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

DMK Abogados has a strong focus on the tourism industry, and provides cross-practice advice in a broad range of matters, spanning from transactions to government negotiations and tax incentives. During 2020 and 2021, active areas for the team included tax compliance, disputes, regulation and franchising, among other areas. The group also stood out for acting as lead counsel to Corporación Aeroportuaria del Este on the public-private matter regarding the construction project of the Bavaro International Airport; practice head Enrique De Marchena Kaluche leads on this. In addition to her tourism focus, Patricia Guzmán is recognised for her activity in environmental and administrative law.

Practice head(s):

Enrique De Marchena Kaluche; Patricia Guzmán

Key clients

Corporación Aeroportuaria del Este

Grupo Posadas

Tenedora las Terrenas

Punta Cana Group

Popular Bank

Esmiralda

Senator Hotels and Resort

Sol Meliá International

NSLH-1

Los Corales Development

Work highlights

  • Representing Corporación Aeroportuaria del Este in an administrative appeal against the construction project of the Bavaro International Airport, promoted by ABRISA Group.
  • Providing advice to Tenedora Las Terrenas on re-obtaining tourism tax incentives that in the past it obtained to develop the project Las Terrenas Golf Course, as well as renewing all permits, including environmental permits.
  • Assisting Popular Bank in a matter related to La Estancia Golf Resort tourism project, obtaining all the permits and the renewal of an environmental licence.

Dominican Republic > Dispute resolution Tier 2

DMK Abogados represents international and local clients operating across various sectors, including tourism, pharmaceuticals, energy and real estate. Recently, the firm expanded its litigation focus significantly through the hire of Felix Fernandez, who joined in June 2021 from Pellerano & Herrera and has a niche specialism in cybercrime litigation, and Iván García Elsevyf, who re-joined the firm and has over 15 years of experience focusing on civil, commercial, labour and real estate litigation. Nelson Jáquez, who leads the department alongside García, stood out in 2020 for acting in a public-private conflict in the airports sector in connection to the construction project of the Bavaro International Airport and a series of alleged irregularities and defects in the approval and compliance processes. Labour and administrative litigation is another strength for the firm.

Practice head(s):

Nelson Jáquez; Iván García Elsevyf

Key clients

Corporación Aeroportuaria del Este

Nokia

Betcris

Los Corales Development

Grupo Dos

Senator Hotels & Resorts

Urbanizaciones e Inversiones

Jethro 59

Esmiralda

Diesel Expert Quebec

Mercantil Farmacéutica

Sol Meliá

Work highlights

  • Representing Corporacion Aeroportuaria del Este 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.
  • Successfully represented a multinational pharmaceutical company whose operations were 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 Programme.
  • Represented a multinational corporation before the Dominican courts in a criminal case initiated for robbery at its plant in the Dominican Republic.

Dominican Republic > Environment Tier 2

Having taken part in a vast number of environmental projects in the country, DMK Abogados has a significant track record in the field, particularly in connection to the mitigation of environmental risks, the execution of projects and their compliance, and sustainable development. Environmental permits, licences, management agreements and negotiations with public authorities are at the core of the group's offering. Patricia Guzmán has recently appeared in many key mandates, addressing the environmental aspects, including the high-profile administrative appeal of Corporación Aeroportuaria del Este against the construction project of the Bavaro International Airport. In this matter, as in many others, the firm's environment department worked in collaboration with the corporate and tourism teams, providing comprehensive assistance. The matter was led by foreign investment, business and governmental affairs expert Enrique de Marchena, who co-leads the environment practice alongside Guzmán.

Practice head(s):

Enrique de Marchena; Patricia Guzmán

Key clients

Corporación Aeroportuaria del Este

Punta Cana Group

Popular Bank

Esmiralda (Costa Esmeralda)

Senator Hotels and Resort

Sol Meliá International

NSLH-1, NSLH-26

Tenedora las Terrenas

Work highlights

  • Representing Corporación 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, including environmental issues.
  • Providing comprehensive legal advice to Punta Cana Group for the development of a water and sewerage system (Aqueduct) on Punta Cana, Bávaro and Macao.
  • Providing day-to-day assistance in environmental matters to Senator Hotels and Resorts, a Spanish chain that expanded its operations to the Dominican Republic and acquired three hotels from RIU Hotels in Puerto Plata.

Dominican Republic > Banking and finance Tier 3

Forming part of the firm's corporate and commercial practice, DMK Abogados' banking and finance team is known for assisting clients in the hotel and hospitality sectors with debt restructuring matters, cross-border loans and financial transactions. The group's presence is also noted in the tourism, manufacturing and energy sectors, as well as among financial institutions, investment funds and multinational companies. The department is led by Patricia Read, who focuses on changing corporate structures, taxation and shareholder’s agreements, and junior partner Andrés Ceara, who specialises in protecting the economic interests of local and foreign investors, and who also has expertise in corporate, free zones, tourism and energy law.

Practice head(s):

Patricia Read; Andrés Ceara

Key clients

ABANCA

Dechert

Davidson Kempter Capital Management

Senator Hotels and Resorts

Banesco

Work highlights

  • Advising Davidson Kempter Capital Management, a large in investment fund based in New York, on a structured loan of $110m to Playa Hotels to secure the continuity of operations of the hotels Hyatt Zalara and Ziva in Cap Cana.
  • Assisting a client on the restructuring of an $80m debt, in which two of the largest Dominican commercial banks participated.
  • Assisting ABANCA in a financial restructuring for $150m granted to Hotel NH10 in the Dominican Republic; the agreement included the issuance of several securities.

Dominican Republic > Corporate and M&A Tier 3

DMK Abogados‘ corporate team has a notable track record in assisting clients in financial transactions and complex acquisitions. A recent cross-border highlight was its advice on the acquisition of Tiffany by LVMH, worth $15.8bn. Other matters keeping the team busy have included due diligence work and project financing, among other areas. The firm is also strong in providing day-to-day advice. Practice head Patricia Read is the key name for restructurings, taxation and shareholder agreements, and real estate and tourism are key sectors for managing partner Enrique de Marchena. Andrés Ceara, who co-leads the corporate, free trade zones, tourism and energy departments, stands out in the corporate area for his focus on protecting the economic interests of local and foreign investors. The team was further strengthened in September 2021 with the arrival of Patricia Núñez Jáquez from Estrella y Tupete, Abogados, as a junior partner; in addition to her corporate practice she also handles real estate and arbitral matters.

Practice head(s):

Patricia Read

Testimonials

‘The DMK team is extremely available during operations. They work with the utmost rigour and under great pressure.’

‘Andrés Ceara has great knowledge of the Dominican legal system. The involvement of the partner at all times is undoubtedly one of the keys to DMK’s success.’

Key clients

Tiffany

Marriot International

Hyatt

Cosmed Group

Das Medical

JETHRO 59

Senator Hotels & Resorts

Work highlights

  • Acted as local advisor in connection with the $15.8bn acquisition of Tiffany by LVMH Moët Hennessy Louis Vuitton; assisted Tiffany in corporate and tax matters related to the transaction.
  • Providing legal assistance to Marriott International in the process of legally validating new hotel franchises in the Dominican Republic by executing the local due diligences for corporate, regulatory, tax and real estate property matters.
  • Acting as local counsel to an international company in the energy sector acting as a buyer in a €120M acquisition.

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 Marchenapguzman@dmklawyers.com+(1) 809 549 3446
Corporate and commercial Patricia Readpread@dmklawyers.com+(1) 809 549 3446
Mining Enrique De Marchenapguzman@dmklawyers.com+(1) 809 549 3446
Energy Enrique De Marchenapguzman@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
Mrs Anaís Alcántara Lerebours photo Mrs Anaís Alcántara LereboursAnaís Alcántara Lerebours serves as a senior associate in the Dispute Resolution…
Mr Enrique De Marchena photo Mr Enrique De MarchenaManaging partner of the firm. Top ranked lawyer in Real estate and…
Mr Iván García Elsevyf photo Mr Iván García ElsevyfIván García Elsevyf rejoined the firm as Partner and leader of the…
Mr Eduardo Arturo Moreta photo Mr Eduardo Arturo MoretaSenior Associate
Ms Cinthya Pérez Mateo photo Ms Cinthya Pérez MateoCinthya Pérez Mateo joined the firm in 2022 as a Senior associate.
Ms Patricia Read photo Ms 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