Panel Member In The Spotlight

DAVID JANKS

BA LLB (Wits)


Corporate Commercial Law and Healthcare Law
Admitted as attorney in 1980
Previously at Routledge Modise inc Eversheds (Director) and Clicks Group Limited, currently practices as a consultant at Bernadt Vukic Potash and Getz

David Janks has been practicing as an attorney since 1980. He practiced in Johannesburg until 2009, during which period he was a senior partner of Sloot Broido Attorneys, and subsequently a director of Routledge Modise Attorneys (“RM”).

While at Sloot Broido attorneys David practiced in the fields of commercial law, franchising set-up, music industry law, film industry law, commercial litigation, wills, tax and trusts, schemes of arrangement, liquidations, insolvency, mergers and acquisitions, capital gains tax, and specialised in year 2000 (Y2K) legal issues representing interests of multi-national companies.

While David was a director at RM he was involved with commercial and corporate transactions including mergers and acquisitions, capital gains tax, tax structuring for acquisitions and disposals, trusts and estate planning, including trust restructuring as head of the firm’s trusts department, liquidations, schemes of arrangements, insolvency and commercial, company and contract based litigation. He lectured on trusts and business entities and contracts at the RM law school. David was also head of the firm’s healthcare sector, responsible for establishing same and local and international healthcare sector marketing.

In 2009 David was appointed General Counsel of Clicks Group Limited. During his tenure there he acquired direct business experience in being involved with the running and operating of a major listed health and beauty group, and was involved inter alia with supplier contracts, negotiating and drafting international brand franchise and exclusive license agreements, divisionalisation and restructuring of the group structure of the listed company group, and numerous business acquisitions. David also interacted with the Department of Health and SA Pharmacy Council on major issues involving pharmacy licensing and ownership, wholesale pharmacy export rights, pharmacy license appeals, the complexities of ownership of a manufacturing pharmacy within a retail pharmacy group, aspects of corporate pharmacy in relation to independent pharmacy, the regulations relating to perverse incentives, and generally in regard to all issues relating to the Medicines Act and the Pharmacy Act. He was responsible for managing all commercial, litigation and corporate legal action from a legal perspective. David drafted and/or supervised commercial and operational agreements, advising on appropriate transaction structures and embedding within the business the standardisation of contracts. He was involved with managing group contractual issues, risks and corporate governance.

David joined Bernadt Vukic Potash & Getz as a consultant and Caveat Legal in 2016 and practices principally in the corporate and commercial area, which includes takeovers, mergers and acquisitions, corporate structuring, all aspects of the Companies Act in relation to listed and unlisted companies, the JSE Regulations, as well as trusts. He also specialises in healthcare law, with a particular focus on pharmaceutical law.

In 2015 David was selected for inclusion in Legal 500’s “Corporate Counsel Top 100: Africa”, which identified the 100 most influential and innovative corporate counsel working in Africa.

Major transactions in which David has been involved:

The preparation, negotiation and conclusion of international brand franchise/master license agreements, acquisitions of pharmacy groups, divisionalisation within a listed company structure, restructuring and unbundling in terms of sections 42, 45 and 46 of Income Tax Act, the negotiation and setting up of an American Depository Receipt (“ADR”) program, distribution contracts with international pharmaceutical manufacturers, private label pharmaceutical supply agreements, the successful conducting of an appeal for the right of pharmaceutical wholesalers to export, all aspects of implementation of the Companies Act 2008, coordinating group activities with King 3 and JSE listings requirements, planning for King 4, presenting an address on International Contracting and Liability Limitations to a conference for general counsel, corporate law advisors and company secretaries. David has been involved in significant schemes of arrangement, the preparations by a South African group for listing on NASDAQ in USA, the setting up and structure of the Nu-Metro Group, the legal aspects of establishing an international subsidiary within Interleisure/Ster-Kinekor, acquisitions and disposals of businesses and companies, restructuring and significant High Court and Appeal Court litigation matters.

Publications:

  • Published article on “The Law Relating to Negotiable Instruments” in Johannesburg Chamber of Commerce legal publication.
  • Published article on “Legal Implications of Y2K” in August 1998 edition of De Rebus (SA Attorneys’ journal).

 

Numerous articles written and published in “in house” publications including:

  • “A synopsis of Capital Gains Tax” (also published in Johannesburg Attorneys Association Volume of November 2001).”
  • “Recent developments in the law relating to reservation of ownership clauses in contracts.”
  • “Recent developments in employment law relating to dismissal of staff/unfair labour practices/retrenchment.”
  • “Recent developments in the law relating to parallel importation/trademarks and copyright, with particular reference to rights of grey importers.”
  • “Recent developments of the law in relation to suretyships.”
  • “Further developments in the law relating to parallel importation/sole agency rights/trademark and copyright infringement.”
  • “Effect of Matrimonial Property Act on suretyships entered into by spouses married in community of property.”
  • “Estate planning and the effective use of the revised estate duty primary abatement and capital gains tax issues.”
  • “Capital gains tax and issues relating to applying various valuations methods of ascertaining market value of assets.”
  • “Important issues concerning trusts, Close Corporations, PBO’S and tax, personal liability for unpaid PAYE and VAT, and estate planning tips.”
  • Chapter on trusts in publication in “Doing Business in South Africa.”
  • Chapter on trusts in publication “Financial Advisors Handbook 2008.”