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In a case where a company is harmed by the actions of a third party and the company's share price consequently depreciates, a shareholder in the company is ordinarily not entitled to bring...

A South African court has delivered a decisive ruling on the limits of post-employment competition, finding that two senior employees unlawfully used their former employer's proprietary software, client relationships, and confidential information to launch a competing business. The judgment reinforces that fiduciary duties can extend beyond employment termination and that building a business on a former employer's investment constitutes unlawful springboarding rather than legitimate entrepreneurship.

Shareholders' meetings are one of the crucial platforms for decision-making within a company.

The indoor management rule is that a person dealing with a company in good faith, and who is entitled to assume that the corporate acts provided for in the company's...

When acquiring a business, the purchase price often reflects intangible assets like customer relationships, reputation, and market position. How can purchasers protect the goodwill they've paid for when sellers may be positioned to immediately compete using the same relationships and knowledge that contributed to the transaction value?

South African company law, governed primarily by the Companies Act 71 of 2008 ("the 2008 Act"), does not expressly define "shadow directors." In contrast, many international jurisdictions provide a specific definition...

"Business hijackings", in which companies or their business secrets are stolen lock, stock and barrel right under the noses of their owners, appear to be on the increase in South Africa.

Chat tools and apps offer convenient and informal ways to network, communicate, share ideas, and connect with colleagues, clients and service providers.

After the Cape was taken over by the British at the end of the eighteenth century British control lasted until 1910. Although Roman-Dutch law was retained as the common law of South Africa there was an inevitable movement to adopt English law and institutions.

The ability to electronically perform transactions between individuals, and individuals and public bodies, has transformed the way business is conducted and the manner in which services are rendered...

Section 69(7)(a) of the Companies Act No. 71 of 2008 states that a company is ‘ineligible' to be appointed as a director of another company.

With the boom of ChatGPT, AI frenzy, and similar technologies ("generative AI") companies are questioning whether to allow their staff to utilise Generative AI for company purposes and if so, how to regulate such usage in order to minimise legal risk, especially in the absence of regulation in most jurisdictions.

The Memorandum of Incorporation ("MOI"), Shareholders' Agreement, and Rules of a company can all be described as instruments forming part of the same...

Who rules the roost on access to and protection of personal information relating to shareholders and directors?

Industrial designs can be registered in South Africa and there is, in fact, provision for the registration of both aesthetic and functional designs.

On 15 March 2020, South African President Ramaphosa announced the declaration of a national state of disaster, as a result of the recent events surrounding the rise in Coronavirus infections...