Page 7 - KZN Business Sense - Vol.6 No.1

NEGOTIATING

THE MINEFIELD

OF INFORMATION

TECHNOLOGY

CONTRACTS Jonathan Batho, Carina Eriksson, Robyn Bronstring, Adrian Krige, Andrew Seymour,
Associate
Candidate Attorney
Partner
Candidate Attorney
Candidate Attorney
reasonable and apply accepted NEW BLOOD AT COX YEATS
Jonathan Batho, Partner, Information &
Communications Technology Practice, market practices.
Cox Yeats Attorneys
What’s really important is ONATHAN BATHO: Town, where she completed (majoring in Political Science
ensuring that you get what Jonathan re-joined Cox Yeats
s the technology sector you signed up for, are able to a Bachelor of Social Science and Law) in 2016, and went on
presses further into manage an inevitable amount Jat the beginning of 2020 (B.SocSc) degree, majoring in to complete his LL.B degree
Abusiness functions, of change with a reasonable as Team Leader of the firm’s Psychology and International in 2018. He then took time to
processes, management analytics level of flexibility, commercial Information & Communications Relations, in 2012. She travel, returning to UCT in 2019
Technology practice, extending
and even artificial intelligence transparency and certainty, and thereafter completed her to graduate with a Masters in
(AI) enabled competitive protection from regulatory and the firm’s services portfolio to L.LB degree at the University Law (specialising in Commercial
advantage, businesses are required third-party threats. include its’ clients’ information of KwaZulu-Natal (Howard Law). In 2016, during his time
technology requirements.
to adopt appropriate technology Jonathan is an Information College) in 2015. During her at UCT, Adrian was selected
solutions in order to remain Software houses will attempt Technology specialist in time at UKZN, she was selected to serve on an organised sub-
relevant, effective and profitable. to prevent customers from procurement, commercial and as the Head Coordinator of committee within the Law
cancelling licenses they no longer
Contracting for these need (thereby reducing annual contracting of IT systems and Visually Impaired Positivism School Mentorship Programme.
dynamically evolving systems and maintenance), or transferring infrastructure landscapes. (VI+) - a university-managed He is passionate about
consumption-based landscapes them either to another subsidiary organisation that raises commercial endeavours and
is a minefield of complexity and or another entity acquiring a Jonathan was admitted as an awareness of students living relating legal matters. While
frequently involves a significant subsidiary, or swapping them for a Attorney of the High Court with disabilities. She has also studying for his Masters’ degree,
level of commercial exposure. different type of license that they of South Africa in 1996 after achieved a number of Deans Adrian gained exposure to
Traditional corporate legal do in fact need. The list abounds. serving articles at Cox Yeats. Commendation and Merit corporate transactions (mergers,
departments are distracted away Infrastructure and cloud After completing his articles Certificates in various modules. acquisitions, disposals, and
from the critical elements because providers will similarly attempt of clerkship he joined SAB in She was admitted as a Legal takeovers) and looks forward to
techie concepts and terms are to impose minimum revenue 2000 after spending a few years Practitioner of the High Court acquiring a deep knowledge in
typically outside of their comfort commitments, preclude customers abroad, heading up technology in 2019 having completed these fields, as well as in matters
zone, and/or area of expertise. from reducing consumption- procurement and commercial her articles of clerkship at a relating to corporate governance
Instead they engage vigorously on based services, dilute their in South Africa. He was then Durban-based firm. and corporate finance.
terms relating to risk allocation performance guarantees and/ transferred to London in 2004
and the consequences of failure, or impose unreasonable notice where he performed this role ROBYN BRONSTRING: ANDREW SEYMOUR:
their more comfortable areas periods for the termination of for the SABMiller group of Robyn is completing her Andrew joined Cox Yeats as a
relating to limits of liability, commodity landscapes. companies. Jonathan spent articles as a member of the Candidate Attorney, and will
indemnities, termination and Consulting and implementation the next ten years in the U.K. Corporate & Natural Resources be serving his articles as a
warranties. firms have their own recipe for in various global technology Team where she would like member of the Construction,
I concede that these terms and avoiding delivery accountability commercial and procurement to focus on Commercial Engineering and Infrastructure
team. He completed his LL.B.
conditions are an indispensable and exploiting commercial roles. During this time, Law. She obtained her B.A. degree through UNISA in
foundation to the parties’ loopholes. Jonathan supplemented his Law degree followed by a June 2019, studying part-time.
engagement, however suggest These are the important items legal qualifications with a Postgraduate LL.B from the However, he initially obtained
that they consume an amount of that need to be negotiated at certification in SAP financial University of Stellenbosch,
time and focus that is inversely the time of procurement, when systems and attended an graduating in 2019. During his B.Sc in Civil Engineering
proportional to the risk that they customers have leverage. executive finance programme her time at University she from the University of KwaZulu-
mitigate or value they create. at Insead in France. He was actively involved in Natal in 2005 and had been
Resolving these challenges in practicing as an Engineer
The IACCM (International order to deliver value adding subsequently returned mooting and served as Vice since then. During this time
Association for Contract & technology solutions to your to South Africa with his Chairperson of the University’s he registered as a Professional
Commercial Management) in business requires experience family and joined Aspen Moot Society. Robyn was also Engineer through ECSA (the
their report, most negotiated and expertise together with Pharmacare Holdings where he employed by the law faculty Engineering Council of South
terms 2018, propose that many negotiating competence. The two managed global systems and as a university tutor for two Africa) in 2013. Throughout
of today’s business to business ways of fulfilling this requirement infrastructure procurement years and completed a year the 14 years of his Engineering
negotiations fail to achieve their are to either recruit someone projects, commercial of voluntary work at the
purpose of delivering mutual internally or engage a specialist. negotiations and their resulting Stellenbosch University Law career, Andrew worked in
benefit. Having insight from more Our technology team at Cox contracts. Clinic. construction and consulting,
than 2100 organisations, IACCM Yeats has more than two decades CARINA ERIKSSON: Carina as well as in both the private
confirms that limits of liability, experience in procuring and ADRIAN KRIGE: Adrian and public sectors. He will be
indemnities, termination and contracting technology systems, practices in the Property team, is serving his articles as a combining his qualifications
warranties occupy four of the six infrastructure and services from where she is working towards member of the Corporate & and work experience to
most negotiated contract terms. all the major software, technology qualifying as a conveyancer. Natural Resources Law Team. ultimately specialise in
(One needs to be mindful that this and consulting houses both She commenced her studies He graduated from UCT with Engineering and Construction
is to the exclusion of provisions internationally and locally.  at the University of Cape a Bachelor of Social Sciences Law. 
relating to scope, responsibilities,
price, delivery, performance and Please contact us should you wish to
data protection & security). discuss your requirements.

In my view, the former The Information & Communications
historically power-based Technology Team is headed by
negotiations are able to be partner- Jonathan Batho. If you
require assistance or advice regarding
efficiently concluded and Information & Communications
dispatched if the parties arrive Technology matters, contact us on
at the table with an intent to be T: 031 536 8500 or
E: jbatho@coxyeats.co.za

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