DMK Abogados > Punta Cana, Dominican Republic > Firm Profile

DMK Abogados
MARE BLU BUILDING, SUITE 303
PUNTA CANA VILLAGE
BAVARO
Dominican Republic

Dominican Republic > Real estate and tourism Tier 1

DMK Abogados has a strong track record of assisting leading leisure and tourism companies in the Dominican Republic, including hotels, airlines, tour operators, theme parks and restaurants. Clients instruct the group on a broad range of mandates, including the application of tax exemptions, franchise projects, establishing timeshare products and obtaining related licences, and significant disputes. Following the departure of former practice co-head Patricia Guzmán in March 2022, Enrique De Marchena leads the group, and utilises his extensive background in the tourism industry to assist local and foreign investors. Iván García Elsevyf, who is head of the firm’s litigation department, is an important contact for contentious matters in the real estate sector.

Practice head(s):

Enrique De Marchena

Key clients

Corporación Aeroportuaria Del Este (CAE)

Senator Hotels and Resort

Marriot International

Hyatt

Sol Meliá International

Aviation Group

BOC Aviation

Marriott Vacations Worldwide

Intercontinental Hotel Group

Work highlights

  • Representing Corporacion Aeroportuaria del Este (CAE) in an administrative appeal against the construction project of the Bavaro International Airport (AIB).
  • Advised Senator Hotels & Resorts on day-to-day issues.
  • Assisted Marriott International (and associated brands) with its expansion in the Dominican Republic.

Dominican Republic > Environment Tier 2

DMK Abogados has a strong reputation for handling environmental matters in the Dominican Republic and is highly experienced in all stages of project development, from obtaining environmental permits and licences to advising on environmental management agreements and negotiating with public authorities in relation to resort developments. The team frequently acts for well-known hotel chains, with an emphasis on advising US hospitality groups. Practice head Enrique De Marchena is a key name for environmental issues relating to foreign investment, particularly in the tourism sector, as well as for contentious and regulatory compliance issues. Versatile senior associate Cinthya Pérez Mateo provides capable support in environmental matters.

Practice head(s):

Enrique De Marchena

Key clients

SenatorHotels and Resort

Corporación Aeroportuaria Del Este (CAE)

Sol Meliá International

Marriott International

Work highlights

  • Represented Corporacion Aeroportuaria del Este (CAE) in an administrative appeal over the Bavaro International Airport construction project.
  • Advised Senator Hotel & Resort on a range of environmental matters, including in relation to a dispute over a neighbouring property.
  • Advised Sol Meliá International Hotels on the renewal of tourism and environmental permits.

Dominican Republic > Banking and finance Tier 3

Part of the firm's corporate and commercial unit, the banking group at DMK Abogados has recently handled an abundance of work in the financial sector, including advising on regulatory issues and acting for both creditors and debtors in high-value (and international) transactions. The tourism and hospitality sectors are core areas of focus for the practice. Patricia Read heads up the team and has experience of advising on local loans and assisting foreign institutions with cross-border transactions, with an emphasis on project finance.

Practice head(s):

Patricia Read

Key clients

Tulcani Comercial

Senator Hotels and Resorts

Banesco

Work highlights

  • Assisted Tulcani Comercial with the cancellation of warranties granted as part of a loan agreement with international financial institutions and with the negotiation of the guarantees of a new loan with a local financial institution.
  • Advised Banesco Banco Multiple on all matters related to its operations as a securities agent for foreign creditors whose credits are being secured by local guarantees.
  • Advised Senator Hotels and Resorts on the restructuring of $80m in debt and a $900m syndicated loan agreement.

Dominican Republic > Corporate and M&A Tier 3

DMK Abogados houses an active corporate practice which advises local and international clients on M&A (including cross-border matters), joint ventures and franchising projects. In addition, the department frequently works closely with the tax team on related issues. The practice is co-headed by managing partner Enrique De Marchena, a go-to name for foreign investment and for advising international clients in the tourism sector (including major players such as Marriott International), and Patricia Read, who specialises in corporate finance and company incorporations and restructurings.

Practice head(s):

Enrique De Marchena; Patricia Read

Key clients

Mariott International

DAS Medical International

Jethro 59

Stendhal Dominicana

Samsic Handling

Oriflame Dominicana

The Foundation Global Group

Firthcourt

Nokia

Esource Dominicana

Kaleyra Dominicana

Work highlights

  • Advised Das Medical on complex corporate issues.
  • Advised Marriott International on its expanding operations in the Dominican Republic.
  • Assisted Jethro 59 with its participation in a public tender.

Dominican Republic > Dispute resolution Tier 3

Iván García Elsevyf leads DMK Abogados‘ dispute resolution group, which has diverse experience handling civil, commercial, real estate and administrative litigation for clients from a range of industries, including tourism, manufacturing, pharmaceuticals, energy and construction. The group also has an enviable track record in labour litigation, which is one of García Elsevyf's key areas of expertise. Senior associate Eduardo Moreta is also a notable contact.

Practice head(s):

Ivan García Elsevyf

Key clients

Corporación Aeroportuaria del Este

Nokia

Betcris

Senator Hotel & Resorts

Sol Meliá

Civil del Caribe

Work highlights

  • Representing Corporacion Aeroportuaria del Este (CAE) in an administrative appeal relating to the Bavaro International Airport construction project.
  • Representing an Israeli company in a series of breach of contract claims against a Dominican company relating to a public tender for the development of electricity distribution lines.
  • Representing a Major League Baseball teams in a land-related dispute over its training academy property in the Dominican Republic.

Dominican Republic > Labour and employment Tier 3

DMK Abogados‘ recent work includes representing multinationals and companies with large workforces in labour litigation and assisting with employee management, social security issues, contracts and internal policies, with particular strength in the hospitality, free zones, pharmaceutical, aviation and advertising industries. Labour and litigation practice head Iván García Elsevyf and senior associate Vanessa Retif are well versed in both contentious and non-contentious matters. Patricia Read Schott is also a key name for the labour aspects of corporate matters.

Practice head(s):

Ivan García Elsevyf

Key clients

Dominicanotel (Hoteles Senators & Resorts)

Laurelton Jewlery (Subsidiary of Tiffany & Co)

Betcris

Oriflame

Civil del Caribe

Work highlights

  • Advised Laurelton Jewelry on labour and social security matters, ranging from recruitment to employee management (hiring and termination), registries, occupational health and safety, and company employment and labour policies.
  • Advised Dominicanotel (Hoteles Senators & Resorts) on issues such as personnel hiring, the execution of employment contracts, consultations on labour operations, labour contract terminations, and suspensions of employment contracts.
  • Represented Civil Del Caribe in 14 labour lawsuits filed by former employees who had worked on the construction of the MedicalNet clinic in Santo Domingo, seeking labour benefits.

DMK Abogados is a full-service law firm founded in 1992 that offers comprehensive legal and business advice with special emphasis on foreign investment. The firm is highly recognised for its practice in corporate law, tourism and real estate, litigation of major cases, labour law, environmental matters, free trade zones, public-private partnerships, mining and energy. The firm also excels in the areas of contract design, taxation, intellectual property, consumer law, antitrust legislation and immigration. DMK Abogados is one of the top law firms in the country, recognized for its client-centered approach to better provide thorough legal advice and assistance in large key financial transactions, M&A operations, large tourism projects in the Dominican Republic and for handling complex litigations.

The firm’s attorneys are goal oriented efficient negotiators who truly become collaborators of their clients’ vision, concept, purpose and challenges, which allows the team to successfully deliver creative and wide-ranging legal solutions, while conducting important transactions, thus helping clients thrive at their businesses in the Dominican Republic.

Main areas of practice: DMK Abogados has a successful track record providing broad scope legal services in business and corporate law, with a strong emphasis on foreign investment, merger and acquisitions, cross-border financial transactions, tourism and real estate, complex litigation, labour law, environmental law and mining. The firm also offers advice on tax matters, antitrust legislation, intellectual property, consumer law and immigration.

Corporate finance and commercial law: DMK Abogados’ business and corporate law practice is recognized for providing timely, creative and accurate legal solutions to sensitive and complex matters. The firm provides legal advice to its clients in corporate matters and company affairs, deal negotiations, contract design, international financial transactions, cross- border M&A, taxation, regulatory matters, corporate and legal compliance, due diligence (corporate, real estate, tax and regulatory), corporate governance, securities structuring, management advice, consumer law, joint ventures and consortiums.

Throughout the years the firm has had the opportunity to assess, study and determine the legal feasibility of a large range of business models to be implemented in the Dominican Republic, it has also served large companies, multinationals and high-net-worth individuals in their incursion to different Dominican markets.

The firm has gained significant expertise in complex business transactions by offering “two steps ahead” legal and business counsel aimed to protect foreign and local investors’ interests in mergers and acquisitions and other cross-border structured transactions.

The seasoned experience in the real estate and tourism sector plus the firm’s all-time growing business and corporate practice has transformed DMK Abogados to be the “one stop shop” for both creditors and debtors on large financial transactions, international loans, project finance or any other credit facility secured by Dominican tourism related assets.

Recent caseload has seen the firm advising an investment fund, the creditor, in a US$110m international loan to secure the operations of a Dominican Hotel operation, successfully closed in a 20 day record time. Also, on the creditor side DMK Abogados advised two different financial loans over US$140m. Counseling the creditors, commercial banks, in a combined loan of US$40m, secured with local tourism related real estate assets. On the second, it advised and successfully closed an international syndicated financing, which exceeded US$100m. In addition, the firm has worked on the debtor side advising on the restructuring of local syndicated bank debt for more than US$80m. The firm focuses its efforts in providing added value solutions and advice from the conception of a business transaction to its effective closing, committing to the needs and goals of those who place their trust in the firm

Tourism and real estate: DMK Abogados is the leading firm in this field, it has represented and advised the most significant tourism projects in the country for 30 years, including many of the leading leisure property developments, hotels, airlines, tour operators, theme parks, time-share companies, vacation clubs and other hospitality-based enterprises. DMK Abogados is set apart by its deep understanding of the different tourism business models, the goals and mission of the different stakeholders in the tourism industry. The aim of the tourism and real estate practice is to offer a broad perspective along with comprehensive experience based legal and business advice. Throughout almost three decades of hard work and experience DMK Abogados’ real estate practice, has earned the recognition of being “the firm to call” for complex business transactions and government negotiations  involving real estate and tourism matters. These complex transactions have rewarded DMK Abogados with the opportunity of creating new precedents in tourism transactions, procedures and negotiations.

Litigation: The litigation and dispute resolution department is best known for its precise and timely fashion case analysis and the execution of effective litigation strategies, striving for the best results for the client facing a complex litigation process. DMK Abogados shines when it comes to large and complex civil, commercial or administrative litigations, bringing a high level of creativity and talent that allows its team to formulate winning strategies when facing several fronts. Case analysis is focused on precision and aims to allow the client to see and determine from an early stage which are their best options in each case. The firm works hand to hand with its clients to always be one-step ahead of its opposition in court, or at the negotiation table. This combination, backed by the firm’s commitment and expertise has earned the firm an impressive high win ratio.

Labour and employment: The firm’s labour department is best known for its ability to provide an efficient solution through accurate assessments, technical and legal defense strategies in labour litigations as well as effective preventive measurements to prevent legal contingencies and labour associated risks. This has allowed the firm to tilt the balance in favor of the employer in a system where law tends to offer an excessive protection in favor of the employee. Along the years DMK Abogados has represented hotels, free trade zones and other businesses that involve a large workforce of more than 5,000 employees.

Mining: DMK provides legal services for several of the main mining companies in the Dominican Republic. Strong advisers with excellent and strategic judgment and outstanding skill to effectively counsel many of the main international mining companies such as Everton Resources, Estrella Gold, Brigus Gold and Barrick Gold, who trust the firm for the development of their projects in the Dominican Republic.

Department Name Email Telephone
Corporate and commercial Enrique De Marchena edemarchena@dmklawyers.com +(1) 809 549 3446
Foreign investment Enrique De Marchena edemarchena@dmklawyers.com +(1) 809 549 3446
Real Estate & Tourism Enrique De Marchena edemarchena@dmklawyers.com +(1) 809 549 3446
Mergers & Acquisitions Patricia Read pread@dmklawyers.com +(1) 809 549 3446
Environment Enrique De Marchena edemarchena@dmklawyers.com +(1) 809 549 3446
Corporate and commercial Patricia Read pread@dmklawyers.com +(1) 809 549 3446
Mining Enrique De Marchena edemarchena@dmklawyers.com +(1) 809 549 3446
Energy Enrique De Marchena edemarchena@dmklawyers.com +(1) 809 549 3446
Litigation Ivan Garcia Elsevyf igarcia@dmklawyers.com +(1) 809 549 3446
Labour Ivan Garcia Elsevyf igarcia@dmklawyers.com +(1) 809 549 3446
Tax Patricia Read pread@dmklawyers.com +(1) 809 549 3446
Corporate finance Patricia Read pread@dmklawyers.com +(1) 809 549 3446
Other fee-earners : 11
Total staff : 28
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Partners : 5
Of counsel : 2