Strategic Through Knowledge

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Need a Business Investor? – Tips to Consider

The classic definition of a business is “an undertaking for the purpose of making a profit.” Enterprises naturally go through several phases, which depending on the context of the discussion will attract several different descriptions. An enterprise may be described as being in the start-up phase, the growth phase, the mature phase or even a […]


The Christmas season is upon us, and several businesses are conducting competitions or sweepstakes where consumers may “Enter for a chance to win!” prizes including furniture, appliances, vacations, cash or even homes and vehicles. These competitions are attractive to consumers. Advertisers must be careful that the representations made to the public are accurate and that […]

How Bosses Mitigate Workplace Injuries

An employer may be liable for injuries caused to a worker even where it was the worker himself, or another co-worker who was negligent and caused the accident. This flows from the employer’s duty to provide a safe system of work, which includes protecting the worker from his own carelessness. Employer’s liability is a subset […]

The best kept secrets: restraint clauses in competitive industries

The issue of protecting trade secrets came to the fore recently with widespread news that the Colonel’s nephew had inadvertently disclosed KFC’s best kept secret: its recipe that has been guarded for decades. The KFC management has since denied that the disclosure is accurate and has said that the recipe is protected in a digital […]

To Merge or Not to Merge?

Mergers and acquisitions (“M&As”) on the surface may ordinarily be considered a question of business and economics, but in fact they also attract several legal and regulatory issues. M&As are typically regulated in many countries under the purview of antitrust legislation. While Jamaica has antitrust legislation in force as the Fair Competition Act (“FCA”), there […]

Privacy in the Workplace

Many employees are of the belief that they have a right to privacy in the work place. Some are of the view that communication sent via their personal email accounts cannot be touched by an employer. Some employers may be uncertain about just how far their right to monitor their employees extends, in addition to […]

Cruise Deal To Be Disclosed – Port Authority, Royal Caribbean Lose Access To Information Case; To Release Contract Documents

Royal Caribbean Cruises Limited and subsidiary Falmouth Jamaica Land Company have failed in their bid to deny disclosure of contractual arrangements with the Port Authority of Jamaica (PAJ), largely because they were a day late filing court documents. The judgment provides no reference to the contracts sought by Jamaica Environment Trust (JET), but Falmouth Jamaica […]

Transfer Pricing Regulations – Opportunities or Threats!

Transfer Pricing Regulations introduced late last year (via the Income Tax (Transfer Pricing Documentation) Regulations, 2015 and Income Tax (Advance Pricing Agreements) Regulations, 2015) seem to be getting a lot of negative press and some amount of resistance from the businesses that will likely be affected. Justifiably, there is a lot of focus on the […]

Employee share ownership plans underutilised in Jamaica

An employee share ownership plan (“ESOP”) is a program that, as the name suggests, provides the employees of a company with a way to acquire an ownership interest in that company. ESOP shares may form part of the remuneration package offered by the employer-company. These shares are typically held on trust until the option vests […]

Corporate governance in micro, small and medium-sized enterprises

Corporate governance (CG) generally refers to the system of rules, practices and processes by which a company is directed and controlled. All enterprises, corporate or not and regardless of size, can benefit from a well-structured system of management and control, which is the basis of good governance. It is with this premise in mind that […]