The Legal 500

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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

Turkey

Banking, finance and capital markets
Banking, finance and capital markets - ranked: tier 2

Hergüner Bilgen Özeke

Hergüner Bilgen Özeke’s banking and finance department is noted for its ‘knowledge, attention to detail and team effort’ and advises on loan agreements, financial restructuring, Islamic finance and regulatory matters. Piraye Kuranel Başol and Yeşim Api Şamlı jointly head the team, which recently advised Zorlu Yapı Yatırım on the financing of real estate investments and a share purchase transaction. Deutsche Bank, UniCredit and Ziraat Bankası are also clients of the firm. Kemal Mamak left the firm in November 2016 to pursue an academic career.

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Commercial, corporate and M&A
Commercial, corporate and M&A - ranked: tier 2

Hergüner Bilgen Özeke

Hergüner Bilgen Özeke provides day-to-day advice on corporate matters, assists with the drafting and negotiation of contracts and agreements, and handles consumer law issues. In addition, the team advises on transactions and post-M&A disputes. Ümit Hergüner heads the corporate practice; Kayra Üçer and Senem Denktaş are other names to note. Kemal Mamak left the firm in November 2016 to pursue an academic career and former name partner Ender Özeke departed in March 2016 to Selek Law.

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Competition
Competition - ranked: tier 3

Hergüner Bilgen Özeke

Hergüner Bilgen Özeke handles merger control issues, risk mitigation and internal investigations. Recent work saw the team advising Hewlett Packard on the Turkish merger notification regarding the sale of its software business to Micro Focus. Other highlights included assisting DenizBank with defensive petitions against a fine issued by the Turkish Competition Board. Süleyman Cengiz heads the department.

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Dispute resolution
Dispute resolution - ranked: tier 3

Hergüner Bilgen Özeke

Hergüner Bilgen Özeke strengthened its dispute resolution practice in October 2016 with the promotion of Bilge Göksel and İsmet Bozoğlu to the partnership. The sizeable team advises on civil, criminal and commercial disputes and contentious matters concerning real estate, tax and employment law. The team is led by Ayşe Hergüner Bilgen; Tolga Danışman is also a name to note.

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Employment
Employment - ranked: tier 1

Hergüner Bilgen Özeke

Bige Yücel heads the employment department at Hergüner Bilgen Özeke, which advises on terminations as well as contract drafting and review, and represents employers in lawsuits arising from workplace accidents and reinstatement claims. Recent work saw the team lead advice to International Paper on a collective dismissal following the closure of a production plant. The client base also includes Nomura, Foot Locker, Procter & Gamble and Ralph Lauren Europe.

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Energy
Energy - ranked: tier 2

Hergüner Bilgen Özeke

Deniz Tuncel now heads the energy practice at Hergüner Bilgen Özeke, following the departures of former heads Kemal Mamak, who moved into academia, and Ender Özeke, who joined Selek Law. The firm advises on project finance, contracts, licensing and contentious matters. Recent work includes advising Gazprom-owned project company South Stream Transport on permits and land acquisition issues for its onshore and offshore pipeline projects. The client base also includes Finansbank, Avrasya Tüneli and Unit Group.

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IT and telecoms
IT and telecoms - ranked: tier 3

Hergüner Bilgen Özeke

Senem Işmen heads the IT and telecoms department at Hergüner Bilgen Özeke, which is predominantly known for handling sector-related corporate matters, regulatory compliance, data protection, competition matters, employment issues and disputes. In a recent highlight, the team assisted media group beIN with its acquisition of pay-TV operator Digitürk. The client roster also includes Sony, Cisco Systems and Atos.

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Insurance
Insurance - ranked: tier 2

Hergüner Bilgen Özeke

Hergüner Bilgen Özeke handles regulatory, transactional and contentious insurance matters and provides corporate advice to multinational insurance companies in Turkey. Recent work includes representing Suzuki in a lawsuit initiated against AXA Insurance regarding the scope of its insurance policy. Ufuk Yalçın heads the department.

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Intellectual property
Intellectual property - ranked: tier 3

Hergüner Bilgen Özeke

Bige Yücel heads the IP practice at Hergüner Bilgen Özeke and handles trade mark applications, transactional IP work, enforcement of IP rights, and infringement litigation. The team also advises on domain names and copyright protection. The client base includes Golf Sigorta, Venue International and Atos.

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Project finance/projects
Project finance/projects - ranked: tier 1

Hergüner Bilgen Özeke

Hergüner Bilgen Özeke advises lenders and borrowers on the financing aspects of projects in the energy, health and transport sectors. In a recent highlight, the team advised borrower Otoyol Yatırım ve İşletme on the exit of a major sponsor of its Gebze-İzmir Motorway project. Practice head Aslı Budak advises on project development and has special expertise in the infrastructure area; Senem Işmen is particularly active in PPP projects. Kemal Mamak left the firm in November 2016 to pursue an academic career.

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Real estate and construction
Real estate and construction - ranked: tier 1

Hergüner Bilgen Özeke

Hergüner Bilgen Özeke’s real estate and construction practice advises on contracts, agreements, zoning, permits and transactions. The team has recently been assisting South Stream Transport with its land acquisition projects, including zoning plan approvals and construction usage permits. Serkan Gül is recommended for his experience in transactional matters and Nazım Kurt advises on sector-related disputes. The team has a wealth of experience in the sale and purchase of shopping malls and in the energy industry.

Leading individuals

Serkan Gül - Hergüner Bilgen Özeke

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Restructuring and insolvency
Restructuring and insolvency - ranked: tier 1

Hergüner Bilgen Özeke

Hergüner Bilgen Özeke advises on corporate and financial restructuring, bankruptcy proceedings and on M&A-related restructuring. In one recent highlight, the team advised Pirelli on the separation of its Motorsport business into a new entity, as part of the client’s corporate restructuring process in Turkey. Litigators Tolga Danışman and Ayşe Hergüner Bilgen are active in the area; Ufuk Yalçın is also part of the core team.

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Tax
Tax - ranked: tier 3

Hergüner Bilgen Özeke

Hergüner Bilgen Özeke’s tax practice is led by Tolga Danışman, who is also active in the firm’s real estate and litigation departments. The team advises on customs and tax disputes as well as anti-dumping investigations. Clients include Carlsberg, JFE and MEGlobal.

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Transport
Transport - ranked: tier 3

Hergüner Bilgen Özeke

Hergüner Bilgen Özeke’s transport department handles project finance as well as corporate and transactional matters in the sector. Recent highlights include advising Turkish contractor Otoyol Yatırım ve İşletme as borrower regarding the infrastructure project Gebze-İzmir Motorway. Aslı Budak and Kayra Üçer are active in the sector.

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Further information on Hergüner Bilgen Özeke

Please choose from this list to view details of what we say about Hergüner Bilgen Özeke in other jurisdictions.

Turkey

Offices in Istanbul

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
  • Court of Appeals Sheds Light on “Just Cause” for Termination, Exit Right and Squeeze-out

    The Court of Appeals Sheds Light on "Just Cause" for Termination, Exit Right and Squeeze-out of Shareholders
  • AMENDMENTS TO TURKISH FX RULES RE. CONTRACTS DENOMINATED IN FOREIGN CURRENCY

    2018 has been a turbulent year in the Turkish economy and by extension significant changes has taken place in the Turkish foreign exchange rules which was mainly triggered by the recent overshooting in the foreign exchange rates against Turkish lira.
  • Understanding the Registration Obligation under Turkish Data Protection Law

    I. Scope of the registration obligation under Turkish legislation
  • Quarterly Update on Trade Defense Cases in Turkey (September 2018)

    After Turkey's recent change to executive presidency, the President has made some changes in the government system.
  • Amendments Introduced through Law No. 7101 on Arbitration Proceedings

    State courts have very important functions concerning arbitration proceedings. These functions may aim to provide assistance to arbitration proceedings, such as collection of evidence through state courts, which would support the functions of the tribunal, or functions aimed at supervision of arbitration proceedings, such as set-aside actions. The legal provisions regulating these functions play an important role in the determination of whether a particular state has an arbitration-friendly legislation.
  • Restrictions on Use of Foreign Currencies in Certain Agreements between Turkish Residents

    The Presidential Decree dated September 12, 2018, on the Amendment of Decree No. 32 on the Protection of the Value of the Turkish Lira (" New Decree "), introduced significant restrictions on the use of foreign currencies in certain agreements between Turkish residents. Below, we explain the scope of the New Decree and discuss possible issues and problems that may arise in relation to the implementation of the New Decree. We also assess the potential effects of the Communiqué (2018/32-51) on the Amendment of the Communiqué on Decree No. 32 on the Protection of the Value of the Turkish Lira (2008/32-34) (" Communiqué "), which was published in the Official Gazette on October 6, 2018, and lists the exceptions to the restrictions imposed by the New Decree.
  • Amendment of ICSID Rules and Regulations

    At the 2016 Annual Meeting of the Administrative Council, the International Centre for Settlement of Investment Disputes ("ICSID") launched an amendment process on its' rules and regulations ("ICSID Rules and Regulations"). This has been the fourth amendment process since 1984, 2003 and 2006. As per Article 6 of the ICSID Convention, the amendments will only be effective upon the approval of two-thirds of the contracting states2. Hence, ICSID invited contracting states and the public3 to provide their amendment suggestions on topics worthy of consideration, which will be used as background papers throughout the process.
  • Trust Liability in terms of Groups of Companies

    Article 209 of Turkish Commercial Code No. 6102 ("TCC") has set forth obligations that are subject to damage caused by the trust and reputation of the parent company, as created with society and the consumer. Accordingly, "in the event that the reputation of the parent company and the group of companies reaches a certain level which provides trust to society or the consumer, the parent company is liable for the trust created by utilization of this reputation".
  • Possibilities and the Results of Trademark Confusion

    Trademarks are the vehicles that are used to differentiate companies one from the other. They help to capture the consumers' attention. It is essential and necessary to protect trademarks that are created and improved with capital and effort, from unrightful use by third parties, and to prevent the encroachment of trademarks through confusion. One of the most efficient functions of intellectual property law is to encumber imitations, and to halt improper benefit by using the popularity of the trademarks to their consumers. On the other hand, in our daily lives, we often see trademarks that are similar, and may wonder how they co-exist at the same time. In this article, we will shed light on the reasons why similar trademarks can be registered, the criteria that cause trademark confusion, and the remedies to prevent and/or remove these infringements.
  • Capital Markets Board Issues an Official Announcement on Initial Coin Offerings and Crowdfunding

    The Capital Markets Board (" CMB ") issued an announcement on September 27, 2018, on its website and addressed the much-disputed status of digital tokens and Initial Coin Offerings (" ICO "). In this announcement, the Capital Markets Board stated that it does not regulate or supervise ICOs, and also noted that it does not regulate or supervise most practices in which blockchain technologies are being used, such as cryptocurrency offerings and token offerings.