Offit Kurman provides a broad range of customized legal services in connection with investments, transactions and product distribution in the US for clients from abroad, including Europe, Canada, Asia, Latin America, Turkey, the Middle East, and Africa. With Offit Kurman’s assistance, non-U.S. based companies, institutional investors and high net worth individuals find creative solutions for planning and implementing U.S. strategies. Lawyers at Offit Kurman have extensive experience conducting complex international commercial litigation and dispute resolution in state and federal courts, including bankruptcy courts, and before U.S. and international based arbitration panels. We also assist clients in resolving disputes through mediation and other alternative dispute resolution proceedings. In addition, through its network with many foreign law firms, Offit Kurman is able to assist clients with their transactions abroad. In an evolving world, Offit Kurman’s professional advice can play a key role in building and safeguarding a client’s international business and investments. Several of our lawyers have gained legal training and experience in foreign countries and legal systems, and speak various languages, including Dutch, Polish, Turkish, Bulgarian, German, Russian and South Korean.
The Islamic Finance Subgroup has in depth experience in the development, structuring and financing of several billion dollars of transactions in a wide range of innovative Islamic financial products, including private equity funds, trade finance funds, asset securitizations, sukuk (Islamic bonds), factoring agreements, and many other Sharia compliant products. Notable engagements include one of the first Sharia compliant private equity funds, one of the largest consumer finance asset securitizations employing the use of sukuk, and a structure for short term liquidity management utilizing a tuwarak commodity structure backed by commercial paper.
Sample clients include the largest Islamic bank in the world as US, one of the largest consumer finance companies in the Arabian Gulf, a leading Sharia compliant investment company based in Kuwait and a leading global US bank.
Sample engagements include:
- The establishment of the first Sharia compliant hotel and resort fund
- The restructuring of a Sharia compliant equipment leasing fund
- The establishment of a trade finance fund for the purchase and resale of various commodities being supplied by a global trading company from Russia to China
- Financings for the purchase and sale of cattle in feedlots through the use of a wakala (agent)
- Inventory financing for a leading global telecommunications company involving the purchase and sale of telecommunications equipment in various warehouse locations through the use of a wakala (agent)
The Saudi Arabia/Middle East Practice Subgroup (“Subgroup”) has decades of experience in advising on the laws and regulations of Saudi Arabia and the wider Middle East, including the United Arab Emirates, Kuwait, Bahrain, Qatar, and Bahrain The Subgroup also assists clients from outside the Middle East with their transactions with the Middle East, such as acquisitions, joint ventures, distribution and agency agreements, construction, power generation and other types of projects, as well as assisting clients establish local subsidiaries, branches, and affiliates in the region. The Subgroup has close working relationships with leading local law firms in the Middle East to assist clients where in country legal support is required. Our attorneys also have years of experience in representing clients from the Middle East in their investments into the US.
Sample engagements include:
- Represented leading global advertising company in acquisition of and joint venture with the largest privately owned advertising company in the Middle East, involving subsidiaries in 10 different Arab countries in the Arabian Gulf, the Levant, and North Africa
- Represented leading global consumer products company in establishing a joint venture for the manufacture of personal care products in Saudi Arabia and in obtaining necessary approvals from the Saudi Foreign Capital Investment Committee and Ministry of Commerce
- Represented the largest Islamic bank in the world, on about $3 billion of Sharia compliant financings as well as on litigation relating to $120 million of claims against Enron
- Represented leading US bank in the establishment of a Sharia compliant equipment leasing fund
- Represented Kuwaiti bank in a Sharia compliant US real estate fund
- Represented leading Arab bank in various Sharia compliant off balance sheet inventory financings
- Represented Swiss private bank in the establishment of a joint venture private equity fund with leading UAE asset manager
- Represented US private equity fund manager in the establishment of the first Sharia compliant private equity fund
- Represented leading global healthcare company on various matters relating to the US anti-boycott regulations and various distribution and agency matters including a major dispute with its former Saudi distributor
- Represented leading US chemicals company in the reorganization of their Saudi joint venture
- Represented and acted as Arabian Gulf and Levant outside general counsel for leading global soft drink company involving such matters as the establishment of their technical advisory branch in Saudi Arabia, and various franchise matters throughout the Arabian Gulf and the Levant.
Offit Kurman is unique in its Turkey practice as we actively practice Turkish law as well. In addition to having a Turkish law experienced attorney, we extend our services through affiliated law firms and legal experts in all key locations in Turkey. Offit Kurman’s Turkey Practice is dedicated to providing legal and business advice and assistance to Turkish companies and entrepreneurs in their business endeavors in the United States and overseas, and to the US companies in their business endeavors in Turkey.
Fulya Kazbay, an attorney admitted in Turkey and in New York, heads Offit Kurman’s Turkey Practice. Fulya is educated and gained experience in both Turkey and the US. Her knowledge and experience in Turkish law and understanding of the cultural and commercial norms in Turkey, make her distinctively qualified to resort to Offit Kurman’s resources to serve our clients. Fulya was ranked by the Chambers and Partners - Corporate and M&A - Turkey and was recommended by the Legal 500 - M&A/Corporate and IT and Telecoms - Europe, Middle East and Africa. She is active in cross-border business and legal organizations, including the American Turkish Society and the Istanbul Bar Association as well as New York City Bar Association’s International Subcommittee of Information Technology and Cyber Law Committee and published articles in the areas of M&A, corporate and energy.
Offit Kurman’s Turkey Practice includes:
Corporate (including Cross-Border Mergers and Acquisitions and Privatizations): Advise clients on business formations, general contract matters (including letters of intent, commitment letters, shareholders’ agreements, share purchase agreements, executive and consultant employment contracts), all aspects of mergers and acquisitions for both buyers and sellers, restructuring, and privatizations in numerous sectors including energy, insurance, construction, manufacturing, retail, food and beverage, health care, pharmaceuticals, fashion, financial services, technology and media, and defense.
Corporate and Project Finance: Advise on all aspects of the financing of companies and infrastructure projects; relevant contract matters including loan agreements, legal opinions, concession agreements, guarantee agreements, and security package documentation.
Data Privacy & Security, Internet and Information Technology: Advise on all aspects of IT, e-commerce, Internet, and communications matters as well as privacy compliance and protection of personal data. More specifically, advise global companies in various sectors on matters such as privacy policies/notices, e-commerce marketing requirements, Internet policy, terms and conditions for online services, encrypted communication usage and import, data security breach issues, the collection, use, sharing of employee, customer, vendor and consumer personal information and processing, disclosure and transfer of personal data including cross border transfer.
Further, Offit Kurman attorneys utilize their experience and contacts to assist Offit Kurman's multinational and Turkish clients with international litigation and arbitration, banking and finance, bankruptcy and restructuring, cross-border dispute resolution, employment law, franchising, intellectual property, international tax, international trusts and estates, real estate, sports law, and immigration visas [(with outside immigration counsel)] matters.
Some of our attorneys’ representative Turkey experience includes:
Representative Projects in US Law
- Representation of numerous Turkish individuals and legal entities for formation of a US entity and general corporate needs including corporate housekeeping, contracts and compliance matters
- Representation of a major Turkish construction company with respect to formation, investment structuring, general corporate advice including industrial insurance needs and compliance as well as requirements for Turkish government incentives
- Representation of a major Turkish designer in connection with a dispute with its PR agent
- Representation of three individual Turkish investors to set up a company for the purpose of establishing an online platform for trading digital assets via distributed network of services on the Ethereum blockchain
Representative Projects in Turkish Law
- Representation of a US IT company in joint venture with a Turkish company for an app to be utilized in restaurants
- Representation of a major US media company in respect of data protection, internet, corporate, employment, and press law issues
- Representation of a U.S. client regarding formation of a production company in Turkey and trademark registration
- Representation of numerous global companies in connection with data protection compliance matters, user agreements, and privacy policies including GDPR compliance matters
- Representation of a major German energy company, in connection with its bid for privatization of a Turkish natural gas distribution company
- Representation of a US energy company in connection with a Turkish dam and hydroelectric power plant project
- Representation of a German insurance company, in a joint venture project involving a Turkish Company and advise the same in corporate and compliance issues of the insurance group, including five companies, for two years
- Representation of international lenders in connection with release of securities of a 180-megawatt natural gas-fueled BOT project in Turkey
- Representation of a global FMCG company in connection with EKN supported financing provided by ING Bank NV in the amount of over €15,000,000
- Representation of a US governmental agency in connection with $100M financing provided to a Turkish bank
- Representation of a prominent group of companies in Turkey, in an uncompleted share purchase transaction involving two Turkish chemical companies including due diligence work and lengthy negotiations