Representative Matters International Practice

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.

International Business Transactions

Europe Practice 

Offit Kurman represents many foreign clients in connection with their US inbound transactions.   We assist non-US clients with the formation of US entities, including corporations, LLCs, and joint ventures.  We often act as general counsel to US subsidiaries of foreign parent companies and advise about general corporate and employment matters, commercial leases, loan and security agreements, agency and distributorship agreements, software license contracts, and intellectual property matters.  Offit Kurman assists with M&A transactions on behalf of both US and foreign clients.  In addition, through its network with many foreign law firms, Offit Kurman is able to assist clients with their transactions abroad.

Representative Matters:

  • Represented Dutch global flower supplier in connection with a joint venture with a major US distributor of flower bouquets.
  • Represented Belgian pet food company in connection with an acquisition of a U.S. manufacturer and distributor of pet food products.
  • Assisted Dutch aerospace parts company with an intercreditor agreement between the client, a US aircraft parts company and that company’s bank in connection with a sale of the Dutch company to the US company.
  • Acted as US counsel to Dutch industrial fibers company in connection with a secured loan for its US subsidiary.
  • Assisted European information technology companies in connection with software licensing contracts with US licensees.
  • Represented numerous foreign companies in connection with the formation of their US subsidiaries and advised them on general corporate and employment matters and commercial transactions.
  • Represented U.S. subsidiary of public UK engineering firm in connection with its acquisition of a US engineering firm.

Middle East Practice 

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 to 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.

Turkey Practice

Offit Kurman’s Turkey Practice is dedicated to providing legal advice and assistance to Turkish companies and entrepreneurs in their business endeavors in the United States and overseas, and to US companies in their business endeavors in Turkey. 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 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 FinanceAdvise 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 matters[2].

 

Representative Projects in US Law

  • Representation of numerous Turkish individuals and legal entities for the 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 individual Turkish investors to set up a company for the purpose of establishing an online platform for trading digital assets via a distributed network of services on the Ethereum blockchain 

Representative Projects in Turkish Law

  • Representation of a U.S. IT company in a joint venture with a Turkish company for an application to be utilized in restaurants
  • Representation of a major U.S. 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 U.S. 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 several 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 U.S. government agency in connection with $100M financing provided to a Turkish bank

 

Pro Bono Matters

Turkish practice is committed to pro bono work with full resources of the firm.

We contributed to the World Bank Group’s Women, Business and the Law (WBL) projects. WBL benchmarks laws and regulations influencing women’s capacities and decisions to participate in the workforce and start businesses in 143 economies around the world.

Fulya has been contributing to the World Bank Group’s the Benchmarking Public Procurement report produced by the World Bank Group; latest one was in 2016 and contributed to the Doing Business’ research for 2019 in the Contracting with the Government.

We also supported a US state college in connection with the eligibility process of a Turkish basketball player from the Turkish National team as a student/player at the college.

Islamic Finance Sharia Practice

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)

Ready to learn more? Contact Offit Kurman today!