The Federal Court recently refused to order a defendant to produce samples of cell culture because there was no “reasonable possibility” that testing the samples would yield evidence of patent infringement. In pharmaceutical patent cases, testing samples of a defendant’s
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NYDFS settles with insurance companies over failures in their cybersecurity programs
On November 25, 2024, the New York State Department of Financial Services (“NYDFS”) announced it settled with two large insurance companies over allegations of inadequate data security practices in violation of New York’s cybersecurity regulation (23 NYCRR Part 500) (the…
Dimension Data Facilities & Others vs. Identity Property Co & Others: A Cautionary Tale of Corporate Malfeasance
In a judgment delivered on 25 November 2024, the High Court of South Africa, Gauteng Local Division, Johannesburg declared a series of transactions involving Dimension Data Facilities (Pty) Ltd (Dimension Data Facilities) and Identity Property Co (Pty) Ltd (Identity PropCo)…
Changes to holiday pay entitlement based on an overall commitment requires co-determination by the works council
If the employer changes the existing remuneration principles in the company in breach of the works council’s right of co-determination pursuant to Section 87 (1) No. 10 BetrVG, the affected employees can demand remuneration based on the remuneration principles last…
Änderungen eines Urlaubsgeldanspruchs aufgrund einer Gesamtzusage bedürfen der Mitbestimmung des Betriebsrats
Ändert der Arbeitgeber die im Betrieb bestehenden Entlohnungsgrundsätze unter Verstoß gegen das Mitbestimmungsrecht des Betriebsrats nach § 87 Abs. 1 Nr. 10 BetrVG, können die betroffenen Arbeitnehmerinnen und Arbeitnehmer eine Vergütung auf Grundlage der zuletzt mitbestimmungsgemäß eingeführten Entlohnungsgrundsätze fordern.
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Commencement of the Employment Equity Amendment Act on 1 January 2025
This blog was co-authored by Raees Halim, Candidate Attorney.
On 12 November 2024, the Minister of Employment and Labour (the Minister) signed the long-awaited Employment Equity Amendment Act, 2022 into force with effect from 1 January 2025. The Amendment Act…
Federal Court of Appeal confirms that the PMPRB has no jurisdiction over unpatented medicines
The Federal Court of Appeal (FCA) has confirmed that the Patented Medicine Prices Review Board (PMPRB or Board) does not have jurisdiction over the prices of unpatented medicines. In doing so, the FCA overturned decisions of the PMPRB and the…
Trusts: To Trust or Not to Trust?
Recently, there have been a number of high-profile proxy fights involving trusts, particularly real estate investment trusts (REITs). In contrast to corporations, a trust is predominately governed by its declaration of trust (DOT). While a shareholder of a corporation is…
Transport, Trade and Logistics Update
Insurable interest under South African law revisited
Introduction and background
Insurable interest continues to evolve under English and South African law and should be front of mind for parties involved in the logistics sector who want to manage their risk. The…
Examining the Burden of Proof in Medical Negligence: Insights from K.C.M. obo R.M. v MEC for Health, North West [2023] ZANWHC 45
This blog was co-authored by Danita Mungaroo, Candidate Attorney.
This case highlights the complex intersection of medical negligence claims and evidentiary challenges, focusing on the alleged failure of healthcare providers at clinics and hospitals to adequately monitor and manage labour.…