ERIC LEVENSTEIN

Director, Head of Insolvency, Business Rescue & Restructuring practice

Bio:

Eric Levenstein has been a director of Werksmans Attorneys since 1993 and is currently the head of the firm’s Insolvency, Business Rescue & Restructuring practice. He specialises in litigation and dispute resolution with a particular focus on banking and finance, forensics and intellectual property in addition to business rescue, insolvency and restructuring. His expertise extends to consumer protection and director liability issues. He regularly delivers seminars and writes for various publications on these topics among others. He is a member of the association of Insolvency Practitioners of South Africa (AIPSA) and of INSOL, a worldwide group of insolvency practitioners and attorneys. He is named as a recommended lawyer in restructuring and insolvency by PLC Which Lawyer and has BCom and LLB degrees, Higher Diplomas in Company Law and Tax, a Diploma in Insolvency Law and a Doctorate of Laws in Business Rescue.

More about: Eric Levenstein
Litigation & Dispute Resolution:
  • Insolvency, Business Rescue & Restructuring
  • Dispute Resolution
  • Intellectual Property
  • Technology
  • Represented a large group of foreign creditors (Noteholders) in the business rescue proceedings of Southgold Exploration (Pty) Limited
  • Advised a consortium of international lenders (UK) in connection with finance and restructuring advice of Lonmin (mining) and Edcon (retail)
  • Advised on the insolvency of Nortel Networks (UK) in respect of its South African subsidiary
  • Advised Nedbank, a major creditor of Stuttafords (retail) in the course of its business rescue proceedings
  • Advising Directors, Shareholders, Creditors and Business Rescue Practitioners on their rights in Business Rescue proceedings
  • Advising foreign and local clients in respect of the effect that the Business Rescue legislation will have on securities held by such clients in companies filing for Business Rescue proceedings
  •   Represented a major foreign conglomerate in the IT Industry in respect of major litigation in the South African Court
  • Represented various shareholders and directors in respect of disputes involving corporate governance and liability issues
  • Advising numerous clients as to the impact of the insolvent trading provisions of the new Companies Act on the personal liability of directors
  • BCom (University of KwaZulu Natal)
  • LLB ( University of the Witwatersrand)
  • Higher Diploma in Company Law (University of the Witwatersrand)
  • Higher Diploma in Tax ( University of the Witwatersrand)
  • Diploma in Insolvency Law (University of Johannesburg)
  • LLD - Doctorate of Laws (University of Pretoria)
  • 1993: Director, Werksmans
  • Head of the Insolvency, Business Rescue & Restructuring Practice Area
  • National Board member of The South African Restructuring and Insolvency Practitioners Association (SARIPA)
  • Member of SARIPA's Restructuring & Business Rescue and Government Liaison Committees
  • Appointed Chairman of the INSOL Small Practice Issues Committee (June 2017 - June 2019)
  • Member of the following:
    • INSOL International – a worldwide group of Insolvency Practitioners (INSOL). Eric has been appointed Chairman of the INSOL Small Practice Membership Issues Committee. The appointment is for a period of two years and which will be for the period June 2017 to June 2019. The committee is a working group of lawyers, accountants and insolvency practitioners with a focus on cutting edge issues involving insolvency, rescue and liquidation issues affecting insolvency issues worldwide.
    • Recognised in international rating publications as a:
      • leading lawyer in Restructuring / Insolvency by Chambers Global: The World's Leading Lawyers for Business (2017 / 2018 – Band 1)
      • leading insolvency and restructuring lawyer by Who's Who Legal – Insolvency and Restructuring (2014, 2016, 2017 and 2018)
      • highly recommended lawyer in Dispute Resolution (Business Rescue) by the Legal500 (2012 – 2018)
      • recommended lawyer in restructuring and insolvency by PLC Which Lawyer (2013)
  • Has given numerous presentations on insolvency, business rescue and directors liability
  • Regular contributor to the media on the effect of Business Rescue on companies and creditors, insolvency and directors' liability
  • Author of South African Business Rescue Procedure (published in October 2017 by Lexis Nexis).