by Nicolene Schoeman-Louw

The rapidly growing creator economy is providing South African entrepreneurs with exceptional chances to collaborate and expand their businesses. As companies from various industries are increasingly acknowledging the impact of influencer marketing, it has become crucial to comprehend the legal complexities of such partnerships to protect their interests and promote sustainable brand relationships. 

by Nicolene Schoeman-Louw

Unfortunately, some employees may engage in acts of misconduct from time to time in the workplace. The figures related to the number of disputes referred to by the Commission for Conciliation, Mediation and Arbitration ("CCMA") and bargaining councils confirm the truth of this statement. Misconduct can take many forms, including theft, unauthorised possession, dishonesty, negligence, and absenteeism.

by Nicolene Schoeman-Louw | SchoemanLaw Inc | Specialist Technology, Commercial and Contract Law Attorney 

Whether a loan agreement or acknowledgement of debt ("AOD") falls under the National Credit Act 34 of 2005 ("NCA") and specifically meets the criteria of being at arm's length could be the line between enforcement of an agreement and it all falling apart.

by by Nicolene Schoeman-Louw | SchoemanLaw Inc | Specialist Technology, Commercial and Contract Law Attorney 

A trust is a widely used legal entity for various purposes, including estate planning, asset protection, and the management of assets for the benefit of specific individuals or entities. Within the context of trusts, there exists a legal concept known as the "alter ego" of a Trust, which is an essential consideration for trustees, beneficiaries, and anyone involved in trust-related matters.

by by Nicolene Schoeman-Louw | SchoemanLaw Inc | Specialist Technology, Commercial and Contract Law Attorney 

In today's intricate and multifaceted business environment, adhering to legal compliance is far more than a mere option—it's a fundamental prerequisite for any organization. Complying with the labyrinth of laws and regulations is not solely about averting legal entanglements. However, it is a pivotal component for fostering trust with stakeholders and ensuring the enduring viability of your enterprise. To proficiently manage legal compliance within your business, a meticulously crafted project plan serves as an invaluable roadmap.

by Nicolene Schoeman-Louw

For many law firms, the thought of AI has not been all moonlight and roses. In many instances, there is a fear that it signals the end of our profession, whilst in other cases, a deep sense of distrust. The term AI is also a collective for Artificial Intelligence which refers to the simulation of human intelligence processes by machines, especially computer systems. There are many times including Generative AI or Natural Language Processing such as Chat GPT. Other types include reactive machines and limited memory bases. 

by Nicolene Schoeman-Louw

In recent years, South Africa has witnessed a surge in the influencer marketing industry. With the rise of social media platforms like Instagram, YouTube, and TikTok, individuals from various walks of life have harnessed their online presence to become influential figures. These influencers can help brands reach a wider audience and boost their marketing efforts. However, as this industry continues to evolve, both influencers and brands must be aware of the legal implications and responsibilities that come with it. 

by Nicolene Schoeman-Louw

As technology evolves, so does the way we communicate and conduct business. In today's digital age, emojis have become integral to our daily conversations. These little pictographs have played a significant role in modern communication, from expressing emotions to conveying complex messages. Surprisingly, emojis have even found their way into legal matters, with some jurisdictions recognising them as a form of contractual agreement.

by Nicolene Schoeman-Louw

Disputes and conflicts are inevitable in human interaction, often arising in both personal and professional settings. In business, resolving disputes in a timely and amicable manner is crucial for maintaining healthy relationships and fostering long-term success. Traditionally, conflicts have been addressed through the adversarial process of litigation. However, an alternative approach that has gained significant recognition is mediation. In this article, I explore the key differences between resolving a dispute in court versus mediation. I argue that mediation offers a more favourable approach to maintaining good relationships, which is essential in business.

by Nicolene Schoeman-Louw

In recent years, the rise of social media has revolutionised the way in which we communicate and interact with each other. While social media can be a great tool for staying connected with friends and family, it can also be used in harmful or unlawful ways. We will explore how undesirable social media usage can fall foul of three key South African laws: the Protection of Personal Information Act 4 of 2013 (“POPIA”), the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”), and the Cybercrime Act 19 of 2020 (“Cybercrimes Act”).

by Nicolene Schoeman-Louw

Electing the most appropriate method of resolving disputes may be the difference between your business surviving this challenge or failing. In many instances, business owners need to be aware of the options at their disposal when resolving future disputes. As such, they do not contract correctly. In other instances, there is awareness, but a complete understanding of the implications of pre-selecting a specific dispute resolution alternative is needed. As such, business owners must better understand the other options and contract most appropriately from the outset.

by Nicolene Schoeman-Louw

We often read about banks, clients and scams. Often we see litigation between the bank and its Client. So, where does the reciprocal duty start and end?

by Nicolene Schoeman-Louw

Many litigants often find that getting recourse at Court only partially resolves all issues between them. It usually calls for referring the matter back even after it was concluded and is typically where a contempt of court application would follow.

by Nicolene Schoeman-Louw

Daily we are having conversations around a new world and cryptocurrency, the metaverse, NFTs and Blockchain (to name a few). To many of us, this may seem like fiction or perhaps a trend that will fade. Therefore, many of us do not pay too much attention to it. However, ever-evolving technology is not just a trend, and it is something to stay informed of as our businesses would need to evolve and adapt to remain relevant.

by Nicolene Schoeman-Louw

Trusts are valuable tools to safeguard assets, but in many instances, especially in divorce, that is not always the case. Yet, that is precisely what happened in PAF v SCF[2022] ZASCA 101 (22 June 2022). This Supreme Court of Appeal case is reportable. Therefore precedent-setting - binding in law.

by Nicolene Schoeman-Louw

A recent case from the Commercial Court in Gauteng, South Africa, was fascinating because it illustrates the far-reaching effects of conflicts of interest in companies and why they should be avoided.

by Nicolene Schoeman-Louw

In a recent labour court judgement, the legal nature of resignation was considered. It was also considered whether, and if so - how it could be revoked. We are currently in a great resignation globally, for reasons including but not limited to employees seeking to access provident fund benefits. Employees want to start their businesses. Short working time was never adjusted, leading to searching for greener pastures, regardless of the chances that you could face several resignations this year. You must avoid ending up in court over it.

by Nicolene Schoeman-Louw

In a recent labour court judgement, the legal nature of resignation was considered. It was also considered whether, and if so - how it could be revoked. We are currently in a great resignation globally, for reasons including but not limited to employees seeking to access provident fund benefits. Employees want to start their businesses. Short working time was never adjusted, leading to searching for greener pastures, regardless of the chances that you could face several resignations this year. You must avoid ending up in court over it.

by Nicolene Schoeman-Louw

Every attorney will tell you that it is critical to have a professionally drafted will and to ensure that you appoint the right executor to administer the deceased estate. Ultimately it aims to ensure that the administration of the deceased estate runs smoothly and without the added trauma of conflict. The question is, then, why are some deceased estates still marked with so much difficulty? Why does gut-wrenching conflict shadow so many legacies? Even when there is a Will?

by Nicolene Schoeman-Louw

It is common cause that the legal framework around blockchain technology in most countries around the world is in its infancy. In most jurisdictions, the debate centres around the taxation of the assets as opposed to the regulating standards to limit user risk.

by Nicolene Schoeman-Louw

Evidence is the basis for establishing probabilities of a specific event or sequence of events occurring. In enforcing your rights, this becomes critical. This can take many forms, including witness testimonies, documents, recordings and other forms of data. But what happens when you suspect a particular position or do not have a specific record?

by Nicolene Schoeman-Louw

Often when clients find themselves in a dispute, we are asked as attorneys to comment on the prospects of success, which is sometimes a challenging question to answer effectively. In South Africa, we follow an approach that all matters are based on a balance of probabilities (concerning civil cases). In simple terms, this means that the version the judge or magistrate is most persuaded to be most probable will succeed. But, of course, the legal requirements also play a role and should not be overlooked.

As a firm of attorneys, we are known for advocating the importance of having a legally valid will drafted, regardless of your age or financial standing. In my career, I have often come across hugely successful entrepreneurs who didn’t have a will in place, or if they did it was seriously outdated.

If you are a small business owner in South Africa and struggling to understand how the new BBBEE codes of good practice could impact your business then read on….