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  • Article

    When A Clever Brand Name Becomes An Expensive Problem

    When choosing a business name, many founders overlook the hidden risks of selecting something that echoes a famous brand or cultural reference. A recent trademark dispute involving Taylor Swift demonstrates how brand associations—not just identical names—can create serious legal and commercial problems that extend far beyond registration formalities.
    South AfricaIntellectual Property
    Barnard Inc.
    Barnard Inc.
  • Article

    Why Not Following The Prescribed Procedure To Cancel A Contract Can Land You In Trouble

    In the recent case of Datacentrix (Pty) Limited ("Datacentrix") v O-Line (Pty) Limited ("O-Line"), the South African Supreme Court of Appeal ("SCA") had to determine whether an agreement was cancelled in line with the procedure set out in the contract's cancellation clause.
    South AfricaLitigation, Mediation & Arbitration
ENS
ENS
  • Article

    Rebooting The Relationship: Rebuilding Trust In IT Projects

    Roses are red, milestones are due, building trust in IT projects, always takes two.
    South AfricaMedia, Telecoms, IT, Entertainment
    ENS
    ENS
  • Article

    Adjudication And Prompt Payment Regulations

    The Minister of Public Works has proposed an amendment to the Regulations to the Construction Industry Development Board Act No. 38 of 2000.
    South AfricaReal Estate and Construction
    Clyde & Co
    Clyde & Co
  • Article

    Building Spats Offer No Defence For Guarantors

    Allegations of poor workmanship at President Jacob Zuma's Nkandla homestead have recently made headlines again following an official visit to the estate by MPs and members of the media last month.
    South AfricaReal Estate and Construction
    ENS
    ENS
  • Article

    Africa Regulatory ENSight - Issue 2 Of 2020

    amends the law relating to trade unions to make better provision therefor and for federations of trade unions and employers' organisations;...
    South AfricaStrategy
    ENS
    ENS
  • Article

    Government Restrictions On Access To AI: Legal Implications For South African Organisations

    Following the US government's temporary export controls on Anthropic's AI models in 2026, organisations face critical questions about legal risk and corporate governance when deploying artificial intelligence systems. This analysis examines how existing South African legislation and the King V governance framework create obligations for responsible AI procurement and deployment, even without AI-specific laws.
    South AfricaCorporate/Commercial Law
    ENS
    ENS
  • Article

    How You Sign A Contract Could Determine Your Ability To Have Recourse Where Things Go Wrong

    In a recent unreported case of Massbuild (Pty) Ltd t/a Builders Express, Builders Warehouse and Builders Trade Depot v Tikon Construction CC and another [2020] JOL 48548 (GJ) (the "Tikon case")...
    South AfricaCorporate/Commercial Law
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Click Wars: How South African Courts Have Weighed In On Google Ads And Trade Mark Battles

    In South Africa's digital marketplace, businesses increasingly bid on competitors' trade marks as Google Ads keywords to capture consumer attention.
    South AfricaIntellectual Property
    Adams & Adams
    Adams & Adams
  • Article

    No Second Bite At Arbitration: The Force Of Public-Sector JBCC Substitutions

    Where public-sector substitutions alter a standard form, the court will enforce the text signed rather than reconstruct dispute-resolution machinery that has been deleted.
    South AfricaLitigation, Mediation & Arbitration
    Adams & Adams
    Adams & Adams
  • Article

    SCA Ruling: Ownership Requires Proof, Not Just Assertion

    In the case of Haralambos Prokas N O and Others v Zoviflo (Pty) Ltd, the Supreme Court of Appeal ("SCA") had to determine whether Zoviflo (Pty) Limited ("Zoviflo") had established...
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    Construction Industry Development Regulations

    The Minister of Public Works has announced that he intends to amend the Construction Industry Development Regulations of 2004, which were passed under the Construction Industry Development Board Act of 2000.
    South AfricaReal Estate and Construction
    ENS
    ENS
  • Article

    Effect On Demand Guarantees: Clause 4.2.2 In FIDIC Red 2017

    In the FIDIC suite of contracts, the contractor is ordinarily required to obtain a performance security within 28 days of receiving the Letter of Acceptance.
    South AfricaReal Estate and Construction
    Tiefenthaler Africa
    Tiefenthaler Africa
  • Article

    ESG Trends In The Retail Sector

    As consumers become more discerning, environmental sustainability, social engagement and good governance will continue to demand the attention of all retail sector stakeholders.
    South AfricaConsumer Protection
    Webber Wentzel
    Webber Wentzel
  • Article

    Can A Verbal Agreement Really Hold Up In Court?

    A contract is an agreement between two or more parties who intend to create legally binding obligations. For a contract to exist, there must be mutual agreement (a meeting of minds) and a clear intention.
    South AfricaCorporate/Commercial Law
    Fairbridges
    Fairbridges
  • Article

    Combatting Corruption And ESG

    This article is the second of a 3-part series which will consider environmental, social and governance ("ESG") and factors that have the potential to impact components of ESG. Having established in the first article...
    South AfricaCorporate/Commercial Law
    Andersen in South Africa
    Andersen in South Africa
  • Article

    Supply Chain Disruptions: Legal Strategies For Managing Risks In Agribusiness

    Agribusiness supply chains are, by their very nature, among the most disruption-prone in the world.
    South AfricaCorporate/Commercial Law
    Webber Wentzel
    Webber Wentzel
  • Article

    When Brands Get Patriotic

    The South African flag represents more than national identity—it's a protected symbol with strict legal requirements for commercial use. Businesses seeking to incorporate the flag into their branding or products must navigate complex regulations under the Heraldry Act and Merchandise Marks Act, requiring ministerial consent before use in trade marks, packaging, or advertising.
    South AfricaIntellectual Property
    Adams & Adams
    Adams & Adams
  • Article

    Infrastructure Projects In Sub-Saharan Africa - Mitigating The Risks Of The COVID-19 Outbreak

    On 28 February 2020, the Nigerian Federal Government reported the first confirmed case of COVID-19 or the new "coronavirus" in sub-Saharan Africa.
    South AfricaReal Estate and Construction
    Clyde & Co
    Clyde & Co
  • Article

    Can An Appeal Court Grant A Final Winding-Up Order If A Provisional One Already Exists?

    A recent judgment handed down by the Supreme Court of Appeal (SCA) on 31 March 2025 brings much-needed clarity to an issue that has sometimes left practitioners in a quandary...
    South AfricaCorporate/Commercial Law
    Barnard Inc.
    Barnard Inc.
  • Showing 281–300 of 351 results

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