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When are companies obligated to pay salaries during lockdown?

employment | 07 Jul 2020
BY Nomampondo Banzi, Brian Patterson
Many businesses have struggled to survive during lockdown and have subsequently applied to the High Court for business rescue. A key question that arose was whether the restaurants were obligated to …

African brand survey paints a bleak picture of... African brands

IP | 06 Jul 2020
BY André J Maré
On 26 May 2020 The Star newspaper reported on the recently published Brand Africa 100 Best Brands 2020 report. The heading used was “Africa not creating more competitive brands to meet needs of its g…

Hermès: How WWII shortages led to the creation of an iconic brand

IP | 06 Jul 2020
BY Liézal Mostert
An interesting article entitled “A Shortage of Product Packaging During WWII Led to the Birth of Hermès’ Famous Orange Color Mark” from US publication The Fashion Law on 22 May 2020, forms the basis …

Can “Black Lives Matter” be trade marked?

IP | 06 Jul 2020
BY Ilse du Plessis
Recent reports in the publication World Trademark Review (“WTR”) has reported that many have jumped on the “Black Lives Matter” bandwagon and started filing some pretty dodgy trade mark applications.

The Greek Freak and celebrity trade marks

IP | 06 Jul 2020
BY Gaelyn Scott
One of the biggest names in US basketball right now is Giannis Antetokounmpo. Giannis is huge in every way and he’s the NBA’s current MVP. For years Giannis has been all over the sports news but now …

Life sciences acquisitions and divestments

chapter | 02 Jul 2020
BY Vanessa van Coppenhagen

Vicarious liability: Can an employer be liable for the intentional and wrongful conduct of its employees?

employment | 23 Jun 2020
BY Naa’ilah Abader, Brian Patterson
The concept of vicarious liability is not uncommon in the context of employment relationships. There is a plethora of cases dealing with the question of whether an employer may be liable to a third p…

POPIA to commence soon

technology, media and telecommunications | 22 Jun 2020
BY Ridwaan Boda, Era Gunning, Rakhee Dullabh, Wilmari Strachan
The much anticipated and deeply needed Protection of Personal Information Act, 2013 (“POPIA”), which gives effect to the constitutional right to privacy in South Africa, will soon be law.

Taxpayer’s right to privacy trumps Public Protector’s powers

tax | 17 Jun 2020
BY Arnaaz Camay
In a High Court of South Africa judgment, delivered on 23 March 2020 by Judge J. Mabusa, in the case of CSARS v Public Protector and Others, it was ordered that SARS was permitted to withhold taxpaye…

Exchange gains and apportionment of expenditure | Supreme Court of Appeal deals a blow to Telkom in its dispute against SARS

tax | 17 Jun 2020
BY Simon Weber
In Telkom SOC Limited v C:SARS, did Telkom realise a deductible foreign exchange loss upon the disposal of USD-denominated loans in terms the ITA?

General rules regarding interest deductibility

tax | 17 Jun 2020
BY Peter Dachs
In the current environment where there is a huge amount of debt being incurred by taxpayers it is useful to remind ourselves in what general circumstances interest is deductible for income tax purpos…

POPIA “must haves”

technology, media and telecommunications | 17 Jun 2020
BY Era Gunning
While the Coronavirus (COVID-19) continues to affect every aspect of our lives, we cannot overlook the importance of privacy and data protection.

Improved terms and conditions and the transfer of a business: what does South Africa law say?

employment | 17 Jun 2020
BY Brian Patterson
The EAT in England recently handed down judgment dealing with the opportunistic improvement of employees’ terms and conditions of employment shortly before a transfer of business.

CEPPAWU under court ordered administration

employment | 15 Jun 2020
BY Irvin Lawrence
It has become apparent that the Registrar of Labour Relations is intent on ensuring that unions comply with their audit and reporting responsibilities in terms of the LRA.

Defending the breach: the rising costs of cyber-attacks for companies

technology, media and telecommunications | 15 Jun 2020
BY Rob Scott, Nicole Gabryk
While incidences of cyber-attacks have been on the rise for a number of years, the outbreak of the corona virus pandemic globally, and the lockdowns imposed in many countries have let to a steep incr…