Insights that are intended for clients of Michalsons.

How to conduct an IP Audit

This article describes the best method of approaching (or process of conducting) an IP audit or an intangible asset audit. It involves five steps: Engage, gather documents, conduct background research and agree on audit plan (Step 1) Get buy-in from [...]

By | August 9th, 2013|Categories: Intellectual Property Protection|Tags: , , , , |

The critical success factors for conducting an IP Audit

Conducting a thorough audit of all the intangible assets or intellectual property (IP) that an organisation owns is a time-consuming and often costly business. You want to get it right and make sure that maximum value is received by the [...]

To use capital letters for defined words or not?

After having given it considerable thought, and after having carefully listened to our thought leader on plain language, Andrew Weeks, Michalsons have decided to dramatically minimise the use of capital letters for defined words in our contracts, if not do [...]

By | September 10th, 2012|Categories: Plain Language|Tags: |

Reasonable efforts: what is the standard?

We often get asked what the difference is between "reasonable efforts" and "best efforts".  Sometimes they are referred to as "reasonable endeavours" or "best endeavours".  It is often a sticking point in the negotiation of agreements and sometimes causes disputes.  [...]

By | September 5th, 2012|Categories: IT Contracts|Tags: , |

IT Contracts in the Cloud (Part 2)

Increase in Noise IT contracts for cloud computing are becoming more important as organisations start moving into the cloud. Part 1 of this article was written in 2010. In it we mentioned that one of the buzzwords in IT then was [...]

By | April 27th, 2012|Categories: IT Contracts|Tags: , , |

When the CPA applies to some customers, but not others

When asked to convert legal documents to ensure that they are compliant with the Consumer Protection Act (CPA) and its regulations sometimes a difficult situation arises: what happens if the CPA would only apply to some of your customers, but [...]

By | May 28th, 2011|Categories: Consumer Protection|Tags: , , |

How to Deal with an Unfair Agreement

Have you been presented with an unfair agreement (like an IT Contract or a commercial lease agreement) to sign by a vendor, service provider or landlord? For example, when you license software, procure cloud storage, buy hardware, rent premises, rent [...]

By | October 7th, 2010|Categories: IT Contracts|Tags: , , , , , |

IT Contracts in the Cloud (Part 1)

IT contracts for cloud computing are starting to evolve as organisations start moving into the cloud. One of the buzzwords in IT at the moment is "cloud computing". Many consider it to be  the next great wave in the IT industry. [...]

By | May 17th, 2010|Categories: IT Contracts|Tags: , , , , |

When someone copies your website

There is nothing worse than finding a web site that is a blatant copy of your own. "Imitation is the greatest form of flattery" or so the saying goes. But it really can be no laughing matter when it impacts [...]

By | February 23rd, 2010|Categories: Intellectual Property Protection|Tags: , , |

When a ‘contract’ is not a contract

We often get asked to review a document which looks like a contract and contains legalistic words, but, on closer analysis, is not one. What is a contract? A contract is an agreement between two or more people or organisations [...]

By | December 5th, 2009|Categories: IT Contracts|Tags: , , , , |