At GMO LEGAL, we recognize that litigation, as a tool of protecting and enforcing the client’s interest must be the last option. At the earliest opportunity, we will where possible seek to explore other settlement options towards an acceptable resolution of the dispute. Where this is not possible, our litigators are fully committed to providing a robust, vigorous and effective representation of our clients’ positions. We possess the resources, capacity, experience and expertise to pursue and defend complex claims in all the trial and appellate courts in Nigeria.
We believe that success ultimately depends upon the early analysis of the merits and risk of each case and will at the onset develop appropriate case plan with the clients input to meet the facts of each litigation, covering pretrial discovery strategy and procedures and other contingencies that may arise during the trials. Most importantly, at GMO LEGAL, we are accustomed to developing and working within the client’s litigation budget.
OUR SPECIALIST AREAS
Commercial Litigation and Arbitration Services Group
We handle a diverse range of litigation matters that can be grouped generally under: Commercial and Financial Litigation, Intellectual Property Litigation, Transport Litigation [Air, Sea and Land], Oil and Gas and Enviromental Litigation, Labour and Employment Litigation, International Trade Litigation, Company Litigation, Real Estate and Construction Litigation, Anti Corruption Criminal Litigation.
The GMO LEGAL Litigation Practice is very broad and extensive, encompassing virtually all aspects of general corporate and commercial law within and outside Nigeria. We have and maintain excellent contacts with litigators in other jurisdictions such that the firm is able to prosecute claims before courts and arbitral tribunals worldwide.
Our Arbitration and Alternative Dispute Resolution Practice possess the experience and expertise in conducting domestic and international commercial arbitrations. The firm is associated with the Chartered Institute of Arbitrators [United Kingdom].
Intellectual Property Litigation
We have successfully litigated a number of complex cases involving trademarks infringement, patents and designs infringement and copyright infringement. Our expertise in this field enables us to provide our clients with practical procedural and substantive advice in this dynamic area of law and to ensure that they derive the maximum protection available under the law at every turn.
Trademarks, Patents and Designs, Copyright Registration and Protection
We are able to assist with the searching and registration of trademarks, patents and designs at very competitive rates. We will also protect our clients’ trademarks by providing a permanent watch and alert service at the Trademarks Registry to prevent the surreptitious registration of similar or conflicting trademarks. We are also able to assist with putting in place an effective monitoring and surveillance system to identify piracy and counterfeiting activities of the client’s trademarks in the market.
Licensing and Assignment
We are able to advise on and draft structured licensing and franchising agreements involving trademarks, trade secrets, know-how, scientific cooperation agreements, development agreements and other similar agreements.
Trade Secrets and Confidentiality
We are able to advise upon and prepare appropriate confidentiality and non disclosure agreements, protection of trade secrets in all its ramifications and the acquisition of rights from employees, contractors and other parties.
Biotechnology and Pharmaceutical Advisory
Apart from assisting with the registration of trademarks and patents, we are also able to work with the office of the National Agency for the Food and Drug Administration and Control [NAFDAC] for the obtention of necessary approvals . NAFDAC is the statutory body charged with the duty of regulating and registering every item of food or drug manufactured in or imported into Nigeria
The GMO LEGAL IP Practice group works closely with a number of select associations and government bodies involved in countering counterfeiting of intellectual property. The firm is also associated with the Institute of Trade Marks Attorneys UK [ITMA], the International Trademarks Association [INTA], the Association of European Trademarks Owners [MARQUES], the Pharmaceutical Trademarks Group [PTMG] and the Intellectual Property Law Association of Nigeria [IPLAN].
Banking and Finance
The firm has substantial experience and expertise in the preparation, review and perfection of banking documentation including individual loan agreements, corporate guarantees, bills of sale, trust deeds, securities agreement, equipment lease agreements, project finance agreements, debt rescheduling and consolidation agreements and mortgage agreements.
We are able to advise on issues relating to debt recovery and debt rescheduling, foreign trade and foreign exchange, capital importation and repatriation, money laundering and assets tracing and local regulatory compliance.
Corporate Services Practice
GMO LEGAL is fully equipped to deal with and advise on a broad range of highly complex and sophisticated transactional matters
Business Structure
We are able to advise on and assist in the establishment of local and foreign companies, partnerships, joint ventures and other business vehicles suitable for the client; and are able to obtain all necessary post incorporation approvals from governmental agencies necessary for the commencement of business operations. Upon establishment, we are able to provide back - up company secretarial services and general regulatory compliance as well as advice on taxation, profits repatriation, immigration, staff employment issues and miscellaneous business support services.
Oil, Gas and Environmental Law Practice
The firm is able to provide general legal support and advice in every aspect of the Nigerian oil and gas industry including preparation of specialized agreements and obtaining necessary business approvals from the Nigerian National Petroleum Corporation [NNPC] and the Department Petroleum Resources [DPR]. We represent a number of multinationals and foreign subsidiaries operating in the upstream and downstream sectors of the oil and gas industry. We have also litigated oil spillage and pollution matters as well as contractual disputes relating to natural gas pricing.
Transportation Law Practice
Shipping and Maritime
GMO LEGAL does substantial quality non contentious work and have advised and prepared contracts in the area of shipbuilding and ship acquisition, registration, insurance and general commercial negotiations. We regularly litigate cargo claims and ship arrests and work closely with charterers, ship owners, protection and indemnity clubs, underwriters and financial institutions.
We have acted as external Counsel to the Nigerian Maritime Administration and Safety Agency [NIMASA], the body responsible for the general shipping operations and administration in Nigeria. The firm is also associated with the Maritime Arbitration Association of Nigeria [MAAN].
Real Estate and Construction Practice
We offer services covering the entire range of real estate and general construction transactions. Our clients are in the main owners, developers, sellers, lenders, investors, landlords and tenants and our focus centers on completing the planning, preparation and the documentation of the transaction in accordance with the client’s instructions. Some of the type of work we have done include:
- Investigating and deducing title to land.
- Negotiation, drafting and perfection of commercial and residential leases and assignments.
- Applying for and obtaining requisite governmental consents and approvals.
- Negotiation of architectural and construction contracts and agreements relating to commercial real estate development projects.
- Acquisition and Sale of undeveloped land.
- All types of real estate and construction financing, including loans, acquisition and development loans, construction loans, and other interim and permanent financing of any type of commercial real estate or real estate related project.
We also possess substantial expertise and experience in litigating all types of disputes arising from real estate and construction contracts.
Labour and Employment Law
At GMO LEGAL, we understand that the key to business is to ensure there is an effective human resources system in place. For foreign companies establishing in Nigeria, we are able to obtain business permits and expatriate quota authorizations that will allow key personnel to enter the country for work. We also prepare and review employments contracts for both local and expatriate employees.
We are able to advise on matters relating to collective bargaining, unfair labour practice, labour issues arising from mergers and acquisitions and corporate insolvency. We have also litigated a wide range of employment matters before the trial and appellate courts and the National Industrial Court, a specialized tribunal.
Information Technology and Telecommunications
GMO LEGAL is in a position to advise on all legal aspects of information technology and telecommunication operations in Nigeria. Following the deregulation of the Nigerian telecommunications industry in 1992, the firm has been opportuned to advise on issues relating to restructuring and privatization. We are able to obtain relevant permits and approvals from the Nigerian Communication Commission [NCC], the telecommunications regulatory agency. We are also external counsel to a fixed wireless CDMA operator whose shareholders include a well known international private equity firm. We regularly prepare and review equipment vending agreements, distribution agreements, franchise agreements and licensing agreements.
Taxation
We offer a tax advisory service designed to meet the specific needs of each client. We understand the importance of a structured tax planning in local and international commercial transactions and the need to ensure that the client enjoys all available tax advantages. We routinely advise on all aspects of petroleum profit tax, corporate income tax, value added tax, personal income tax including advice on the tax implications of corporate actions like mergers and acquisitions and sale of assets.
Insolvency and Bankruptcy Practice
GMO LEGAL is able to advise an all aspects of private bankruptcy, corporate insolvency and business rescue and reconstruction. We recognize that a business downturn or reversal should not always have to lead to the onset of insolvency, and that where insolvency is inevitable, timely expert advice can mitigate the grave social and financial implications of the experience.
We have acted as receivers and liquidators to a number of distressed businesses and are recognized for our capabilities in this field. The firm is affiliated to the Business Recovery and Insolvency Practitioners of Nigeria [BRIPAN], the foremost body on the regulation of insolvency practice in Nigeria.