Richard Marcus

Director

Richard Marcus is a Director in our Dispute Resolution practice as well as in the Corporate Debt, Turnaround & Restructuring sector. Richard has extensive experience in various aspects of corporate and commercial litigation, including urgent applications and arbitrations, including company and contract law disputes, insolvency and business rescue, and intellectual property.

Richard Marcus

About Richard

Richard began his career in 1988 as a Candidate Attorney. In 1992 he joined Findlay and Tait as an Associate and in 1995 moved to Syfret Godlonton-Fuller Moore, first as an Associate and thereafter as a Director. Richard became a Director of Cliffe Dekker (now Cliffe Dekker Hofmeyr) in 1998.

Areas of expertise

Experience

  • Representing liquidators and creditors in major insolvencies, including listed companies.

  • Resolution of shareholder, joint venture, company law and contractual disputes, with particular knowledge of the Companies Act.

  • Resolution of shareholder, joint venture, company law and contractual disputes, with particular knowledge of the Companies Act.

  • Active in the sphere of Business Rescue and Restructuring.

  • Representing international and local corporations in unlawful competition matters, including intellectual property disputes, and unlawful competition restraints.

  • Qualified Arbitrator and Mediator – Success in resolution of Disputes through Mediation

Recognition

  • The Legal 500 EMEA 2014 recommended Richard for dispute resolution.
  • International Client Choice Awards 2018 – Client Choice Restructuring – South Africa

Credentials

Education

  • BA LLB, University of Cape Town
  • LLM, Trinity Hall, Cambridge University (England)
  • Year of admission as an attorney: 1989

Memberships

  • SARIPA – South African Restructuring and Insolvency Practitioners
  • Accredited Mediator - Africa Centre For Dispute Settlement

LANGUAGES

  • English

News

When is oppression oppression?
Dispute Resolution

When is oppression oppression?

In the recent judgment of Technology Corporate Management (Pty) Ltd and Others v De Sousa and Another (613/2017) ZASCA 29 the Supreme Court of Appeal (SCA) analysed and developed the...

Webinar Recording | Expropriation Act 13 of 2024: Expropriation of land - where are we
Agriculture, Aquaculture & Fishing

Webinar Recording | Expropriation Act 13 of 2024: Expropriation of land - where are we

Our panel of experts hosted a webinar on the Expropriation Act 13 of 2024.

Non-compliance with court orders: When is late too late?
Dispute Resolution

Non-compliance with court orders: When is late too late?

In Economic Freedom Fighters and Others v The Chairperson of The Powers and Privileges Committee N.O and Others (23230/2023) Zawchc 16 (30 January 2024) the court had to determine...

Webinar Recording | Your land or mine?
Dispute Resolution

Webinar Recording | Your land or mine?

A review of the law and trends in relation to unlawful occupation, both rural and urban.

The shield of legal professional privilege
Dispute Resolution

The shield of legal professional privilege

Lawyers are often, and necessarily so, the repositories of their clients’ secrets, and there is good reason for this. The right to have one’s confidential communications with a lawyer...

Residuary powers of directors of companies in provisional liquidation
Dispute Resolution

Residuary powers of directors of companies in provisional liquidation

It is a principle of our law, as established in Attorney-General v Blumenthal 1961 (4) SA 313 (T) ( Blumenthal ), that directors are divested of their powers when a company is placed...

Crash landing: The rise and fall of Dudu Myeni

Crash landing: The rise and fall of Dudu Myeni

In a judgment delivered by the North Gauteng High Court last week, former non-executive chairperson of SAA, Dudu Myeni, was declared to be a delinquent director.

Compromise – dead duck or forgotten hero?
Corporate Debt, Turnaround & Restructuring

Compromise – dead duck or forgotten hero?

Many years ago, compromises were a “ hot ” way of restructuring companies in financial difficulties. This was particularly because of the tax benefits this procedure offered. Alas,...

Navigating Business Rescue, Restructuring & Insolvency during COVID-19 | Part 2
Corporate Debt, Turnaround & Restructuring

Navigating Business Rescue, Restructuring & Insolvency during COVID-19 | Part 2

Topics discussed included the impact of COVID-19 on South African economy, Directors’ liability when trading in financially distressed or insolvent circumstances, current legislative...

When business rescue works (and when it doesn’t)

When business rescue works (and when it doesn’t)

Because of the financial fallout of COVID-19 and the lockdown, Business Rescue is a hot topic.

COVID-19 - What the State is doing for you
Corporate Debt, Turnaround & Restructuring

COVID-19 - What the State is doing for you

Since the onset of COVID-19 (Coronavirus) restrictions, the State has been rolling out measures to alleviate the negative effects of these restrictions.

Mediation: A new rule

Mediation: A new rule

It is not often that one can report good news on improvements in legal procedure. Today we do so. With effect from 9 March 2020, new Rule 41A has been incorporated in the High Court...

The power of exemptions

The power of exemptions

A client of ours recently approached us with the following problem. Our client is a food manufacturer. It wished to hire factory premises having adequate electricity supply (notwithstanding Eskom...

Privatising taxation: The future of legal costs recovery

Privatising taxation: The future of legal costs recovery

Taxation is the process that is followed to assess costs usually paid by the losing party once the courts in civil litigation have handed down an order. Since costs in litigation can...

Striving for the balance of media freedom

Striving for the balance of media freedom

In our Alert of 30 November 2016 entitled ‘Reinforcing the Responsibility of Broadcast Media’ we considered the High Court ruling that sub-rule 3.9 of the Broadcasting Complaints Commission...

Reinforcing the responsibility of broadcast media

Reinforcing the responsibility of broadcast media

It is not often in practice that one can achieve success in a matter, as well as achieve a benefit for wider society. Very recently we have been able to do both.

Hard cases make good law: Business rescue 1 – 0 liquidation
Dispute Resolution

Hard cases make good law: Business rescue 1 – 0 liquidation

Sometimes different bits of legislation are, on the face of it, in conflict with each other. This is specially so when new law is introduced. The impact of new law on old law sets...

Lurking in the back of the Companies Act is a potentially devastating provision
Dispute Resolution

Lurking in the back of the Companies Act is a potentially devastating provision

Lurking in the back of the Companies Act, No 71 of 2008 (Act) is a potentially very devastating provision.

When is oppression oppression?
Dispute Resolution

When is oppression oppression?

In the recent judgment of Technology Corporate Management (Pty) Ltd and Others v De Sousa and Another (613/2017) ZASCA 29 the Supreme Court of Appeal (SCA) analysed and developed the...

Non-compliance with court orders: When is late too late?
Dispute Resolution

Non-compliance with court orders: When is late too late?

In Economic Freedom Fighters and Others v The Chairperson of The Powers and Privileges Committee N.O and Others (23230/2023) Zawchc 16 (30 January 2024) the court had to determine...

The shield of legal professional privilege
Dispute Resolution

The shield of legal professional privilege

Lawyers are often, and necessarily so, the repositories of their clients’ secrets, and there is good reason for this. The right to have one’s confidential communications with a lawyer...

Residuary powers of directors of companies in provisional liquidation
Dispute Resolution

Residuary powers of directors of companies in provisional liquidation

It is a principle of our law, as established in Attorney-General v Blumenthal 1961 (4) SA 313 (T) ( Blumenthal ), that directors are divested of their powers when a company is placed...

Crash landing: The rise and fall of Dudu Myeni

Crash landing: The rise and fall of Dudu Myeni

In a judgment delivered by the North Gauteng High Court last week, former non-executive chairperson of SAA, Dudu Myeni, was declared to be a delinquent director.

Compromise – dead duck or forgotten hero?
Corporate Debt, Turnaround & Restructuring

Compromise – dead duck or forgotten hero?

Many years ago, compromises were a “ hot ” way of restructuring companies in financial difficulties. This was particularly because of the tax benefits this procedure offered. Alas,...

When business rescue works (and when it doesn’t)

When business rescue works (and when it doesn’t)

Because of the financial fallout of COVID-19 and the lockdown, Business Rescue is a hot topic.

COVID-19 - What the State is doing for you
Corporate Debt, Turnaround & Restructuring

COVID-19 - What the State is doing for you

Since the onset of COVID-19 (Coronavirus) restrictions, the State has been rolling out measures to alleviate the negative effects of these restrictions.

Mediation: A new rule

Mediation: A new rule

It is not often that one can report good news on improvements in legal procedure. Today we do so. With effect from 9 March 2020, new Rule 41A has been incorporated in the High Court...

The power of exemptions

The power of exemptions

A client of ours recently approached us with the following problem. Our client is a food manufacturer. It wished to hire factory premises having adequate electricity supply (notwithstanding Eskom...

Privatising taxation: The future of legal costs recovery

Privatising taxation: The future of legal costs recovery

Taxation is the process that is followed to assess costs usually paid by the losing party once the courts in civil litigation have handed down an order. Since costs in litigation can...

Striving for the balance of media freedom

Striving for the balance of media freedom

In our Alert of 30 November 2016 entitled ‘Reinforcing the Responsibility of Broadcast Media’ we considered the High Court ruling that sub-rule 3.9 of the Broadcasting Complaints Commission...

Reinforcing the responsibility of broadcast media

Reinforcing the responsibility of broadcast media

It is not often in practice that one can achieve success in a matter, as well as achieve a benefit for wider society. Very recently we have been able to do both.

Hard cases make good law: Business rescue 1 – 0 liquidation
Dispute Resolution

Hard cases make good law: Business rescue 1 – 0 liquidation

Sometimes different bits of legislation are, on the face of it, in conflict with each other. This is specially so when new law is introduced. The impact of new law on old law sets...

Lurking in the back of the Companies Act is a potentially devastating provision
Dispute Resolution

Lurking in the back of the Companies Act is a potentially devastating provision

Lurking in the back of the Companies Act, No 71 of 2008 (Act) is a potentially very devastating provision.

From vision to fruition.