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Rachel Potter

Senior Associate | Johannesburg

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Contact

T: +27 11 669 9452

Overview

Rachel Potter has extensive experience in court-based litigation (Constitutional Court, Supreme Court of Appeal, High Courts and the Companies Tribunal), arbitration (both international and domestic) and mediation. She has advised and represented clients in disputes involving contract and company law, administrative and constitutional law, delict, mining law, auditor liability, artificial intelligence and technology, financial regulatory and insurance law, and consumer protection law.

Experience

Jurisdictions worked in: South Africa
Languages fluent in: English

Rachel’s areas of practice and specialisation include disputes and advisory work in respect of the following:

  • Artificial Intelligence and technology
  • The regulation and liability of auditors
  • Class actions
  • Contractual and delictual liability
  • Shareholder claims, director liability and other company law matters
  • Administrative and constitutional matters
  • Mining matters
  • Financial regulatory and insurance matters
  • Insolvency
  • Product liability and consumer protection law
  • Promotion of Access to Information (PAIA) matters

Rachel also has extensive experience of engagements on behalf of clients with regulators and enforcement agencies such as the Directorate for Priority Crime Investigation (Hawks), the Special Investigating Unit, the Commission of Inquiry into Allegations of State Capture, the Independent Regulatory Board for Auditors, and the Consumer Goods and Services Ombudsman.

Artificial Intelligence and Other Technology Risk Advisory, Litigation and Dispute Resolution

  • Advising clients on potential claims or disputes arising from AI decisions and other use of generative AI, including preparing generative AI risk mitigation and use policies for large corporates
  • Advising clients on the conclusion of licensing agreements with AI service providers and related risk mitigation
  • Defending and advising on claims involving harm caused by algorithmic decisions or AI generated content
  • Representing clients in IP (including copyright), breach of confidentiality and related disputes involving AI tools and training data

Registered Auditor and Chartered Accountant Regulation and Liability

  • Representing a large firm of registered auditors in contractual and delictual actions (including a R1 billion contractual claim brought by an auditing client, and various multi-million rand delictual claims brought by an auditing client’s creditors, former employees and investors), as well as administrative, reviews and constitutional matters, in the High Court, Supreme Court of Appeal and Constitutional Court
  • Advising a large firm of registered auditors during multiple regulatory investigations by professional bodies (including IRBA and SAICA)
  • Managing both litigation and reputational risks on behalf of a large firm of registered auditors

Class Actions

  • Representing a large mining company in a class action brought by coal mine workers

AREA OF EXPERTISE

Qualifications

  • BSocSci degree (cum laude), University of Cape Town.
  • LLB degree (magna cum laude), University of Cape Town.

INSIGHTS

Overview

Rachel Potter has extensive experience in court-based litigation (Constitutional Court, Supreme Court of Appeal, High Courts and the Companies Tribunal), arbitration (both international and domestic) and mediation. She has advised and represented clients in disputes involving contract and company law, administrative and constitutional law, delict, mining law, auditor liability, artificial intelligence and technology, financial regulatory and insurance law, and consumer protection law.

Experience

Jurisdictions worked in: South Africa
Languages fluent in: English

Rachel’s areas of practice and specialisation include disputes and advisory work in respect of the following:

  • Artificial Intelligence and technology
  • The regulation and liability of auditors
  • Class actions
  • Contractual and delictual liability
  • Shareholder claims, director liability and other company law matters
  • Administrative and constitutional matters
  • Mining matters
  • Financial regulatory and insurance matters
  • Insolvency
  • Product liability and consumer protection law
  • Promotion of Access to Information (PAIA) matters

Rachel also has extensive experience of engagements on behalf of clients with regulators and enforcement agencies such as the Directorate for Priority Crime Investigation (Hawks), the Special Investigating Unit, the Commission of Inquiry into Allegations of State Capture, the Independent Regulatory Board for Auditors, and the Consumer Goods and Services Ombudsman.

Artificial Intelligence and Other Technology Risk Advisory, Litigation and Dispute Resolution

  • Advising clients on potential claims or disputes arising from AI decisions and other use of generative AI, including preparing generative AI risk mitigation and use policies for large corporates
  • Advising clients on the conclusion of licensing agreements with AI service providers and related risk mitigation
  • Defending and advising on claims involving harm caused by algorithmic decisions or AI generated content
  • Representing clients in IP (including copyright), breach of confidentiality and related disputes involving AI tools and training data

Registered Auditor and Chartered Accountant Regulation and Liability

  • Representing a large firm of registered auditors in contractual and delictual actions (including a R1 billion contractual claim brought by an auditing client, and various multi-million rand delictual claims brought by an auditing client’s creditors, former employees and investors), as well as administrative, reviews and constitutional matters, in the High Court, Supreme Court of Appeal and Constitutional Court
  • Advising a large firm of registered auditors during multiple regulatory investigations by professional bodies (including IRBA and SAICA)
  • Managing both litigation and reputational risks on behalf of a large firm of registered auditors

Class Actions

  • Representing a large mining company in a class action brought by coal mine workers

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