• Dispute Resolution

Successful representation of Coca Cola in an ICC arbitration arising from a FIDIC contract

Representation of BM Bank in a number of commercial proceedings as well as execution and bankruptcy proceedings, for the collection of a multi-hundred million EURO receivable

• Employment

Legal advice to Magneti Marelli in connection with various employment law matters, including negotiations with labor unions, termination of key employee contracts, overtime policies and labor disputes

Legal assistance to TPI Composites in connection with all aspects of employment law and collective labor law

• Energy and Infrastructure

Legal advice to BP in relation to several regulatory issues concerning the TANAP Project, a project that entails the transportation of natural gas from Azerbaijan to the EU and is among Turkey’s largest infrastructure projects

Legal support to Alsim Alarko in relation to the Kabataş-Mahmutbey Metro Line Project

• Ethics and Compliance

In 2016 and 2017, KDK conducted one of the most extensive investigations in Turkey’s private sector history. Working with a team of US lawyers, KDK examined more than 3.5 million documents and interviewed 18 individuals multiple times, within the scope of a multi-jurisdictional regulatory violation allegation raised by a whistle-blower. Subsequently, in 2017 and 2018, KDK conducted an investigation in relation to various bribery as well as other violation allegations raised by a whistle-blower.

KDK conducted a very sensitive and high-profile investigation concerning alleged wrongdoings in a major digital entertainment company. The team has also been representing this company in civil and criminal proceedings against former employees and distributors, arising from the results of the investigation.

• Insurance

Legal advice to Allianz Insurance in connection with a bancassurance arrangement and limited due diligence on counterparty bank

Legal advice to VHV Group in connection with the legal framework in Turkey applicable to insurance companies, available insurance products as well as the establishment of a reinsurance company

• Mergers and Acquisitions

Legal advice to shareholders of Iyzico Payment Solutions in connection with various investment rounds involving strategic and financial investors including International Finance Corporation (IFC), 212, Vostok Emerging Finance, Amadeus Capital and MIH PayU B.V. In its Mergers and Acquisitions Report 2019, E&Y selected PayU’s acquisition of iyzico as the “Deal of 2019”.

Legal advice to Vitol in connection with its acquisition of Turkey’s largest fuel distribution company, Petrol Ofisi. In 2018, the CEE Legal Matters news outlet gave the Firm the prestigious “2017 Deal of The Year for Turkey” award, for its success in Vitol’s acquisition of Petrol Ofisi.

• Personal Data Privacy

Legal advice to The Boston Consultancy Group’s Turkish subsidiary on its compliance with Turkish personal data protection legislation and the preparation of its personal data protection compliance package

Legal advice to Facebook, on its objection to an administrative fine

• Real Estate

Legal assistance to Huntsman and its local affiliates in connection with drafting and negotiating lease agreement for production facility located in industrial zone and also provide legal advice and assistance for the preparation and negotiation of construction contracts based on FIDIC Silver Book.

Legal advice to a major port operator in connection with a contentious port tender matter and zoning plan amendments for the relevant port area

SPECIALTIES:

Arbitration

Our dispute resolution team represents and advises both foreign and local clients in both ad hoc and institutional arbitration, as well as post-arbitration proceedings including enforcement and set-aside lawsuits. To date, we have been successful in all of our arbitration and post-arbitration proceedings. Our team members have a wealth of experience in several arbitration proceedings, such as disputes arising from major infrastructure projects including build-operate-transfer (BOT) model investments, share purchase agreements, shareholders agreements, asset transfer agreements and licensing contracts.

Competition Law

We advise clients on competition related matters in a broad range of industries and on a day-to-day basis concerning business transactions that contain competition law issues such as distributorship, licensing, etc. We have extensive experience in merger control issues. We have been counseling clients involved in mergers, acquisitions and joint ventures about Turkish notification requirements and have been involved in obtaining approvals from the Turkish Competition Board in dozens of notifications. We also review Share Purchase Agreements and Shareholders Agreements, and engage in other aspects of transaction planning, in order to minimize delays and/or structural changes caused by the review of the Competition Board.

Privatization and Government Procurement

We have recently advised a German client (as bidder) in the privatization of Turkey’s largest state-owned insurance company. We have also provided legal assistance to a leading holding company which operates in the fields of oil and energy–in relation to tenders for privatization, by way of transfer of operational rights of two main groups of hydroelectric power plants.

Insurance Law

Our team has handled and advised on a significant number of transactions requiring extensive know how in Turkish insurance industry. We are one of a small number of law firms that have hands-on, practical experience in the strategic and regulatory matters involving the insurance business. Such experience and in-depth knowledge allows for us to plan and structure further legal strategies and options for clients operating in the insurance sector. Our team has advised in numerous matters concerning the insurance sector and assisted clients with respect to their day-to-day operations in Turkey. Our involvement in these operations included also regulatory support in all licensing matters, as well as discussions with local authorities.

Compliance

Anti-corruption, anti-bribery and companies’ integrity with global business ethics standards are among the core practice areas of Cathay Associates Istanbul. We advise local and multinational companies, foundations and institutions in all aspects of this practice area and offer our clients a deep understanding, both globally and locally, of legal, procedural, governance and reputational aspects of regulatory and compliance issues, investigations and litigation.

Our legal services include preparation of internal regulations and company policies to combat corruption, bribery and violation of business ethics; advising the clients on legal compliance of providing gifts and entertainment to public officials and possible legal consequences; assisting the clients in designating a proper legal strategy when they encounter white-collar crimes and representating the clients before the competent courts and public prosecutors; due diligence in inter-company transactions, including mergers and acquisitions; and training the clients’ management teams on how to integrate with global business ethics standards and how to efficiently implement company policies. We have conducted some of the world’s highest profile domestic and multi-jurisdictional investigations, including high profile criminal investigations. Cathay Associates Istanbul,as a leading supporter of establishment of ethical standards in the private sector, has been striving to raise awareness among its clients and society at large and is a corporate member of Turkey’s leading civil society institution in the area of anti-corruption and ethics.