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Archive for the ‘Corporate law’ Category

Don’t have a blogging policy

July 2nd, 2007 Comments

Here is a thought. Instead of a blogging policy, why not make sure you have a really good external communications policy that covers blogging, email and any other form of communication with the world outside the four walls of your business?

While you’re at it, take a good look at your internal policies as well. There is quite a bit of potential for liability due to misguided or just plain bad internal communications too.

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Episode 2 of the Jacobson Attorneys podcast is available

August 25th, 2006 Comments

I have just uploaded episode 2 of the Jacobson Attorneys podcast.  This episode is a rough and ready introduction to some sole proprietorships, partnerships, close corporations and companies and their usefulness as vehicles for your business.  It is difficult to really capture all the aspects of these various vehicles in one episode of a podcast so this is really a brief treatment of these vehicles.

Please feel free to email me at podcast@jacobson.co.za if you have any questions or suggestions.  Hopefully the sound quality is a bit better than the last episode.  I am working on improving it.

If you would like to download the podcast directly, click on one of the following links:

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No more Mr Nice Guy!

July 11th, 2006 Comments

Litigation has never really been a pleasant exercise.  There is a chance you could lose and wind up paying the costs in addition to having to bear the consequences of what gave rise to the litigation in the first place.  Unfortunately it is not getting any easier to deal with.  In the last few days alone I have found myself dealing with colleagues and litigants who are obstructive, difficult and downright rude in my efforts to either bring matters to a close or simply progress a matter in a civil manner.  Colleagues in particular are becoming ruder and more devious in the way they handle their client’s cases.  In my ideal world litigation can be conducted in its adversarial manner and, at the same time, civilly.  Sadly I seem to be living in a dream world and I find myself wondering if it is becoming necessary to behave similarly when faced with such opponents.  Colleagues rarely behave like colleagues and instead behave like sworn enemies.  Our objectivity as lawyers is fast fading as lawyers become more and more emotionally involved, often in synch with their clients.

I heard a story about a top attorney today over lunch with a colleague (my colleague is an attorney who most other attorneys would do well to emulate).  This top attorney is apparently a real terror when faced in opposition and yet when you meet him it is a pleasure speaking to him.  I wonder if this doesn’t become a necessity on today’s legal battlefields?

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Former Werksmans Chairman heads to Bowman Gilfillan

May 18th, 2006 Comments

I heard a rumour about this a week or two ago and see that Bowman Gilfillan, one of the large law firms in Sandton, Johannesburg, has confirmed that it has hired former chairman of Werksmans (another major law firm in spitting distance from Bowman Gilfillan).  This move is particularly interesting considering that Stein’s father was a previous senior partner of Werksmans and the Steins have been part of the Werksmans culture for decades.  Here is the release on Bowman Gilfillan’s website:

Bowman Gilfillan has appointed one of South Africa’s leading corporate lawyers, Carl Stein, as a Director. Stein’s specialties include Mergers & Acquisitions, compliance, cross-border transactions and advising on and structuring complex corporate/commercial transactions. Stein acted as the lead corporate counsel for Telkom SA Ltd when it listed on the New York Stock Exchange (NYSE) – the largest IPO by a South African Company on a foreign bourse to date.

I don’t see a profile on the Bowman Gilfillan site for Carl Stein just yet.  I am curious what his position is at his new firm.

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Update:

I read a particularly damning article in Noseweek today about what it calls a “palace coup at Werksmans”.  The article makes for interesting reading to say the least.  Ultimately readers must make up their own minds whether talk about powerful cliques and the significant changes are nefarious or simply a “restructuring” effort underway at the 89 year old firm.

Disclosure: I was previously employed by Werksmans before starting Jacobson Attorneys so I won’t comment on the accuracy (or not) of the article.

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