Cliffe Dekker: - Accolades

Cliffe Dekker and 16 of the firm's lawyers have been ranked by their peers and clients as leaders in their respective fields in the 2008 edition of the Chambers Global Guide.

Chambers' rankings are based on extensive research into the strengths and reputations of lawyers conducted by Chambers and Partners, publishers of the renowned guides to the legal profession. The Chambers Global Guide is viewed by many as the definitive source of information for companies seeking lawyers to advise them.

The Firm: Clients sing the praises of this "exceptional" banking and finance team of 11 partners: "They are very sensitive to a company's business requirements, and always structure a deal in accordance with them." As well as offices in Johannesburg and Cape Town, the firm is a member of DLA Piper Group, which sources say "definitely gives the firm an edge." Notable expertise includes syndicated loan agreements, structured and acquisition finance, property and project finance and BEE transactions.

The Lawyers: The "remarkable" Joz Coetzer impresses sources with his technical knowledge and business acumen: "He places weight on developing strong client relationships and so is finely tuned to the needs and desires of the client." Hans Evenhuis attracts praise for his depth of knowledge, strong negotiating skills and commerciality: "He looks for solutions rather than just giving you the law verbatim." Clients identify the "brilliant" Craig Whitley as "diligent, commercial and practical." He was promoted to partner in 2006 and specialises in financing structures, securities and banking regulatory work. Deon Wilken is well regarded for his "high level of skill, quick turnaround time and commercial approach." He handles banking law, financial markets and securities law.

Clients/Work Highlights: The firm advised the lender in a USD15 million acquisition financing of a West African gold mine; and acted for the lender providing the ZAR1.63 billion financing of an equity stake by a BEE shareholder in Mototolo Platinum Group Metals, a joint venture between Xstrata and Anglo American. Other clients include South African Airways; Western Platinum; Barclays Bank; SABMiller and Nedbank.

The Firm: This "top-quality" corporate team is popular with clients because it has the "personal touch - these lawyers are very pleasant to work with." The 17-strong team offers consistently good advice and solid support on complex deals. "The lawyers' advice is succinct and their clients' interests are always of paramount importance," say satisfied customers. The firm has a strong commitment to BEE and also possesses mining expertise, as evinced by the number of mining-related transactions on which the team has recently advised. It has offices in Johannesburg and Cape Town, and is a member of the DLA Piper alliance, which continues to expand across the African continent.

The Lawyers: Chairman of the firm Chris Ewing has an excellent reputation in the market. According to sources, "he is very hands-on and gives sound, strategic advice." The "knowledgeable, reliable and charismatic" Ian Hayes heads up the corporate team and is one of the firm's mining experts. Based in the Cape Town office, David Thompson is noted for his work in the energy sector. Clients praise his knowledge and commercial awareness. Interviewees describe Willem Jacobs as "competent and responsive." Up- and-coming Emma Kingdon is making a positive impression on the market because "she always delivers high-quality work." Clients also value her knowledge of IT and e-commerce law. Interviewees rate the "young and enthusiastic" David Pinnock for his "professionalism and availability."

Clients/Work Highlights: The team advised the target on the ZAR3.5 billion acquisition of 51% of the issued share capital of Illovo Sugar by British Foods. It is also acting for Business Connection (BCX) on a scheme of arrangement suggested by Telkom, whereby BCX will become a subsidiary of Telkom; this ZAR4.6 billion deal is currently awaiting Competition Commission approval. Other clients include Harmony Gold Mining Company, Ellerine and Daniel Mills & Sons.

The Firm: Interviewees continue to view this as a strong competition outfit, despite Jean Meijer's recent departure to Bowman Gilfillan. The team numbers four partners and four associates, working out of offices in Johannesburg and Cape Town. The practitioners handle all issues relating to competition and antitrust and are described as "always on the ball, with an outstanding knowledge base." Cliffe Dekker is part of the ever-expanding DLA Piper network, which, according to interviewees, is an extra drawcard for clients and gives the firm an advantage when it comes to international transactions.

The Lawyers: Mondo Ntlha heads up the competition department and is applauded for her "amazing knowledge and detailed and informative manner." Before moving to Cliffe Dekker she was chief legal counsel and acting deputy commissioner at the Competition Commission. Newly appointed partner Natalie von Ey "knows the ins and outs of the law and delivers outstanding results." She handles merger clearance applications and has represented clients in anti-competitive complaints cases.

Clients/Work Highlights: The team successfully acted for Harmony Gold and DRDGOLD as complainants to the Competition Commission in case against Mittal Steel relating to excessive pricing matters. This was the first excessive pricing case brought under South Africa's Competition Act. The lawyers also acted on a competition case that saw MWEB lodge a complaint against Telkom for alleged abuse of dominant position, and represented Parmalat against allegations of price fixing and manipulation of trade conditions. Other clients include Absa Bank, Coca-Cola, Independent Newspapers and Lonmin.

The Firm: The disputes team at Cliffe Dekker handles commercial litigation, arbitration and ADR, and stands out for its "strong reputation and solidity," clients say. Recent mandates saw the team advise on third-party liability and professional indemnity matters. The department is made up of two partners and 14 associates, working out of offices in Johannesburg and Cape Town.

The Lawyers: Johannesburg-based Sam Oosthuizen "is not too litigious and has an excellent notion of what the client requires." His specialisms include banking law. Joint head of the firm's litigation department, Jonathan Witts-Hewinson is a skilled arbitrator, market sources agree. He also advises clients on insolvency and competition law.

Clients/Work Highlights: The team represented an international motor company in a dispute involving an assembly agreement with a third party. It also advised the subsidiary of a JSE-listed company on an action against its erstwhile directors alleging abuse of fiduciary obligations, amongst other matters.

The Firm: Cliffe Dekker recently boosted its profile in the tax market thanks to the arrival of two practitioners from KPMG. The team comprises two partners, two senior managers and four consultants who win the respect of clients for their "deep knowledge of the business environment, commitment to the client and quick turnaround times." The firm focuses primarily on consultancy advice, especially to clients in the financial services sector. The core tax practice is based in Cape Town, although the firm also has a strong presence in Johannesburg.

The Lawyers: Valued by clients for his "astute judgement," Patrick McGurk heads up the tax group at Cliffe Dekker, having recently arrived with his team from KPMG. Interviewees say: "He is extremely knowledgeable on theoretical and practical matters, and he is approachable, sensible and dependable."

Clients/Work Highlights: The team advised a client on employee share incentive schemes, acted for two South African companies in shareholder restructuring matters, and assisted a client in responding to SARS inquiries. The lawyers also advised an insurance company on an employee tax review that covered contracts, travel allowances and contractual arrangements with third parties. Other clients include Virgin Active; Tiber; BMW Financial Services; Mutual & Federal and EOH Consulting.

Finance and Banking
Cliffe Dekker is ranked as a Leading SA law firm in Capital Markets: Debt and Equity. Joz Coetzer is recognised as a ‘Leading lawyer’ in this field. PLC says Joz Coetzer has ‘a wealth of experience advising top international banks and companies on debt capital markets, securitisations and derivatives.’ Joz Coetzer is also recommended in Banking and Finance in which he has ‘vast experience in the area of finance (debt and equity), general banking (operational and regulatory) and financial services. He specialises in finance and security structures, which would include asset, project and infrastructure funding as well as general finance.’

Corporate / M&A
Cliffe Dekker’s Corporate / M&A practice is Highly Recommended. Chris Ewing is ‘highly recommended’ in this field as well as being recommended in private equity / venture capital and recognised in corporate governance.

Corporate Real Estate
Cliffe Dekker’s Corporate Real Estate practice is Highly Recommended. Hugh Jackson is ‘highly recommended’ in this field. PLC says that ‘although he advises on the whole range of real estate matters, he is well known for real estate finance. John Gomes is also recommended.

Labour & Employee Benefits
Cliffe Dekker is Highly Recommended. Tim Mills is recommended. PLC notes that he "Acts for corporate clients advising on all aspects of employment law such as mass and individual dismissals, policy issues and disciplinary procedures". Aadil Patel is recognised in this field. PLC says that he has "a strong practice covering employment litigation and advice, including misconduct and other general issues for public sector employers".

Competition / Anti-Trust
PLC Recommends Cliffe Dekker’s competition practice and the head of this practice, Mondo Ntlha: ‘A former deputy commissioner at the South African competition commission, she is building a solid private competition practice, with substantial experience of competition law in both the public and private sectors’.

Outsourcing
Cliffe Dekker is recommended in this field. Preeta Bhagattjee is also recommended. PLC notes that ‘with a customer-driven client base, her outsourcing practice tends to focus on the technology sector and IT, facilities and logistics outsourcing transactions.’

Private Equity / Venture Capital
Cliffe Dekker is recommended in this field. Chris Ewing is also recommended. PLC notes that he has ‘extensive transactional experience.’

Tax
Cliffe Dekker’s Tax practice is recommended and so is Patrick McGurk, head of the Tax practice: ‘Well-respected tax expert advising on all areas of corporate tax with extensive experience in the insurance industry.’

IFLR1000 respondents decided that Cliffe Dekker's deal flow meant it just missed out on top-tier placing in the M&A ratings this year. However, the same commentators remained adamant that Cliffe Dekker is one to watch, describing it as "a great firm that is increasingly involved in M&A work, with some really great lawyers."

The IFLR1000 comments that: "Standout deals over the past 12 months saw the practice advise Harmony on its acquisition of a stake in Western Areas Gold Mine. Waco also required the expertise of the practice when it purchased shares in CCMP Asia for $5.4billion. Cliffe Dekker gained further significant mandates to act on Daniel Mills & Sons' sale of Anchor Yeast, and on the Southern Platinum Corporation's $226 million acquisition of Messina."

The firm is recommended in the second tier for its Capital Markets practice; and it is recommended in Banking and Project Finance. Joz Coetzer and Deon Wilken are named as Leading Lawyers in both practice areas, with David Thompson also named as a Key Contact Partner.

Corporate and M&A - Johannesburg - Tier 1
Ian Hayes' team at Cliffe Dekker advised Ellerine Holdings on a scheme of arrangement proposed by African Bank Investments and acted for Anooraq Resources Corporation on a BEE transaction with Anglo Platinum, which involves Anooraq Resources taking a 51% stake in Lebowa Platinum Mines and an additional 1% of Ga-Phasha Development Project. In February, the team will further enhance its mining and M&A expertise with the recruitment of Allan Reid.

Dispute Resolution - Tier 1
From senior to junior, the lawyers at Cliffe Dekker come strongly recommended, with Jonathan Witts-Hewinson receiving particularly strong praise and Sam Oosthuizen standing out due to his impressive aviation litigation practice. The group represented a motor company in a dispute regarding an assembly agreement with a third party and is pursuing action against former directors on behalf of a JSE-listed corporation.

Banking & Finance - Tier 2
Cliffe Dekker continued to build its banking and finance practice with the additions of acquisition finance specialist Jackie Pennington from Tugendhaft Wapnick Banchetti & Partners and project finance expert Deon Govender. Leading expert Joz Coetzer heads the group, which acts for all the major South African banks, as well as international banks such as HSBC. Recent work included advising a South African bank on a R6bn domestic MTN programme and advising the Development Bank of South Africa on the establishment of a BEE finance and capacity building product for PPPs.

Corporate and M&A - Cape Town - Tier 2
Ask those in the know who the top five corporate lawyers in Cape Town are and one of the most common names you'll hear is David Thompson, who heads the local corporate division of Cliffe Dekker . The team advised Isthimar, a Dubai World company, on its joint acquisition of the linked units in V&A Waterfront Holdings and some associated pension funds; the largest single property transaction ever concluded in South Africa.

Labour & Employment - Tier 2
Cliffe Dekker's employment clients include CHC Chemicals and South African Airways. Between the Johannesburg and Cape Town groups, the firm offers the full range of employment advice.

Fiona Leppan, formerly of Leppan Beech, is named as a 'respected employment specialist'.

Mining - Tier 2
Cliffe Dekker focuses on M&A work in the mining sector, acting for clients such as Petman and GVM Metals. The group advised Pamodzi Resources Fund on a number of empowerment transactions, including advising on Pamodzi Gold's R850m acquisition of Harmony's Orkney mine and its R240m purchase of the President Steyn Goldmine. Ian Hayes, Willem Jacobs and Chris Ewing all have respectable mining M&A track records.

Intellectual Property - Tier 3
Eben van Wyk took over as head of Cliffe Dekker's IP department after Lutricia Roos became a consultant. The group acts for Acsis, iTouch and Amstel, and recently advised Heineken on a dispute over a World Cup advertisement.

Through an exhaustive research process, the following individuals have been selected as pre-eminent practitioners in their respective fields of law: Chris Ewing (Private Equity; and Mergers & Acquisitions); Willem Jacobs (Private Equity); Sam Oosthuizen (Litigation); Jonathan Witts-Hewinson (Litigation).

Cliffe Dekker is nominated as one of the leading South African law firms: "Cliffe Dekker, the South African member firm of the DLA Piper Group, a law firm alliance, enters the rankings for the first time this year, recommended by peers for its strong tax services." Patrick McGurk is mentioned for his solid work in capital markets and financial products.

The International Who's Who of Mergers & Acquisitions Lawyers 2007 and
The International Who's Who of Business Lawyers 2007

Chris Ewing is nominated among the world's pre-eminent M&A lawyers in both publications.

Thirteen Cliffe Dekker lawyers from the firm have been recognised in the inaugural South Africa edition by Best Lawyers International for distinguished work in their practice areas. The firm's Litigation, Media and Real Estate practices were ranked #1 in South Africa. The Tax and Private Equity practices were ranked #1 in Cape Town and Johannesburg respectively.

Lawyers named in Best Lawyers are selected by their peers. The first edition of Best Lawyers: South Africa involved over 7,000 confidential evaluations, by telephone and e-mail, from South Africa's top attorneys.

Inclusion in Best Lawyers, which has been published in the U.S. for more than 25 years, is regarded as the highest form of professional accolade.

Selected by their peers to be included in the inaugural edition of Best Lawyers^®: South Africa are -

Ranked # 1 in South Africa in Litigation with 2 attorneys.
Ranked # 1 in South Africa in Media with 1 attorney.
Ranked # 1 in South Africa in Real Estate with 3 attorneys.
Ranked # 1 in Cape Town in Real Estate with 1 attorney.
Ranked # 1 in Cape Town in Tax with 1 attorney.
Ranked # 1 in Johannesburg in Litigation with 2 attorneys.
Ranked # 1 in Johannesburg in Media with 1 attorney.
Ranked # 1 in Johannesburg in Private Equity with 1 attorney.
Ranked # 1 in Johannesburg in Real Estate with 2 attorneys.

Accolades

International Legal Directories