Insights that are intended for clients of Michalsons.
Almost certainly not. If you receive an email telling you that your brand or trademark is being registered in China, it is almost certainly a hoax or a scam. The Chinese domain name scam changes over time but is [...]
Are you interested in privacy in healthcare? Are you wondering how the Protection of Personal Information Act (POPI Act or POPIA) will affect your organisation or the healthcare industry? Are you trying to determine what laws are relevant and how [...]
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 [...]
Conducting thorough Intellectual Property audits or IP audits 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 [...]
After having given it considerable thought, and after having carefully listened to the thought leaders on plain language, Michalsons have decided to dramatically minimise the use of capital letters for defined words in our contracts, if not do away with [...]
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. [...]
Databases and the data in them have become very valuable assets. People often ask, what is the law relating to data ownership? What is a database? How do you define a database in an agreement? How does the law [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
