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 independent law firms in Turkey, representing major multinational and local corporations and private clientele, as well as international and multilateral financial institutions and agencies. Hergüner not only provides expert legal counsel to clients, but also serves as a trusted advisor for them. The firm has a growing East Asian focus.

Areas of practice

Corporate/M&A: Hergüner has a long standing reputation as being the leader in the region’s most complex and important domestic and cross-border transactions. This depth of experience enables the Hergüner team to advise its clients and potential investors on savvy investment decisions. Hergüner advised on Verbund’s sale of its shares in Enerjisa to E.ON, considered a mega deal for Turkey; Danone’s acquisition of the majority shares in the S?rma Group and BP Gas on the sale if its wholesale LPG and Petgaz-branded business in Turkey to the Russia-based Oteko Group.

Banking, finance and capital markets: Hergüner is the lead or co-counsel for multi-million and billion dollar banking and finance transactions that are among the most prominent in Turkey, including Islamic Financing. Hergüner advised Türk Telekom on the largest landmark corporate bond issuance to ever take place outside of Turkey and which was listed. Hergüner arranged for HEPP financing for Kalehan through a first-of-its-kind consortium of the most prominent Turkish banks.

Energy and infrastructure: Hergüner offers innovative financial and contractual structures on the market’s leading projects. The firm acted in two of the largest, groundbreaking BOT Model infrastructure projects, which were the largest non-recourse project financings to close this decade. The firm has represented the principals in the largest infrastructure construction projects in Turkey’s history, including the Gebze Izmir road project, which includes one of Europe’s longest suspension bridges, and the Istanbul straight road tunnel crossing project which connected two continents: Europe and Asia.

Hergüner continues to grow its PPP projects, handling among the largest health care projects in Turkey. Hergüner offers unparalleled expertise in the oil, gas and mining space, offers expertise in every phase of power plant development, and advises on LNG, renewable energy and nuclear projects. Clients include: HESS Energy, Praxair, Üründül Enerji Group, and RES.

Dispute resolution: Hergüner handles disputes, litigation and arbitration, including for commercial, contractual, employment, family, white-collar, bankruptcy, corporate governance and family governance matters, and provides strategic dispute management. The firm defends companies in all sectors, such as construction, infrastructure, FMCG, retail and petroleum, and provides enforcement of foreign arbitral awards, set aside proceedings and ICC arbitrations. It represents top clients such as one of the world’s top-five resin producers, BTC Pipeline Company, Greif, Proctor & Gamble, Pigeon, Eaton and Mitsubishi Heavy Industries.

Competition: strong area for Hergüner with multidimensional merger filings and investigations that provide advice on complex competition matters for such clients as: Essilor, UPS, ArcelorMittal and Hitachi.

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

IP, technology and telecommunications: Hergüner represents such clients as Barco NV and DP World, and has advised NBC Universal and Thomson Reuters in the due diligence of a major Turkish digital platform operator for the benefit of strategic investment in the media sector. The firm specialises in license applications, operators’ interconnection, roaming and other services, and has advised such clients as: NEC, Nikon, Sharp, Sony and Panasonic.

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

Languages
English
French
German
Greek
Japanese
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
  • The Constitutional Court abolished the Article 16/5 of the Decree Law numbered 556

    The Constitutional Court abolished the Article 16/5 of the Decree Law numbered 556.
  • Assignment of Trademarks and Licensing of Trademarks in Turkey

    I. Introduction
  • Installment Sales

    The Regulation About Installment Sales ( "The Regulation" ) entered into force by being published in the Official Gazette on 14 th  January 2015. Although the title is 'installment sales'; the main subject of the Regulation is financial leasing agreements. It is important to be careful not to confuse the installment sales with the prepaid sales. In prepaid sales the buyer have the possession of the sold movable property after completing the payment. However in installment sales the buyer gets the property immediately and then makes the payment. Moreover the sales made by credit cards are not the subject of this Regulation.
  • Protection of Creditors and Employees and Personal Liabilities of Shareholders in Mergers

    Synergies and increase in the assets of the merging companies are aimed at mergers. However, a merger may at the same time result in the increase of the liabilities of the merging companies. Further, in some cases the financial standing of the absorbed company in a merger may not even show positive figures thus such a merger may present a potential risk on the creditors of especially the surviving company. Due to the fact that creditors of the merging entities do not have a veto right against a merger, there arises the need for a specific protection tool for the creditors. A merger may also negatively affect the employees of the merging entities, again especially the ones of the absorbed company. On the other hand, "over-protection" may defeat the purpose of the merger concept so a fairly balanced protection mechanics is essential. This article focuses on the means of protection of creditors and employees, and personal liabilities of shareholders in mergers, as regulated by the Turkish Commercial Code ("TCC").
  • Unfair Competition

    Unfair competition is regulated in the Turkish Commercial Code ("TCC") Law No: 6102 and the Competition Law On the Protection of Competition ("The Competition Law"), Law No: 4054.
  • General Business Terms and Conditions under Turkish law

    The concept of general business terms and conditions has been introduced to the Turkish law by the new Turkish Code of Obligations. This article aims to provide general information on as to how general business terms and conditions in agreements are handled under Turkish law.
  • The Principles And Procedures To Apply To Factoring Transactions

    The Banking Regulation and Supervision Authority ("BRSA") of Turkey published the Regulation on the Principles and Procedures to Apply to Factoring Transactions (the "Regulation") in the Official Gazette on February 4, 2015.
  • Patent and Utility Model

    The patent and the utility model are regulated in the Decree No. 551 dated 1995 Concerning to the Protection of Patent Rights ("PDL"). Obviously patent and utility models are not completely two different rights; however there are some specific measures differentiating them. In this article we will discuss important points of these rights.
  • Interim Relief

    The Interim Relief is regulated under the Turkish Procedural Law numbered 6100 ("TPL"). According to the legislation, the court can provide any kind of interim relief that has the effect of preventing the claimant incurring damages before resolution of his claim or, such as (i) freezing or securing goods or rights, (ii) ordering the defendant to take, or not to take, a certain action (for example, annotation to the title deed preventing its transfer, prohibiting the transfer of shares of a company, and so on).
  • Changes to Turkish Corporate Governance Rules

    RECENT CHANGES INTRODUCED TO TURKISH CORPORATE GOVERNANCE RULES FOR PROCEDURES OF DETERMINING MANDATES IN TURKISH CORPORATIONS