Contributors Moroğlu Arseven

Moroğlu Arseven is a full-service law firm with broad expertise and experience in all aspects of business law. Established in 2000, the firm combines a new generation of experienced international business lawyers and of counsels who have academic, judicial and practical experience in private law. Its dynamic and dedicated team analyses the legal framework and provides flexible solutions for clients in Turkey. The firm serves local clients in international markets, as well as international clients operating in Turkey. Clients appreciate Moroğlu Arseven’s responsive, clear and concise answers to legal questions, as well as its knowledge of their business goals, usually based on long-term relationships. The firm represents and serves a diverse clientele, in a wide range of industries. In-depth sector knowledge ensures seamless service across practice areas, enabling Moroğlu Arseven to meet all of a client’s legal needs in Turkey. Key areas include industrial and manufacturing, retail and consumer, TMT, energy, healthcare and life sciences, entertainment and sports, pharmaceuticals, real estate and construction, banking, insurance and financial services.

Main Areas of Practice

• Anti-Bribery Anti-Corruption
• Anti-Counterfeiting
• Anti-Money Laundering
• Commercial Arbitration and Mediation
• Commercial Contracts
• Copyrights
• Corporate
• Corporate and Commercial Litigation
• Employment Disputes
• Investigations
• Investment Arbitration and Treaty Protection
• IP Litigation
• IP Portfolio Management
• M&A and Shareholder Disputes
• Mergers and Acquisitions
• Privacy and data protection

Corporate, M&A & Finance

Moroğlu Arseven has significant experience with joint ventures, M&A and company incorporations for major international and local clients. It advises clients on both buy-side and sell-side, during transactions which span a wide range of sectors. The firm has a strong capacity to effectively support corporate clients, due to its expertise in other legal disciplines essential to corporate work, such as IP, anti-trust, litigation and tax law. Full-service expertise allows Moroğlu Arseven to look beyond the rushed M&A period and provide experience-based advice about the future consequences and implications of a transaction. Project-based M&A deals represent a significant portion of the firm’s corporate work. It has advised clients in a variety of strategic positions, such as minority and majority shareholders, tripartite JVs, as well as clients selling step-by-step. Moroğlu Arseven has also represented clients in JV deals where both parties have symmetrical governance, or where one has the determining position. Recent examples include numerous venture capital and strategic joint ventures in the technology, energy, logistics and manufacturing sectors. Moroğlu Arseven regularly handles innovative financial and security matters for large clients, providing advice on a full range of related legal, regulatory and compliance issues. It advises financial institutions, export credit agencies, foreign commercial banks and corporate borrowers on all banking and finance matters, both in Turkey and overseas. Capital markets are a speciality of the firm’s banking and finance team. Maintaining compliance with capital markets legislation, which changes frequently in Turkey, is essential for many of Moroğlu Arseven’s clients. The firm stands at the forefront of energy market developments in Turkey and is experienced in navigating the obstacles to energy market investments, with broad expertise in renewables. Regularly advises on changing regulations, investment opportunities and the legal challenges posed by the need for reduced carbon emissions and energy efficiency across all sectors.

Litigation, Arbitration & Dispute Resolution

Dispute resolution is a speciality area for Moroğlu Arseven, acting for clients during complex litigation in regulated and non-regulated marketsarbitration proceedings before such bodies as the ICC, ICSID, ISTAC, LCIA, VIAC, FIBA and CAS arbitration tribunals, as well as negotiating settlements in line with clients’ business priorities. A speciality within this practice area is representing global manufacturers or their local distributors in disputes over distribution, agency and regulatory issues. Moroğlu Arseven is strong in disputes concerning construction and energy, as well as post-M&A conflicts. Clients appreciate the firm’s strength in representation in business crimes disputes, as well as criminal defence work. Moroğlu Arseven’s ability to integrate transactional and litigation practices has led to a significant success rate for litigation cases. Moroğlu Arseven always considers whether litigation, settlement, arbitration or any other type of dispute resolution is in the best interest of its clients. The firm offers strategic guidance on how to minimise litigation risk and avoid litigation, such as how best to manage evolving disputes, or support in establishing and using alternative dispute resolution procedures. Moroğlu Arseven draws together multiple practice areas to support clients in resolving disputes, such as corporate, employment, tax, anti-trust and other areas relevant to any given conflict. The integrated approach ensures innovative and pragmatic advice, supporting all parties to move on in the most cost efficient and least commercially damaging way.

Compliance & Internal Investigations

Compliance is a specialty area for Moroğlu Arseven, integrated into all other practice areas. The firm focuses on ensuring clients’ strategies and policies are both compliant and cost-efficient, while also represent good practices at a local and international level. Areas include anti-corruption, anti-bribery, anti-money laundering, business crimes, anti-trust, privacy and data protection, employment, financial markets and services, along with sector-specific regulatory issues such as for energy, life sciences and pharmaceuticals. The firm has substantial expertise developing and auditing compliance strategies, as well as advising on risk mitigation, often in highly complex, cross-border projects, or heavily regulated sectors. Moroğlu Arseven has a significant track record providing clear and understandable compliance advice, as well as implementing and monitoring endto- end compliance programs. Moroğlu Arseven regularly supports large multinational clients with localising policies, operational processes and structures to meet Turkish regulatory requirements, as well as training employees. Planning and executing high-stakes internal investigations are among Moroğlu Arseven’s core specialties. High-profile clients choose to work with the firm for their most sensitive investigations, either run internally or in parallel with administrative or judicial procedures. These involve conduct issues, corruption allegations or criminal elements. Investigations are supported by the firm’s strong related practices, such as employment, dispute resolution, anti-corruption and white-collar crime.

Intellectual Property & Brand Protection

Moroğlu Arseven holds wide-ranging experience in all facets of IP advice, including counselling, enforcement, transactional and litigation matters, as well as strategic cross-border management of portfolios and disputes. The firm offers in-depth knowledge of IP, combined with local understanding and broad experience in the Turkish marketplace. The firm manages portfolios for a number of high-profile brands, where IP considerations are critical to commercial decision making. High-profile international corporations and brands regularly engage Moroğlu Arseven, due to its reputation for delivering results, as well as effectively establishing, strengthening, enforcing and commercializing IP rights in Turkey. These include trademarks, patents, designs, domain names, copyrights, and other related rights. Support involves litigating disputes before courts, registering/protecting IP rights before the Turkish Patent and Trademark Office, as well as developing customized anti-counterfeiting or market clean-up programs for clients.

Employment

Moroğlu Arseven offers a full range of employment and social security advice, including transactional issues, drafting employment documents and agreements, as well as support on daily matters and disputes. The firm is particularly strong in serving ongoing employee benefit requirements for large employers, which require an efficient and cost-effective way to manage HR legal issues, or large portfolios of disputes. The firm routinely advises on both contentious and non-contentious employment matters. For instance, hiring and firing procedures, remuneration, benefits and pension, disciplinary procedures, immigration and work permits, drafting and implementing HR guidelines, codes of conduct, policies and procedures, performing interrogations and investigations, support during employee or workplace transfers, M&A transactions, plus re-structuring procedures.