Jump to content

Bowmans (law firm)

From Wikipedia, the free encyclopedia

This is an old revision of this page, as edited by 93.186.22.112 (talk) at 09:01, 9 June 2013 (Bowman Gilfillan Africa Group (BGAG)). The present address (URL) is a permanent link to this revision, which may differ significantly from the current revision.

Bowman Gilfillan
Bowman Gilfillan
HeadquartersJohannesburg, South Africa
No. of offices4
No. of attorneys307+[1]
No. of employees554+[2]
Major practice areasBanking and Finance

Capital Markets and Securities

Competition

Corporate and Commercial

Employment

Litigation

Mergers and Acquisitions

Mining, Resources, Energy and Environment

Oil and Gas

Real Estate and Conveyancing

Tax
Key peopleJonathan Schlosberg (Chairman)
Date founded1885
FounderDouglas Flemmer Gilfillan, Richard Bowman
Company typePersonal liability company
Websitewww.bowman.co.za

Bowman Gilfillan Inc is one of Africa’s premier corporate law firms, employing over 300 specialised lawyers and a total staff of some 550. The firm, recognised for professional legal services of the highest calibre, draws on a unique knowledge of the African business environment, and in-depth understanding of the socio-political climate, to advise clients on a wide range of technical legal issues. It is one of the "Big Five" law firms in South Africa.

Bowman Gilfillan Africa Group (BGAG)

Bowman Gilfillan Africa Group[1] is a pan-African legal services group providing top end, integrated legal advice to businesses, financial institutions and governments operating throughout Africa. Focusing on corporate, commercial and financial law, the Bowman Gilfillan Africa Group facilitates cross-border legal services of the highest global standards in Africa.

The Group has 350 lawyers in offices in Cape Town, Dar es Salaam, Johannesburg, Kampala and Nairobi. Udo Udoma & Bela-Osagie, the Group’s relationship law firm in Nigeria, has offices in Lagos, Abuja and Port Harcourt. Strong relationships with law firms across the rest of Africa enable the Bowman Gilfillan Africa Group to provide the advice clients require in any African country, whether on a single country or a multi-jurisdictional basis.

Bowman Gilfillan Africa Group also works closely with law firms in worldwide. Global reach, together with strong regional partners, creates a unique pan-African legal services group that can provide seamless professional services to multinational and local clients.

Coulson Harney - (Nairobi Office)

Coulson Harney assists clients in efficiently achieving their objectives while minimising legal and regulatory risks, both within Kenya and further afield, through the provision of high-quality legal advice at the local level, and at a cross-border advisory and transaction management level.

Coulson Harney was founded in 2008 and is currently one of Kenya’s largest corporate law firms with a staff of over 25 lawyers. Clients include companies operating in most economic sectors, government and non-governmental organisations and private individuals. The firm has worked on projects in Tanzania, Uganda, Ethiopia, Rwanda, Zambia, Ivory Coast, Ghana and Cameroon.

In the Chambers and Partners ranking of law firms and lawyers, Chambers Global 2013, Coulson Harney moved into the top tier of Kenyan laws firms in the corporate and commercial practice area. “Coulson Harney moves into the top tier having received excellent feedback for its standout M&A and private equity work. Energy and natural resources work is a growth area, and of late the team has acted for banks and developers in mining financings. The firm is part of the Bowman Gilfillan Africa Group, and frequently assists clients with multi-jurisdictional work across the continent,” said Chambers.

East African Law Chambers - (Dar es salaam Office)

East African Law Chambers (EALC) is a medium-sized firm providing legal services in Tanzania and through a network in the East African region.

Led by young and vibrant team of advocates, East African Law Chambers has attracted clients from all sectors and industries, not only working in Tanzania but also in Kenya, Uganda and Zambia, among other African countries.

AF Mpanga - (Kampala Office)

Founded in October 2003 in Uganda, AF Mpanga Advocates has established itself as a leader in corporate and commercial transactional advice, banking and project finance, mergers and acquisitions, civil and criminal litigation, real estate and intellectual property.

The firm offers services to a range of corporate clients, including top tier local and international financial institutions, private equity funds, manufacturers and industrialists, oil companies, investors, media houses, non-governmental organisations. Clients include high net worth individuals.

As a member of the Bowman Gilfillan Africa Group, AF Mpanga has links with law firms in South Sudan and Rwanda. This reach creates a unique Ugandan law firm that can provide seamless professional services to multinational and local firms.

In The Chambers and Partners ranking of law firms and lawyers, Chambers Global 2013, AF Mpanga was ranked in Band 1 in the practice area of general business law in Uganda. “This highly regarded team is engaged in some of the largest M&A transactions in Uganda. Areas of expertise include insurance, banking and finance, litigation and real estate, and the firm is also taking on an increasing amount of energy work, in line with sector growth. In March 2012 the firm became a member of the Bowman Gilfillan Africa Group, heightening its access to regional work,” said Chambers.

Bowman Gilfillan’s main practice areas

  • Banking and Finance
Finance
Project Finance and Infrastructure
Debt Capital Markets
Investment management
Derivatives and structured finance
Islamic Finance
Banking and Finance litigation
Banking and finance tax
  • Bankruptcy, Insolvency and Restructuring
  • Bankruptcy, Insolvency and Restructuring Dispute Resolution
  • Benefits (pensions, medical and incentive schemes)
  • Capital Markets and Securities
  • Commercial Property
  • Competition
  • Construction
  • Corporate and Commercial
  • Dispute Resolution
  • Employment
  • Energy
  • Environmental, Natural Resources and Climate Change
  • Financial Services and Investment Management
  • Forensics and White Collar Crime
  • Healthcare and Pharmaceutical
  • Litigation and Alternative Dispute Resolution
  • Maritime and Transport
  • Mergers and Acquisitions
  • Mining, Resources, Energy and Environment
  • Oil and Gas
  • Private Equity
  • Project Finance, Infrastructure Development and Public Private Partnerships
  • Public and Regulatory
  • Real Estate and Conveyancing
  • Social Media Law
  • Tax
  • Technology, Media and Telecommunications

Some recent deals

Bowman Gilfillan advises Oryx Energies on South African LPG business acquisition

2 April 2013. Bowman Gilfillan advised on the South African leg of a major international transaction that will see Oryx Energies acquire liquefied petroleum gas (LPG) distribution businesses in South Africa from BP and Masana Petroleum Solutions. Bowman Gilfillan worked with Oryx's French legal advisers, Gide Loyrette Nouel, on the deal, which is expected to be completed during the third quarter of 2013 - subject to completion of legal and regulatory approvals.

Jonathan Lang[2], head of Bowman Gilfillan Africa Group, commented: “The transaction follows BP’s global announcement last year that it intended to sell LPG businesses in several countries, including South Africa. That Bowman Gilfillan was selected to advise on the South African leg of this transaction with Oryx Energies is testimony to the Group’s ability to facilitate cross-border legal services of the highest standards.”

Bowman Gilfillan advises Letshego Holdings on JSE secured notes listing, a first for South Africa

22 February 2013. Bowman Gilfillan acted as South African legal advisers to Letshego Holdings Limited, as issuer, and RenCap Securities, as arranger and dealer, in connection with the amendment and restatement of Letshego Holdings ZAR2.5 billion and BWP2.5 billion medium term note programme and the dual listing on the interest rate market of the Johannesburg Stock Exchange (JSE) and the Botswana Stock Exchange (BSE) on 29 November 2012.

The transaction also involved the issue of ZAR281 million senior secured floating rate notes due 15 December 2015; the issue of ZAR194 million senior secured fixed rate notes due 15 December 2015; and, the issue of ZAR225 million senior secured floating rate notes due 15 December 2016 on 13 December 2013.

Bowman Gilfillan partner and head of debt capital markets, Casper van Heerden commented: “This transaction was the first of its kind for an African Corporate with JSE inward listed notes issued under a dual listed programme on the JSE and BSE secured by means of Botswana and Namibian security.”

Urgent court application results in recognition in South Africa of US bankruptcy law

15 January 2013. A court order granted late last year in response to an urgent application from corporate lawyers Bowman Gilfillan, acting on behalf of Overseas Shipholding Group, created new law in South Africa relating to cross-border insolvency cases.

Claire van Zuylen, a partner at Bowman Gilfillan, explained that Overseas Shipholding Group (OSG), listed on the New York Stock Exchange, is one of the world’s largest oil tanker operating companies with over 118 vessels and assets of $4.15 billion.

“On 14 November 2012, OSG and its subsidiaries went into bankruptcy in the USA under chapter 11 of the US Bankruptcy Code. OSG was however concerned that its vessels, which often passed into South African territorial waters and ports could be arrested by local or foreign creditors, particularly on a “sister ship” basis. We acted for OSG and its 180 subsidiaries in an urgent court application, granted on 7 December 2012,” she explained.

Bowman Gilfillan’s application was to recognise the US bankruptcy in South Africa, and to apply with full effect the automatic stay provided for in section 362 of the US Bankruptcy Code in relation to OSG and its subsidiaries and assets. The firm also applied for a stay in South Africa against the commencement or continuation of judicial, administrative or other action or proceeding against OSG.

The order made new law in South Africa. Previously our courts have, on a cross-border insolvency basis, only been prepared to recognise foreign liquidators or administrators and to give them certain powers in South Africa.

Bowman Gilfillan assists Namibian government to access South African debt capital markets

10 December 2012. The Government of the Republic of Namibia paved the way for other African countries to access South African capital markets when it became the first sovereign, other than the Government of the Republic of South Africa, to issue rand denominated bonds on the Johannesburg Stock Exchange Limited (JSE) last month.

Bowman Gilfillan, a member of Bowman Gilfillan Africa Group, advised the Government of the Republic of Namibia and the mandated lead arrangers in connection with the precedent setting establishment of the Republic of Namibia R3 billion Medium Term Note Programme on the interest rate market of the JSE on 2 November 2012, and the inaugural issue of R850 million of Senior Unsecured 8.26% Fixed Rate Notes due 19 November 2022.

Jonathan Lang, head of Bowman Gilfillan Africa Group, commented: “The transaction has been described as pioneering as African sovereigns have begun to access South African capital markets on the JSE. The deal is expected to encourage other African nations to sell rand denominated bonds, contributing to resource mobilisation efforts across the continent.”

Bowman Gilfillan Africa Group advises PPC on groundbreaking transaction in Zimbabwe

30 November 2012. Bowman Gilfillan acted for Pretoria Portland Cement (PPC) on its recent Zimbabwean indigenisation transaction. Listed on the Johannesburg Stock Exchange (JSE) and Zimbabwe Stock Exchange (ZSE), PPC is the largest cement company in Zimbabwe.

PPC’s indigenisation transaction will result in 29.6% of Portland Holdings Limited’s (a wholly owned subsidiary of PPC incorporating all of PPC’s operations in Zimbabwe) total issued share capital being held by Zimbabweans. Multinational companies operating in Zimbabwe are required to comply with Zimbabwe’s indigenisation laws by 2015.

Charles Douglas, the partner in Bowman Gilfillan's mergers and acquisitions department who led the team on this transaction, commented: “The transaction was to assist PPC in complying with the indigenisation legislation in Zimbabwe and has resulted in Portland Holdings Limited being awarded an indigenisation certificate by the government of Zimbabwe.”

Awards

Chambers Global 2013

Bowman Gilfillan achieving outstanding results in the latest Chambers and Partners ranking of law firms and lawyers, Chambers Global 2013. The Chambers awards recognise outstanding law firms and legal professionals around the world, reflecting pre-eminence in key practice areas, and achievements, including notable work, strategic growth, client service, and contribution to the legal profession. In total 26 of our lawyers were ranked, with Bowman Gilfillan was ranked in Band 1 in the following practice areas:

Banking & Finance
Bowman Gilfillan is described as a broad-based practice that acts for a variety of local and international blue-chip names, and is well known for its work on complex transactions. “In practice highlights, the team has acted for clients on high-value acquisition financings, property financings and debt restructurings. Notable matters include substantial acquisition financings to support deals in the food and hardware industries, and advising prestigious multinational clients on their local registrations.”

Capital Markets
The firm received “high praise for both its debt and equity capital markets expertise, advising big-ticket clients on a broad range of matters. The team has an excellent reputation for its domestic medium-term note practice, and advises a number of major financial institutions on their related activities, while derivatives work is a further strength.”

Competition
“This team is well known for its deep bench of talented experts. Its workload spans merger filings, complaints and Commission investigations, including both domestic and cross-border competition cases. One of the leading competition practices in the country."

Construction
According to Chambers, Bowman Gilfillan “is widely considered to have one of the best construction practices in the country. Sources have high praise for its depth of knowledge and quality of client service. Its impressive client base includes energy, cement manufacture and mining companies.”

Corporate/M&A
“This firm's heavyweight reputation for corporate work continues to bring in impressive international and domestic mandates across a range of industries including mining and financial services” said Chambers of the Bowman Gilfillan team.

IT & Telecommunications
“This three-partner TMT practice has a wide range of sector experience, and represents a regulatory body as well as numerous operators. The team boats several standout mandates and has acted on regional developments, co-ordinating legal counsel across several African jurisdictions.”

Projects & Energy
Bowman Gilfillan has a long-standing reputation as one of the most sought-after projects and energy specialists in South Africa. The team also maintains a thriving oil and gas practice, which represents South African and international names in upstream transactions and applications for production rights.

The Legal 500

Founded in 1987, UK-based Legalease is a leader in the provision of legal market information. Its Legal 500 series of guides reviews the strengths and strategies of law firms, providing research and rankings to enable clients to identify the best firm for their requirements. The Legal 500 Europe, Middle East & Africa 2013 is an in-depth analysis of law firms in 63 jurisdictions.

Bowman Gilfillan ranked as a first tier firm in seven categories:

Banking and finance
“Bowman Gilfillan has one of the market’s largest and most successful banking practices. The firm has a leading position in leveraged and acquisition financing transactions as well as debt restructuring and refinancings, and is also rapidly developing its real estate finance expertise. Highlights for the practice included advising AfriSam on its R25bn debt restructuring and refinancing as well as acting for senior lenders on the R5.8bn financing of Actom Proprietary’s acquisition of Savcio Holdings. Other clients include domestic banks and international investment banks.”

Competition
“Bowman Gilfillan’s large team has extensive experience in merger control and litigation, and recently has been involved in major cartel investigations. It advised Kansai Paint on the merger control aspects of its takeover bid for Freeworld Coatings.”

Corporate and M&A
“Despite a general market slowdown in transactions, Bowman Gilfillan worked on a number of headline deals. It acted for Minmetals Resources on its R10.5bn acquisition of Canada’s Anvil Mining. It also advised Shanduka and shareholders on the sale of a 25% stake to China Investment Corporation.”

Dispute resolution
“Bowman Gilfillan’s large, multi-talented department is ‘excellent’ and ‘outstanding’, and has particular strength in healthcare, construction and infrastructure disputes as well as insolvency and administrative law matters.”

Labour and employment
“The ‘fabulous’ Bowman Gilfillan is commended for its ‘strategic thinking’, ‘industry knowledge’ and ‘going the extra mile’ for clients. It has substantial experience in representing clients in the higher education, food and beverages, hospitality, retail, transport, and banking sectors. The practice has been closely involved with advising on strike actions, and represented Pick n Pay Retailers in a major restructuring and unfair dismissal cases. It also advises on executive dismissals, most notably for public sector clients, and employee benefits.”

Projects and infrastructure
Bowman Gilfillan reinforced its project finance credentials with the arrival of new members to the team which includes practitioners skilled in the renewable energy and independent power project sectors. The firm also worked on infrastructure matters, including the Gautrain rapid rail link project, as well as mining, natural resources and energy project financing transactions.

Individual Awards

Ezra Davids

Ezra Davids[3] is the head of the corporate and mergers and acquisitions (M&A) department at Bowman Gilfillan, specialising in mergers and acquisitions, capital markets and securities law.

Since 1996 Who's Who Legal has identified the foremost legal practitioners in 32 areas of business law. This year, in the International Who’s Who of Mergers & Acquisitions Lawyers 2013 category, Who's Who Legal commented: “Ezra Davids is regarded as one of the top 10 Mergers & Acquisitions lawyers globally. Ezra is the only lawyer from Africa on this list and according to Who’s Who respondents praise his sophisticated understanding of complex issues.”

Some of the most recent transactions in which Ezra acted as lead partner include acting as South African counsel to Bharti in its then proposed merger with MTN ($24 billion); advising Verizon Communications in its disposal of its subsidiary, Verizon Business (SA); acting as South African Counsel to M1 and Investcom in the latter’s acquisition by MTN (US$5.5 billion); advising Barrick Gold Corporation in its disposal of Barrick Gold SA (US$1.55 billion) and for Goldman Sachs and Citigroup in the disposal by Polyus (Norilisk) of its entire shareholding in Gold Fields Limited (US$2.02 billion); for SABMiller in the US$1 billion BEE transaction for its South African subsidiary; for Old Mutual Plc in the aborted negotiations related to the acquisition by HSBC control of Nedbank Limited; for Tokyo Stock Exchange listed Kansai Paint Co. Ltd. in its successful hostile bid for JSE listed Freeworld Coatings Limited (R3.3 billion); and as South African counsel for PPR in the disposal of its furniture and household goods business, Conforama, to JSE-listed Steinhoff International Holdings Limited (R12 billion).

Ezra is the chairman of the Faculty Advisory Board of the Law School of the University of Cape Town.

He is also a member of the board of trustees of the Legal Resources Trust, a director of Freedom Under Law and a patron of the Student Sponsorship Programme that enables academically talented, low income students to excel in South Africa’s best high schools.

He is also the former chairman of the M&A subcommittee of the business organisations committee of the International Bar Association and is the vice-chair, Africa Regional Forum of the International Bar Association.

John Brand

Where individual awards are concerned, Bowman Gilfillan attorney John Brand and UK-based dispute resolution practitioner Felicity Steadman were recognised for their mediation training at the biennial Centre for Effective Dispute Resolution (CEDR) Awards for excellence. The awards, announced at a ceremony in London in November last year, were attended by representatives from the alternative dispute resolution (ADR) and legal communities.

The Centre for Effective Dispute Resolution (CEDR) is an independent, non-profit organisation with a mission to cut the cost of conflict and create choice and capability in dispute prevention and resolution. It sets the standard for dispute resolution and conflict management with leading mediation, consultancy and training services.

In the ADR Trainer category of the awards, John Brand and Felicity Steadman were recognised for their work with the African Centre for Dispute Settlement and Conflict Dynamics in the training of over 160 accredited commercial mediators in South Africa.

John Brand, an attorney of the High Court of South Africa, is a member of the advisory board of the African Centre for Dispute Settlement and is a member of the executive committee of the Dispute Settlement Accreditation Council. He also serves as a member on the International Mediation Institute's (IMI) Independent Standards Commission.

He co-designed the conciliation and arbitration induction training for the South African Commission for Conciliation Mediation and Arbitration (CCMA) and has trained many of South Africa’s employment and commercial mediators and arbitrators over the past 15 years. Brand was a member of the International Labour Organisation’s (ILO) team of international experts appointed to design mediation training for developing countries.

Felicity Steadman is a full time dispute resolution practitioner and trainer from South Africa. She is based in the UK and works as a mediator trainer and as a mediator. Steadman is a founding member of Oxford Mediation and has worked extensively with the ILO, designing training materials and training conciliators and mediators in developing countries.

Brand and Steadman have worked together since the late 1980's, and co-wrote conciliator and mediator training materials for the ILO and have trained conciliators and mediators in many developing countries.

By 2007, Brand and Steadman recognised that while mediation was a well established dispute resolution process in the labour field in South Africa it had yet to be established in the commercial sphere, a situation increasingly at odds with the trend elsewhere in the world. They also recognised that if mediation was to be embraced by parties to commercial disputes, it was crucial that mediators were well trained and accredited.

In 2007 they approached CEDR to involve it in the training of commercial mediators in South Africa. By 2010 Brand and Steadman had developed an indigenous commercial mediator skills training course which was endorsed by CEDR, and a competency framework to use in coaching mediators. Together with their colleague Chris Todd, Brand and Steadman recently published a book on commercial mediation in South Africa.

Pro bono

Lawyers working in the Johannesburg and Cape Town offices of Bowman Gilfillan Inc delivered R13.7 million in pro bono work for worthy causes during the financial year to end February 2013.

Lawyers in the group clocked just over 7 890 hours of pro bono work, with the average number of hours for each lawyer being 24.4. According to Fatima Laher, Pro Bono Manager at Bowman Gilfillan: “This is a wonderful achievement on the part of our lawyers and support staff.

“We work towards building strong stakeholder relationships with the non-profit sector in order to source deserving pro bono work. We have also formed partnerships with different organisations.”

“Our firm is fully committed to pro bono work, and our policy in this regard encourages every lawyer in our firm to do pro bono work. My role is to coordinate Bowman Gilfillan’s pro bono work and to assist with identifying deserving causes to benefit from our pro bono programme.”

Pro bono clinics are an important way for Bowman Gilfillan to expose the maximum number of lawyers to pro bono work and to ensure that all lawyers can access pro bono work that appeals to their area of interest in justice and human rights.

At the clinics clients are seen and advised of their rights. Where possible, steps are taken to resolve problems immediately. With more complex matters, files are opened for the client at the firm and the client is assisted on a pro bono basis. In terms of this programme, Bowman Gilfillan offers pro bono services to refugees by servicing the Refugee Clinic which is coordinated and hosted by ProBono.Org, the firm’s partner in the delivery of services.

Bowman Gilfillan offers pro bono services to individuals with their housing problems by servicing the Housing Clinic which is also coordinated and hosted by ProBono.Org.[4] In addition, lawyers offer their pro bono services to labour law clients through another clinic held at the Labour Court in Braamfontein.

Notable alumni

  1. Sisi Khampepe - Constitutional Court judge
  2. Patrice Motsepe - billionaire mining magnate
  3. Kate O'Regan - Constitutional Court judge
  4. Simpiwe Tshabalala - CEO of Standard Bank

References

  1. ^ http://www.bowman.co.za/ Who are we Retrieved 31 December 2010
  2. ^ http://www.bowman.co.za/ Who are we Retrieved 31 December 2010