The eFiles

Harty Rushmere eFiles – Volume 37 (July 2016)

The Internet has changed how we work, how we access information and how we engage with one another. In this month’s issue, we explore the legal implications of social networking, discuss the right the public has to information in terms of the 2008 Companies Act and introduce you to the world’s first virtual attorney.

The world’s first smart attorney takes on commercial law

Artificial Intelligence (AI) is no longer the fodder of science fiction movies. The world’s first AI lawyer, IBM’s AI Ross, has been hired by law firm Baker and Hostetler to assist with their bankruptcy practice. This is rumoured to be the first of many licenses to be signed with everyone’s new smart attorney. Ross was

Company notices in electronic form

While we are accustomed to declaring a contract valid based on its physical existence, our increasing shift to online communication and documentation requires us to review our definition of a document’s ‘validity.’ The United Nations Convention on the Use of Electronic Communications in International Contracts (New York, 2007) establishes the general principle that communications are

Business rescue protected from all legal proceedings

If a company is undergoing business rescue, the Companies Act states that it is immune to the commencement of any ‘legal proceeding,’ without the written consent of the business rescue practitioner. However, the phrase ‘legal proceeding’ is not defined by the Act. The Supreme Court of Appeal (SCA) was required to scrutinise two critical questions