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Strategic Through Knowledge
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You do not have my permission to take a picture of me!
Cameras on houses in residential communities, in and around commercial buildings, on traffic lights or otherwise placed in public places for surveillance and security purposes record our “to and fro” on a daily basis. Every now and then, we may be captured incidentally in the background of a selfie or an image in which we […]
Shareholders’ Agreements – An Overlooked Safeguard
Starting a company with someone you trust can seem straightforward, whether it’s a long-time friend, relative, or colleague. You align on the business idea, divide responsibilities, and incorporate the company. At that stage, many business owners believe the difficult part is behind them when it is only the beginning. What is often overlooked is that […]
Rest, Regulation and Reality – When Vacation Leave Laws Stop Working
Jamaica’s vacation leave laws do not align with how modern businesses operate or how employees wish to balance their lives. Instead of facilitating rest and efficiency, the current framework constrains flexibility and limits autonomy. Jamaica’s legal framework for vacation leave is reflective of the era of its passage. In the 1970s, the private sector workplace […]
Can a trust be the answer for an aging or special needs population?
The Problem There have been a growing number of articles and discussions surrounding the issue of Jamaica’s aging population. These discussions often focus on the increased strain on the health care system due to rising chronic diseases, the increased demand for long-term care services and geriatric specialists, and even considerations of the economic impact of […]
Contracting by WhatsApp: Is this a thing?
Many persons, when they think about entering into a contract, think of pages and pages of formal legal document riddled with legalese and jargon not understandable by the ordinary man. However, for most types of contracts, a written document is not required for the contract to be valid. To establish that most contracts have been […]
To Injunct or Not to Injunct
Undoubtedly, you have heard the term “injunction” before, but do you know what it really means? Put simply, an injunction is a court order which either prohibits a person from doing a specific thing (a prohibitory injunction) or directs a person to take a specific action (a mandatory injunction). An injunction can be granted before […]
Who’s Got the Power? Powers of Attorney, Simplified
In Jamaica, many people rely on trusted friends and family members to handle important matters on their behalf. Members of our Jamaican diaspora are also particularly dependent on persons back home to assist with transactions and tasks, including property management, which require a ‘man (or woman) on the ground’. Many of these arrangements can be […]
How private are your employees’ emails?
If an employee accesses their personal email on a company laptop or smartphone, do they lose their right to keep those communications private? The emerging jurisprudence suggests that an employee’s expectation of privacy is neither absolute nor automatically extinguished by the use of company-issued equipment. The critical principle that emerges is that determining an employee’s […]
When “Without Prejudice” does not apply
When loans fall into default, it is normal for there to be correspondence between the lender and borrower (and their respective Attorneys-at-Law) aimed at settling the debt or negotiating new payment terms or extensions to the facility. Ordinarily, “without prejudice” privilege prevents the admissibility of communication between opposing parties aimed at settling the claim. […]
Responding to a Data Breach in Jamaica: Notification Requirements and Risk-Reduction Recommendations for Data Controllers
Today, personal data has become one of the most valuable assets for organizations. Businesses, government agencies, financial institutions, and service providers collect large amounts of personal data daily, ranging from simple identifiers such as a customer’s name, phone number, and address to sensitive information like health records and biometric data. The Data Protection Act (2020) […]
