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Risk Management

Hands Off My Facebook

Social media in the workplace – employer’s or employee’s?

Bryce Matthewson




The concepts of successful business strategy and social media are becoming synonymous in the 21st century. Businesses who don’t embrace the benefits of social media are frankly the exception rather than the rule, but as with most benefits, they do come with their own risks. One of these risks, which is becoming increasingly apparent, is the question of who owns these elusive accounts?

It goes without saying that social media accounts such as Facebook and Twitter can be of significant commercial value to a business. It provides a targeted, captive audience for legal direct marketing, and also a platform on which to engage on a one-to-one basis with customers.

The value of the medium is clearly reflected by the increasing trend of businesses to ‘sell space’ on their social media accounts. Magazines, sports stars, and celebrities are often reported to be selling Twitter tweets and Facebook posts.

Who’s posting?

As a result of the novelty of social media, in many instances it is not the business that has established an account but rather employees of those businesses, who tweet or post on behalf of the business.

When former BBC Political Correspondent Laura Kuenssberg left the BBC to join ITV, she had established a Twitter following of almost 60 000 persons with her Twitter handle, @BBCLauraK.

She was in effect tweeting on behalf of the BBC while using this account, but when she left, her account was renamed @ITVLauraK and she took her 60 000 followers with her to the competitor news station.

Examples like this give rise to the very important question of who owns these accounts? It’s a long standing principle that client lists do constitute company property. But will the same be true for Twitter followers, Facebook friends, and even LinkedIn connections?

How will it affect your business if an employee leaves your business and ‘steals’ the social media accounts? Likewise, how will a former employee react if you, as their erstwhile employer, demand that they hand their social media accounts over?

Related: What You Need to Know to Be Risk Savvy

Leaving with Twitter lists

The issue recently came to a head in a dispute between Phonedog Media LLC, an online blog site focusing on mobile phone news and reviews, and its former employee, Noah Kravitz. Kravitz, while tweeting on behalf of Phonedog, had gathered some 17 000 followers, which Phonedog alleged were each valued at $2,50 per month.

After Kravitz left the business, and took ‘his’ account with him, Phonedog instituted action against him, seeking to have the account returned to it and damages in the amount of $340 000. If Kravitz had been leaving with a client list the case would have been the proverbial ‘slam dunk’ for Phonedog, but he wasn’t, he was leaving with a Twitter account which he had established and run while employed by Phonedog.

In Phonedog’s application it acknowledged that it could not own the Twitter account, but rather asserted that it had an ownership interest in the account, and more importantly in the list of ‘followers’.

Somewhat regrettably, after Kravitz failed in an initial application to dismiss, the parties reached a settlement and accordingly the issue has still not been pronounced upon by a Court. We now have to wait and see how the courts will deal with the issue in the future.

Related: Your Employees are Your Brand

Who owns the IP?

The issues raised by these disputes are not simple and stretch the bounds of existing laws to the extent that the answer is very often not clear. It involves issues of copyright, trade marks, trade secrets, privacy, restraint of trade and personality/image rights.

This uncertainty leaves both the employer and the employee in a rather precarious position of not knowing where they stand with issues of this nature.

Despite this uncertainty, in a statement made by Kravitz after the matter had been settled, he commented:

“If anything good has come of this, I hope it’s that other employers and employees can recognise the importance of social media…  good contracts and specific work agreements are important, and the responsibility for constructing them lies with both parties.”

Business should not simply rely on existing IP transfer policies and agreements, as it is not clear whether these will be sufficiently broad to include social media accounts. Businesses must as a matter of good governance, and to avoid disputes of this nature arising, put in place comprehensive social media policies dealing with these issues.

These policies should also deal with the additional risks associated with social media such as security of accounts, management of content and appropriateness of conduct on personal social media accounts.

Bryce Matthewson (BSc (Chem),LLB, LLM) is a candidate attorney in the patent litigation department at Spoor and Fisher. He assists with all matters relating to litigation of patents, designs and plant breeder rights. He maintains a particular interest in matters relating to technology, and their impact on the law and on the flip side, has an active interest in matters relating to traditional knowledge rights.


Risk Management

How to Take Risks That Win (Almost) Every Time

Knowing which risks to take, and how to take them, can be extremely helpful in stacking the odds in your favour.




Looking 13,000 feet down out of an airplane, parachute pack secured, your heart beating in your throat, must be one of the most terrifying experiences imaginable. Though not all risks are life-threatening, all risks are frightening. As humans, we’re constantly afraid of failure, of doing something wrong and of having to deal with the consequences. Yet, at the same time, there is nothing more rewarding than reaping the benefits of a risk gone right – of landing safely ground, to build the earlier metaphor.

For entrepreneurs, risk taking is a necessity of the job. After all, we’re never quite positive that things are going to work out the way we envision. We make choices daily which affect our business, and we can never be absolutely sure that we’re making the right ones.

Knowing which risks to take, and how to take them, can be extremely helpful in stacking the odds in your favour. While risks are unavoidable, approaching them strategically can be the best way to decrease your parachute’s chances of failing, so to speak, and to produce measurable results that you would never have achieved had you avoided the risk in the first place.

Related: Dream Big, Plan Well, Minimise Risks Says Braam Malherbe

In order to hone your risk-taking skills, here are some guidelines:

1. Information is your friend

The more knowledge you have about any given topic, the less risky your endeavours will ultimately be. For example, many of the most steadily successful brokers on Wall Street are those who understand the patterns of the market better than anyone else. While there are always going to be those people who make millions off a risky uninformed bet, they are the same people who most likely will lose all their earnings on a single trade. Traders who build a sustainable career for themselves are the ones that have deep knowledge of the industry.

Similarly, you should be an expert in your field. You should know your industry well – your product or service you are providing. You should understand the buying patterns of consumers, their motivation and pain points. What drives them to buy your products? Where and when do they buy? What makes them stop buying?

As an entrepreneur – or in any profession that requires risks, really – you’ll want to have as much information as possible. The more you know, the fewer unknowns there are. The unknowns, ultimately, are what makes an action risky.

2. Assess the risk carefully

While risk is a reality of life, there is also something to be said for strong assessment skills. Being able to look at a risky situation and decide whether or not it’s worth taking is a hallmark of a good businessperson.

Venture capital investors, for example, spend their entire careers deciding which companies are worth risking time and money on. Those who throw their money around recklessly, while admirable for their risk-taking, are not necessarily the most successful investors.

Being a good risk-taker involves using the information you have to assess a situation and decide whether or not the risk is worth it.

Related: 5 Infamous Risks Every Entrepreneur Must Face

3. Learn from failure

Appreciate that all risks are learning experiences. Especially those that don’t pan out.

On some accounts, failure is actually more valuable than success. While failures may not lead to an increase in your bottom line, you can use the opportunity to glean important information about what you’ve done wrong, where you misstepped and how you can move forward in the future.

The biggest mistake many people make is seeing failure as a measure of who they are, rather than a measure of where they can go. We’ve all heard that failure is feedback. Most successful entrepreneurs failed at many ventures before they created that million-dollar offering. Most overnight successes took many years to make. If you take a risk and fail, learn from it. Ask yourself what you can do differently next time, and then move on. The only failure is not learning the lesson that it provides and using it to hone your next endeavour.

According to Mark Zuckerberg, “The biggest risk is not taking any risk. In a world that’s changing really quickly, the only strategy that is guaranteed to fail is not taking risks.”

Taking risks is the only way to go from here to there. Even failed risks move you closer to your goals if you can turn that failure into valuable learning and a plan for improve your results next time.

This article was originally posted here on

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Risk Management

Are You Focusing Too Much On The Little Details (And Forgetting The Bigger Picture)?

To what degree do outside influences impact your business’s success? As a business owner, should you be focused on your business, or taking a macro view of the world?

Nicholas Haralambous




Entrepreneurs live in the daily grind of their businesses. This is unavoidable but can often be fatal. Day to day we think that the little things matter more than the very big things do. A little thing like the floor of your office or store being mopped daily can become a huge issue if not done.

Sure, these things are important because they create a culture of care and pride, but what you might be missing while you watch your team mop the floors is the macro-economic climate shifts that happen more rapidly than you think.

Step back to move forward

Early in the life of a new business the only way to survive is for the founders to do absolutely everything. From designing a logo and launching a strategy all the way through to writing tweets and emailing customers when there are issues.

This makes sense when you’re building a business, your team is small and your cash is tight. However, as you grow, it becomes important to let your people do their best and take on the day to day work.

Related: Expanding At The Speed Of Stress

As an obsessive entrepreneur it’s often hard to let go of these little details. Day to day operations will always be integral to the growth of your business and an important part of someone’s job in your organisation. However, it shouldn’t be yours if you are taking care of the big picture.

As the leader of your business you need to take a step back from the grind and look at the world around you.

To truly understand the positioning of your growing business you need to understand your country, continent and world.

You should understand the economic position you’re in as well as that of your province, country and even the markets that might directly influence your sales. Get a good understanding of the political stability of your country and the world.

Finally, you should figure out if there are any large- scale impending disasters. If disaster is imminent, like Zuma pillaging a nation and tanking an economy, then you have to get your head out of the floor mopping and into the high-level strategy of survival and preparation for disaster.

Move the needle


Every day there are 24 hours that you can fill. You can choose to work during that time and faff with the things that were once important, or you can figure out what is going to move the needle in your business.

What is going to really help you survive and grow in the years to come? Founders, CEOs and leaders need to be thinking about the next three, five and ten years. Let your team worry about today. Let the smart people you work with make today and tomorrow and next week work.

Chances are, the things you are doing in the hours/minutes aren’t saving your business or moving the needle. It’s the things that you plan for the next six months that affect the next five years.

Related: 8 Rules To Build Wealth When You Weren’t Born Into Money

Don’t live in a bubble

It’s easy to fall into the trap of thinking that you live in an isolated country or region that isn’t affected by world events. Unfortunately, no matter how hard you close your eyes and hide your head under the pillow you can’t avoid the fact that your business exists in a globally connected environment.

At Nic Harry we were affected by the Brexit events that unfolded in the UK and Europe. British shoppers were scared and didn’t spend their money when they were on holiday in Cape Town over the peak holiday season. I was so busy preparing for the seasonal uptick that I missed the link between a huge global event and my sales.

You live in a world that is filled with online shoppers and tourists who visit your business whether you know it or not. Prepare for the world to start having an effect on your business more and more.

Broaden your view

I am always fascinated by the narrow view of the world many entrepreneurs display. I may sell men’s socks, accessories and style but that doesn’t mean that the mining sector doesn’t affect my business.

Related: How To Plan, Prioritise And Get It Done Now

Even if you were an entrepreneur building a business in Antarctica I would urge you to read about oil prices, political world events and the intricacies of overfishing in the South American seas. Being well rounded and having a broad view of the world and your business can only make you a more robust thinker who sees more angles to exploit, protect against and thrive on.

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Risk Management

Why Adversity Is Actually The Best Thing For Your Business

There’s been a lot of talk about privilege lately: What is it? Who has it? Who doesn’t have it? I have a slightly different take on privilege and prefer to frame it as the privilege of adversity.

Allon Raiz




Studies across the globe show that the minorities in all contexts have higher rates of entrepreneurial activity than the incumbent majority. There are a host of reasons for this, but one of them is that adversity creates resilience and self-reliance that are vital for entrepreneurial success.

Every successful and exponentially successful entrepreneur that I have met or read about has transitioned through a baptism of fire. They have overcome insurmountable obstacles and used the lessons gifted through their experiences to rocket their business to the next level.

Related: Approach Adversity Head-On

The Five Gifts Of Adversity

A sense of where your true limits are. These are always far beyond what your belief system believed them to be. The experience of testing your limits breaks the preconceived notion of where your limits are or were.

Confidence. Once you have overcome an issue, the experience of overcoming it builds a high level of confidence that should the issue reoccur, you will have the ability and resources to overcome it. For example, if you lose your biggest client and manage to keep your business afloat, the next time you lose a big client you will not panic or become despondent, but will instead kick into action and claw your way out again.

Insight. Insight as to which of your non-financial resources you can tap into. When the chips are down and money is nowhere to be found, it’s amazing how many resources you will now perceive around you that can potentially help you transition to success. These resources come in the form of advice from friends, access to new markets through networks, credit from suppliers, and free promotion through networks, to name a few.

Your relationship with your own resourcefulness. The experience of not having resources but somehow manufacturing some out of thin air, recalibrates your sense of your own resourcefulness, which in turn builds a level of confidence that should you be dropped off in the middle of the desert with only a matchbox and a magnifying glass, you will survive.

Related: Learn to Adapt In The Face of Adversity

Faith. A level of faith and a belief system that there is always a way to overcome a problem. This is true no matter how overwhelming the problem may be. The more you overcome impossible problems, the less you’ll believe in the existence of impossible problems.

So instead of worrying about who has privilege, who doesn’t, or what privilege actually is, use the lessons gifted to you when overcoming insurmountable obstacles to propel your business forward.

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