The Legal 500

BÜYÜKDERE CADDESI 199, LEVENT 34394, ISTANBUL, TURKEY
Tel:
Work +90 212 310 1800
Fax:
Fax +90 212 310 1899
Email:
Web:
www.herguner.av.tr

The firm

Hergüner Bilgen Özeke (Hergüner) is one of the largest, full-service law firms in Turkey, representing major global, international and local corporations and private clientele, multilateral financial institutions and other notable international enterprises. Major practice areas include: corporate law, mergers and acquisitions, banking and finance, capital markets, project finance, dispute resolution, energy and infrastructure, competition, intellectual property, information technology and telecommunications, real estate, labour and employment, tax, and transportation and aviation.

Areas of practice

Corporate/M&A: Hergüner is among Turkey’s leading firms in expertise and the firm advises on major international transactions, including Verbund’s sale of its shares in Enerjisa to E.ON; SK Holdings VC fund formation and Telecity in acquiring a hosting market share leader. Hergüner meets the needs of corporate clients, and has longstanding relationships representing private equity houses and with such global clients as BP Gaz, A.S. and the Danone Group. The firm leads the way in assisting clients in acquiring new market shares and in forming joint and other venture investment companies.

Banking, finance and capital markets: Hergüner is lead or co-counsel for prominent finance projects that include corporations as clients in connection with multibillion-dollar financing projects. Hergüner advises on offerings, especially on first-of-a-kind bond offerings. Projects include advising: Ziraat Leasing’s bond offering for TL150m; Ziraat Bank in multimillion-euro financings and Enerjisa’s energy projects through facilities for €5.5bn.

Energy and infrastructure: Hergüner offers innovative financial and contractual structures on the market’s leading projects. The firm acted in two ground-breaking BOT Model infrastructure projects, which were the largest non-recourse project financings to close this decade. The firm represents the principals in the largest infrastructure construction projects in Turkey’s history, including the Gebze Izmir Road Project, which will include Europe’s longest suspension bridge, and the Istanbul Straight Road Tunnel Crossing project which will connect two continents, Asia and Europe. Hergüner advises on key nuclear power plant projects, such as on the Sinop Nuclear Power Plant in Turkey and on TAQA’s proposed lignite coal mines and on oil and gas, and mining issues.

Dispute resolution: Hergüner represents major clients in litigation and arbitration, and defends companies in the construction, infrastructure, FMCG, retail and petroleum sectors. The firm attained the bankruptcy decision against Goldas A.S., a retail gold leader, in favour of three international precious metal providers who were owed multimillion-dollar USD receivables. Hergüner handles enforcement of foreign arbitral awards, set aside proceedings and ICC arbitrations and represents top clients, such as one of the world’s top-five resin producers.

Competition: remains a strong point for Hergüner as the firm provides advice on complex competition law-related matters to such clients as Essilor, UPS, Brooks Brothers, Camargo Correa, Getinge Group & Valeo S.A.

Real estate: Hergüner is a ‘stand-out’ award-winning firm representing the world’s leading international retailers, real estate funds and developers based in the US, Europe, UAE and local players in development projects, including large-scale shopping centers, offices, residential complexes, urban regeneration projects, city-size tourism facilities, commercial leases and port development. Clients include: Pramerica, VastNed, Merrill Lynch, Extensa, ECE and ADIA.

Intellectual property, technology and telecommunications: Hergüner represents such clients as Barco NV, DP World, NBC Universal and engaged in the due diligence of a major Turkish digital platform operator for the benefit of a strategic investor in the media. The firm specialises in licence applications, operators’ interconnection, roaming and other services, and has well-established relationships with such content providers as NEC, Nikon and Panasonic.

Contacts
Ümit Hergüner (senior partner)
Ayse Hergüner Bilgen (co-managing partner)
Ender Özeke (co-managing partner)

Languages
English
French
German
Greek
Turkish

Member
World Law Group
International Attorneys Club
International Bar Association
American Bar Association
US European Network

Number of lawyers 98

Above material supplied by Hergüner Bilgen Özeke.

Legal Developments by:
Hergüner Bilgen Özeke

  • TURKISH CIVIL PROCEDURE AT A GLANCE

    Dispute resolution and settlement procedures are becoming increasingly important in this time of global financial crisis, particularly in the commercial field. Consequent to the need for specialized legal counsel to prevent further disputes by structuring investments and partnerships appropriately, post-transactional litigation advice and insight into Turkish procedural law applicable to dispute resolution have become more relevant to foreign investors in Turkey. This article provides a general overview of the Turkish judiciary's structure, as well as a summary of the fundamental principles of Turkish civil procedure.
    - Hergüner Bilgen Özeke

Legal Developments in Turkey

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • Another Patchwork Amendment to Turkish Internet Law

    There has been a new amendment to the recent legislative proposal ("Proposal") on amendment to the Law No. 5651 on Regulation of Broadcasts via Internet and Prevention of Crimes Committed through Such Broadcasts ("Law No. 5651"), which is known as "Internet Law". The amended Proposal is submitted to the Turkish Grand National Assembly ("TGNA") on January 23, 2015.
  • Draft Law on Shopping Malls in Turkey

    Turkey has been becoming a “shopping mall heaven” ever since 1988 which is the time that the first shopping mall was built in Turkey. The sector is now more than twenty five years old and has had an effective acceleration up to now without any specific legislation. Both the increase of the malls and direct effect to the market from competition perspective required to regulate the sector and the draft law which includes both arrangements of the retail trade and the shopping malls have been started to handle by Industry Commission of the Grand National Assembly of Turkey.
  • Assessment of the Turkish Competition Board Decisions Regarding Restriction of Online Sales

    Online sales numerous advantages have rendered them increasingly popular during the past years. The internet, due to its unique characteristics, provides companies with an enlarged geographic scope, thus enabling them to promote their products widely, avoiding, at the same time, the operational costs of a brick and mortar shop. From the customers' perspective, it enhances consumers' variety of choice and their ability to virtually compare prices from several stores.
  • Turkey: Mitigating Anti-Corruption Risks In Emerging Markets

    With the execution of the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions and the increasing enforcement of the US Foreign Corrupt Practices Act ("FCPA"), multinational companies are more aware of the consequences of corrupt behavior than ever. Due to historically high fines imposed for corrupt behavior, compliance is of crucial concern for companies. This becomes an even bigger issue, when a company begins to conduct business in emerging markets. This is because, emerging markets may be more risky for anti-corruption risks due to the difference in anti-corruption laws and perceptions. Therefore, the adoption of a compliance program and engaging in rigorous third party due diligence as a part of this compliance program becomes mandatory for multinational companies active in emerging markets.
  • Turkey: Mergers and Acquisitions Deals in 2014, Expectations for 2015

    Turkey, as an emerging market, has its ups and downs to invest from time to time. These times depend on several different factors, but tracing them has crucial importance for investors. Focusing into Mergers & Acquisitions deals can be inspiring when taking decisions for investments.
  • Supervision of Industrial Organizations Manufacturing Military Equipment, Weapons, Ammunition and Ex

    The arms industry with over 600 modernization projects is booming in Turkey. The government policies in manufacturing and new offset regulations towards to domestic procurement ensure continuous transformation and development. The 2023 vision of the government is to be ranked in first ten countries in defense industry and to manufacture all ground vehicles, marine vessels and unmanned aerial vehicles domestically.
  • Outline of the Law on Defence Industrial Security and Classified Military Information in Turkish Def

    Law No 5201, Defence Industrial Security Law, dated 29.06.2004 is the principle document regulates the Turkish defence industry and set forth the legal framework of all classified military agreement, information, documentation, project, purchase, sell, manufacturing, research and development, storage of material or services, facilities to conduct those activities related to defence industry excluding the staff of and the facilities belong to Turkish Armed Forces.
  • Construction for Allotment Agreements: Distinction between Incomplete Work - Defective Work

    I. Introduction to Construction for Allotment Agreements A. Definition and Elements In practice, especially in Turkey, there are numerous types of construction agreements relying on various terms and principles by virtue of the " freedom of contract " principle governing law of obligations. Construction for allotment agreement is the most common one among agreements that diverges from traditional construction agreements. [1] On that note, a traditional construction agreement can be specified as an agreement, pursuant to which the contractor undertakes to construct a specific structure whereas the client undertakes to pay a certain amount in consideration thereto.  
  • Review of the Constitutional Court Decision on the Cancellation of Article 42/1 (C) of Law No. 556

    Introduction
  • Transfer and Granting of Rights under Turkish Petroleum Law: Freedom of Contract versus Regulatory R

    Especially after the drop in oil prices the companies that are in early stage of their investments have begun to get position aiming to turn into an advantageous investment and started to look to what extent the regulations allow them to transfer and grant their rights under Turkish Petroleum Law. This may be deemed also as an exit strategy for some from operational perspective as it parallels with the tendency around the world and has direct relation with oil prices.