CORPORATE AND COMMERCIAL

We have found that certain start-ups and small to medium business clients prefer to have an arrangement where we are retained as their outsourced in-house counsel.  This arrangement has three distinct advantages in that (i) we are able to familiarize ourselves with our client's core business, culture and legal needs; (ii) we maintain a long-term relationship which facilitates the efficiency of our service and (iii) we become an integral part of our client's management team. 
 

THE SPECIFIC GENERAL CORPORATE AND COMMERCIAL SERVICES WE PROVIDE INCLUDE, BUT ARE NOT LIMITED, TO THE FOLLOWING:

• Start-up counselling which is inclusive of the free initial consultation;

• Company formation and structuring (both profit and non-profit) and preparation of related documentation including but not limited to Memorandum of Incorporation and Shareholder Agreements;

• Drafting of commercial agreements in the ITC sector including but not limited to Service Level Agreements; Software License Agreements; Software Development Agreements; Support and Maintenance Agreements

• Intellectual Property agreements including but not limited to Intellectual Property assignment agreements, licensing agreements, Non-disclosure and inventions assignment agreements, and terms of service/use and privacy policy;

• Employment and independent contractor agreements;

• General commercial contracts including but not limited to services agreements, partnering agreements, vendor/supplier agreements and commercial lease agreements;

• Corporate governance including but not limited to board of director matters and shareholder matters; and

• Trademark advice and registration.

CIVIL AND COMMERCIAL LITIGATION

With our civil and commercial litigation experience, we are capable of representing our clients in a wide and diverse range of matters before all levels of courts and various administrative tribunals, commissions and agencies. 

We aim to assist our clients to organise their affairs in a way that litigation is avoided whenever reasonably possible. However, where litigation is too costly or at first glance seems to be a lengthy process, we are able to suggest alternative dispute resolution mechanisms that can be beneficial economically and timeously for our clients such as arbitration and/or mediation. 

OUR CIVIL AND COMMERCIAL LITIGATION PRACTICE INVOLVES REPRESENTING OUR CLIENTS IN, INTER ALIA, THE FOLLOWING DISPUTES:

• Commercial and contractual disputes;

• Delictual disputes;

• Corporate disputes;

• Labour disputes;

• Eviction of illegal occupants;

• Mediation and arbitration proceedings;

• Personal injury claims;

• Litigation relating to constitutional matters and rights in the High Court and Constitutional Court;

• Matrimonial and family law litigation, including divorce, custody and maintenance matters;

• Ad hoc ex parte and/or urgent applications. 

CONSTRUCTION AND ENGINEERING

Our experience has taught us to apply a holistic approach to construction and engineering. To this end, we seek to add value to our clients through engagements which bring about a complete understanding of the objectives of each mandate. The specific construction and engineering legal services we provide inter alia include the following:

• drafting, reviewing and advising on construction contracts. We have experience in working with various standard form contracts, including FIDIC, NEC3, JBCC, CIDB and GCC;

• project management assistance, which includes training to project managers and the project team regarding the client’s rights and obligations in terms of the construction contract;

• project review services which includes reviewing the day to day operations and optimizing income and revenue generation through claims and alternative dispute resolution.