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CITLENBIK SOKAK NO: 12, YILDIZ MAH, BESIKTAS, 34349 ISTANBUL, TURKEY
Tel:
Work +90 212 327 1724
Fax:
Fax +90 212 327 1725
Email:
Web:
www.gurkaynak.av.tr/

Gönenç Gürkaynak, founding partner

What do you see as the main points that differentiate ELIG, Attorneys-at-Law from your competitors?

ELIG Gürkaynak Attorneys-at-Law was established in 2005 and we have quickly earned a reputation as one of the top corporate law firms in Turkey. Our clients and peers have also consistently recognised us as the leading competition law practice in Turkey with our team of 45 dedicated competition law specialists, out of a total of 90 lawyers. International and domestic companies seek our advice in this practice area for our unrivalled expertise. In addition, we have a highly respected and internationally ranked corporate and M&A team, internet law and technology, media and telecommunications law practices, along with very strong anti-corruption and compliance, litigation and employment teams.

We are highly visible both in Turkey and internationally and host and attend a number of local and international events. We are also proud to be a frequent publisher in a range of internationally recognised periodicals and journals.

Which practices do you see growing in the next 12 months? What are the drivers behind that?

Our competition law practice has doubled in size over the past 18 months. Part of this trend can be explained by the high demand for our services. Competition authorities are presenting our clients with increasingly complex issues and corporations, business associations, investment banks and partnerships, and individuals operating in Turkey are seeking our specialised services.

The technology and internet sector is also flourishing in Turkey, and we have a thriving technology, media and telecommunications law and internet law practice supporting a number of internationally renowned industry leaders who are eager to ride this new wave. I see this practice continuing to grow over the coming years as we continue to support our clients and contribute to policy development in this area.

To meet this growing demand, we have worked hard to develop and retain young talent. I firmly believe that the depth of our team plays a key part in ensuring we remain a successful firm. A number of our highly skilled senior associates have been promoted to partners and counsel over the past two years. With the support of our partners and seniors, my aim is to create an environment of leadership and mentoring in order to develop the skills of our junior associates and interns, many of whom have overseas experience, so that we retain our talent and focus on the medium to longer term.

Is technology changing the way you interact with your clients, and the services you can provide them?

Continuous investment in technology is the key to enabling our law firm to innovate and streamline. Technology helps us to not only communicate more effectively with our clients but it also allows us to decrease operational costs and continue to provide cost-effective services. We are constantly developing new ways to work smarter and ensure that technology works for us. As an example, we are in the process of updating our practice management system in order to provide more flexible outcomes, develop more detailed transaction analysis, and ensure our information technology systems have the ability to evolve in order to meet our clients’ demands. This use of new technology will allow us to continue to deliver creative fee structures to our clients and ensures that we provide more efficient and effective services.

Can you give us a practical example of how you have helped a client to add value to their business?

given the opportunity, we work with the Turkish regulatory authorities who over the past ten years have come to value our input and expertise combined with our solid understanding of the global business environment. We are pleased to offer an effective contribution to policy making.

Our corporate and M&A team also supports our clients’ entry into the Turkish market by introducing them to a range of expert local service providers, enabling them to build their own local network of advisors.

Are clients looking for stability and strategic direction from their law firms - where do you see the firm in three years’ time?

One of the most challenging aspects for law firm management is keeping abreast of the changes in this emerging market and preserving a competitive edge in order to develop our strategic direction in the medium to long term.

We are very proud to have grown from strength to strength over the last decade and to have received such high recognition for the work we have provided for our clients to date. We will continue to grow and we remain committed to providing the specialised and client-driven legal services that our clients have come to expect.

We are also proud to be an independent Turkish law firm and place high importance on our support of non-governmental and environmental projects within Turkey as part of our commitment to the local community. This includes our ongoing support to a leading Turkish wheelchair basketball team and the planting of 2,000 new trees near Izmir.

Finally, the entire team at ELIG Gürkaynak will continue to provide a client-focused culture and offer our clients a unique insight into the Turkish market in a wide range of industry sectors.

Legal Developments by:
ELIG Gürkaynak Attorneys-at-Law

  • 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.
    - ELIG, Attorneys-at-Law

Legal Developments in Turkey

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • 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.
  • Recent Measures to Support Financial Stability in Turkey

    The Banking Regulation and Supervision Authority (the “BRSA ”) and the Central Bank of the Republic of Turkey (the “Central Bank ”) introduced certain legislative changes, to support financial stability and sustain the effective functioning of markets, following the plunge in the value of Turkish Lira.>
  • Non-liability of the Shareholders and Piercing the Corporate Veil

    1.      Introduction
  • Non-liability of the Shareholders and Piercing the Corporate Veil

    1.      Introduction
  • Quarterly Update on Trade Defense Cases in Turkey, June 2018

    In Turkey, the authority to initiate dumping or subsidy examinations, upon complaint or, where necessary, ex officio , is given to the Ministry of Economy ("Ministry"). Within the scope of this authority, the Ministry announces its decisions with the communiqués published on the Official Gazette.