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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 IP 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 [...]

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)

We like to keep our website up to date and useful. This means that sometimes content needs to be retired. This content is taking a well-earned rest. If you would like to find out more about cloud computing please take [...]

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

Liability for Impersonating Someone Online

Does the law allow you to impersonate someone online? An American woman in New Jersey found a possible answer to this question. She  was charged with identity theft and faced 18 months in prison for impersonating her ex-boyfriend on Facebook [...]

By | November 8th, 2011|Categories: Social Media Law|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: , , |

Legal Risks posed by Social Media

Lots of IT legal risks are posed by the use of social media. Many of these risks stem from the medium itself and many from the fact that the lines between our professional and personal lives are blurring: we are [...]

By | May 11th, 2011|Categories: Social Media Law|Tags: , |

Privacy and Data Protection in Healthcare

Are you wondering how the Protection of Personal Information Act (POPI) will affect your organisation or the healthcare industry? Are you trying to determine what laws are relevant and how you can practice good governance? POPI (together with the Consumer [...]

By | February 23rd, 2011|Categories: POPI and Data 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: , , , , , |