DMK Abogados > Santo Domingo, Dominican Republic > Firm Profile

DMK Abogados
MAX HENRÍQUEZ UREÑA 11
NACO
SANTO DOMINGO
Dominican Republic

Dominican Republic > Real estate and tourism Tier 1

Enrique De Marchena Kaluche has led the team at DMK Abogados on an airport construction dispute, representing the owner of the Punta Cana airport in an administrative appeal against the Bavaro International Airport project. As well as day-to-day advice on permits and licences, the firm assists hotels with litigation over property, reputational and labour disputes, aided by dispute resolution partner Iván García Elsevyf. Patricia Guzmán counts Marriott as a regular client, for whom she has negotiated franchising agreements and concession contracts and provided due diligence. The firm often advises clients on tourism incentive tax exemptions and regulations, as well as gaining approval from the Tourism Promotion Council for a golf resort project.

Practice head(s):

Enrique De Marchena Kaluche; Patricia Guzmán Parra

Key clients

Corporación Aeroportuaria Del Este

SenatorHotels and Resort

Marriot International

Fideicomiso Vista Golf

Sol Meliá International

Punta Cana Group

Grupo Posadas

NSLH-1, S.R.L. – NSLH-26, S.R.L.

Origen Hotel

Hard Rock Hotel

Work highlights

  • Continues to represent Corporacion Aeroportuaria del Este in an administrative appeal against the construction project of the Bavaro International Airport, promoted by ABRISA Group, alleging a series of irregularities and defects in the approval process and non-compliance with legal requirements.

Dominican Republic > Environment Tier 2

Enrique De Marchena Kaluche at DMK Abogados often takes on litigation based on environmental compliance, acting for the Corporacion Aeroportuaria del Este in administrative appeals against the construction of the Bavaro International Airport, seeking cancellation of the project’s environmental licence, as well as defending a hotel against an allegation of toxic waste. The team also advises on the environmental aspects of projects for developers and lenders, such as Punta Cana Group’s US$200m aqueduct development, and takes on mitigation of environmental risks and renewal of licences. Patricia Guzmán advises hospitality chains, as well as acting as an external adviser to the Minister of Environment.

Practice head(s):

Enrique De Marchena Kaluche; Patricia Guzmán Parra

Key clients

Corporación Aeroportuaria Del Este

Punta Cana Group

Popular Bank

SenatorHotels and Resort

Sol Meliá International

Tenedora Las Terrenas

Work highlights

  • Continues to represent Corporacion Aeroportuaria del Este in an administrative appeal against a Bavaro International Airport construction project, promoted by ABRISA Group, alleging a series of irregularities and defects in the approval process and non-compliance with legal requirements, including environmental issues.

Dominican Republic > Banking and finance Tier 3

DMK Abogados is experienced in negotiations of loan deals and securities matters, particularly those with international elements, with the firm advising Spanish clients on their loans in the Dominican Republic and domestic client Banesco on its role as securities agent for foreign creditors. Practice head Patricia Read acted for Spanish bank Abanca on the restructuring of a $150m loan to a Dominican hotel, including the issuance and registration of securities and due diligence. The team also advised Spanish hotel chain Senator Hotels and Resorts on the restructuring of its $80m debt and renegotiations of loans. Andrés Ceara left the team to set up new firm CHJ Legal.

Practice head(s):

Patricia Read

Key clients

ABANCA

Senator Hotels and Resorts

Banesco

Dominican Republic > Corporate and M&A Tier 3

With a wide-ranging client base, which includes multinational companies from the healthcare, luxury goods, hospitality and telecoms sectors, among others, DMK Abogados frequently advises on M&A, franchising projects, joint ventures and the establishment of free trade zone companies in the Dominican Republic. The team also assists with day-to-day corporate matters, including due diligence, contract design, corporate governance and compliance. Managing partner Enrique De Marchena, who frequently advises on foreign investment, leads the team with Patricia Read, who has expertise in company incorporations and restructurings.

Practice head(s):

Enrique De Marchena Kaluche; Patricia Read

Testimonials

I have had a good experience with DMK; I received the level of attention I expect to receive and a very professional approach.

Enrique de Marchena, Ivan Garcia and Patricia Nuñes are very good (if not excellent) and professional.

Key clients

Marriot International

Senator Hotels & Resorts

JETHRO 59

Stendhal

Samsic Handling

CRS Caribbean

Betcris

Firthcourt

Nokia

NSLH

Kaleyra Dominicana

ProV International

Work highlights

  • Advising Marriot International on the expansion of its operations in the Dominican Republic, including the negotiation and drafting of franchise agreements.
  • Advising Spanish chain Senator Hotels & Resorts on its expansion to the Dominican Republic by acquiring three hotels from RIU Hotels in Puerto Plata.
  • Advising a number of international clients on day-to-day corporate matters and compliance.

Dominican Republic > Dispute resolution Tier 3

DMK Abogados represents major domestic and multinational clients from the pharmaceutical, tourism, manufacturing, energy and construction sectors, among others, in a wide range of litigation. The team’s key areas of strength include civil, commercial, real estate and administrative disputes, and it also has an excellent track record in labour litigation. Iván García Elsevyf leads the team, which was bolstered by the arrival of Patricia Núñez from Estrella & Tupete in August 2021.

Practice head(s):

Ivan Garcia Elsevyf

Testimonials

‘Very good advice and understanding of the situation.’

‘Ivan Garcia and Patricia Nuñes are very professional.’

Key clients

Corporación Aeroportuaria del Este

Nokia

Betcris

Senator Hotels & Resorts

Jethro 59

Diesel Expert Quebec

Sol Meliá

Civil Del Caribe

Work highlights

  • Representing Corporacion Aeroportuaria del Este (CAE) in an administrative appeal against the construction of the Bavaro International Airport, alleging a series of irregularities and defects in the approval process and non-compliance with legal requirements.
  • Represented a multinational pharmaceutical company whose operations were irregularly blocked in 2016 by the Ministry of Public Health, preventing it from continuing to sell its products under the High-Cost Medications and Medical Assistance Program.
  • Defending Nokia against the wrongful seizure of assets by the Dominican tax authorities.

Dominican Republic > Labour and employment Tier 3

DMK Abogados‘ labour practice was bolstered by the return of litigator Iván García Elsevyf from Bureau Legal in June 2021, bringing significant experience in labour disputes to the team. The practice’s focus lies in defending employers with large workforces – particularly hotels and free trade zone companies – against claims brought by employees, but it is also experienced in advising on issues relating to the Covid-19 pandemic, including the suspension of employment contracts, flexible and remote working, health and safety in the workplace, and payroll adjustments. Corporate lawyer Patricia Read also assists with advising multinational clients on labour matters.

Practice head(s):

Ivan Garcia Elsevyf

Testimonials

‘DMK is always available to me, at any time of the day, any day of the week. The lawyer on our account always answers my messages or calls in a timely manner.’

Key clients

Dominicanotel (Hoteles Senators & Resorts)

Laurelton Jewelry (subsidiary of Tiffany & Co)

Betcris

INWK República Dominicana

Oriflame

Civil Del Caribe

Work highlights

  • Advising Dominicanotel (Hoteles Senators & Resorts) on labour matters including personnel hiring, the execution, suspension and termination of employment contracts, and labour union relations.
  • Advising Laurelton Jewelry (a subsidiary of Tiffany & Co) on day-to-day labour matters including employment contracts, internal policies, health and safety, and social security issues.
  • Advising Betcris on administrative labour matters, the suspension of personnel, maternity leave and other issues.

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.

DepartmentNameEmailTelephone
Corporate and commercial Enrique De Marchenaedemarchena@dmklawyers.com+(1) 809 549 3446
Foreign investment Enrique De Marchenaedemarchena@dmklawyers.com+(1) 809 549 3446
Real Estate & Tourism Enrique De Marchenaedemarchena@dmklawyers.com+(1) 809 549 3446
Mergers & Acquisitions Patricia Readpread@dmklawyers.com+(1) 809 549 3446
Environment Enrique De Marchenaedemarchena@dmklawyers.com+(1) 809 549 3446
Corporate and commercial Patricia Readpread@dmklawyers.com+(1) 809 549 3446
Mining Enrique De Marchenaedemarchena@dmklawyers.com+(1) 809 549 3446
Energy Enrique De Marchenaedemarchena@dmklawyers.com+(1) 809 549 3446
Litigation Ivan Garcia Elsevyfigarcia@dmklawyers.com+(1) 809 549 3446
Labour Ivan Garcia Elsevyfigarcia@dmklawyers.com+(1) 809 549 3446
Tax Patricia Readpread@dmklawyers.com+(1) 809 549 3446
Corporate finance Patricia Readpread@dmklawyers.com+(1) 809 549 3446
PhotoNamePositionProfile
Anaís Alcántara Lerebours photoMrs Anaís Alcántara LereboursAnaís Alcántara Lerebours serves as a senior associate in the Dispute Resolution…
Enrique De Marchena photoMr Enrique De MarchenaManaging partner of the firm. Top ranked lawyer in Real estate and…
Iván García Elsevyf photoMr Iván García ElsevyfIván García Elsevyf rejoined the firm as Partner and leader of the…
Eduardo Arturo Moreta photoMr Eduardo Arturo MoretaSenior Associate
Cinthya Pérez Mateo photoMs Cinthya Pérez MateoCinthya Pérez Mateo joined the firm in 2022 as a Senior associate.
Patricia Read photoMs Patricia ReadPatricia Read is a partner of the firm and part of the…
Other fee-earners : 11
Total staff : 28
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Partners : 5
Of counsel : 2