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Mandatory Mediation Under Turkish Labor Law

ELIG Gürkaynak Attorneys-at-Law | February 7, 2017

I.        Introduction An alternative dispute resolution method is expected to be introduced in Turkey shortly through the Draft Law on Labor Courts ("Draft Law"). The purpose of the Draft Law is to bring a functional and an effective judicial procedure for labor conflicts via mandatory mediation and to replace the current regulations.

Recent Developments and Legal Landscape on Procurement of Medicines from Abroad

ELIG Gürkaynak Attorneys-at-Law | January 17, 2017

I – Introduction and Recent News on the Assignment of the Duties to Social Security Institution In Turkey, import and sale of medicines are subject to licensing requirements of the Ministry of Health ("Ministry"). The principle is that medicines which are not licensed in Turkey cannot be put on the Turkish market. "Procurement of medicines …

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Violation of a Constitutional Right on the Internet: Protecting the Right to Privacy

ELIG Gürkaynak Attorneys-at-Law | January 17, 2017

The Turkish Constitutional Court recently decided that the right to privacy can be violated on the Internet.  The court's decision numbered 2014/16701 ("Decision") was delivered on October 13, 2016 and concerned a military officer's dismissal from the Turkish Armed Forces ("TAF"). The ground of the dismissal was that the officer's private life is not suitable …

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Turkey Amends its Advertisement Regulation

ELIG Gürkaynak Attorneys-at-Law | January 17, 2017

Turkey's main regulation regarding advertisements, the Regulation on Commercial Advertisement and Unfair Commercial Practices ("Regulation") was amended with another regulation published on the Official Gazette of 4 January 2017, effective immediately. Those who advertise their products and services, advertisement agencies and the media that publishes such advertisement should abide by the Regulation.

2016 FCPA Enforcement Actions and Highlights

ELIG Gürkaynak Attorneys-at-Law | January 3, 2017

Overall, this was a more active year for FCPA enforcement actions when compared to 2015. This year, Department of Justice ("DOJ") took a total of 10 enforcement actions and Securities and Exchange Commission ("SEC") took a total of 25 enforcement actions. Like last year, SEC is more active than DOJ, in terms of numbers of …

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Regulation on Processing and Protecting the Privacy of Personal Health Data

ELIG Gürkaynak Attorneys-at-Law | December 19, 2016

The Regulation on Processing and Protecting the Privacy of Personal Health Data ("Health Data Regulation") has recently been published on the Official Gazette, on October 20, 2016 and came into force on the same date. This regulation is not only applicable to the health institutions and the data subjects whose personal data is processed, but …

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DEVELOPMENTS ON COASTAL INVESTMENTS: New Communiqué on National Estate No. 373

ELIG Gürkaynak Attorneys-at-Law | November 29, 2016

Introduction On October 8th 2016, the General Communiqué on National Estate No. 373 (“Communiqué”) has been published on the Official Gazette. The Communiqué governs principles regarding easement right and/or right of usage to be granted to financers for them to construct marinas, landing stages, piers and berths on state-owned or treasury lands. The Communiqué brings …

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Transparency International Publishes 2016 Corruption Barometer for Europe and Central Asia

ELIG Gürkaynak Attorneys-at-Law | November 29, 2016

Transparency International ("TI") has published its regional Corruption Barometer for Europe and Central Asia ("Report") on 16 November 2016.

Turkey’s request for consultations against Morocco’s anti-dumping measures

ELIG Gürkaynak Attorneys-at-Law | November 22, 2016

I          Background   In September 2014, following an anti-dumping investigation period, Morocco has imposed an 11 % tax duty against Turkish hot-rolled steel exporters which has created fuss in Turkish hot-rolled steel market and exporters.   Upon Morocco's anti-dumping measures on hot-rolled steel, in October 2016, Turkey has filed a "Request for Consultations" against Morocco …

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Recent Developments in the Anti-Corruption Regulations in France and Germany

ELIG Gürkaynak Attorneys-at-Law | November 16, 2016

Since the enactment of the Foreign Corrupt Practices Act ("FCPA") on 1977, USA has been the leading the international fight against corruption. FCPA sets forth a standard for other jurisdictions in its extraterritorial and rigorous enforcement of its rules and regulations against corruption. In addition, OECD Convention on Combatting Bribery of Foreign Public Officials in …

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