As the impacts of climate crisis increased rapidly, supranational and national governments have released new manifestations to overcome those impacts. Responding to climate change also creates opportunities for new markets and new businesses in the low carbon economy.
ESG
More institutions, corporations and investors are beginning to recognize environmental, social, and governance (ESG) factors as drivers of value. Stakeholders require greater transparency on ESG policies and are finding that these factors are positive in achieving strong performance. Companies are becoming aware that a failure to address these matters can be detrimental to their businesses, both financially and reputationally.
We advise clients on sustainable business transition and transformation, offering coverage and technical excellence in the main aspects of ESG. We have lawyers specialized human rights, environment and compliance matters, as well as technical specialists supporting our team on environment, business and human rights. We follow up closely the legal and 'soft' law standards that apply, taking an integrated, cross-practice approach.
Sustainability and Sustainable Finance
Sustainability transformation requires significant funding and investment. To meet this requirement new forms of financings, which put sustainability at its core, are being developed. Most of the time, these new products and investors require sophisticated and complex ESG compliance. These not only bring with them legal, commercial and reputational risks, but also new opportunities.
CCA is a frontier of these developments, actively discussing and influencing the developments through our interactions with governmental authorities, industry associations, regulators, NGOs, and advising clients across all aspects of sustainable finance.
GREEN DEAL
European Union declared its ambitious Green Deal, a transformation road map to net zero goal, and it has accelerated the gear to provide the regulatory infrastructure towards this goal. This ambitious transformation within Turkey’s biggest business partner and export market, will inevitably affect Turkish corporations and Turkey’s economy, even before Turkey adopts these rules and policies. Regulations such as Carbon Border Adjustment Mechanism will have direct impacts on exports from Turkey to EU. Corporate Sustainability Due Diligence Directive and German Supply Chain Law requires corporations to do due diligence on their suppliers on environmental, human rights and governance matters across their entire value chain. Turkish corporations may lose competitiveness and may face severe financial risks if they delay the green transformation. We provide our clients legal consulting to get them plan a strategy and prepare for current and upcoming challenges on the “soft law” and “hard law” space, and in shaping and influencing the regulations by keeping a close dialog with industry associations, regulators and NGOs.
We have extensive experience of advising market players on a wide range of capital markets transactions.
Investors and market players must consider increasingly innovative and complex financing solutions as they return to the capital markets. They require greater assistant to protect their covenants and new levels of transparency and disclosure.
Lawyers and capital markets participants must be more able to handle complex issues and need more to find tailored strategic solutions than ever–constantly adapting to market changes, interpreting the many layers of regulations and understanding what investors are looking for in an evolving environment.
Our capital markets practice cover the whole spectrum of capital markets work and offers advice to domestic and foreign underwriters, issuers and investment funds in all types of transactions including not only capital markets but also equity, quity-linked and structured products, debt offerings, structured debt, residential mortgage purchase and sale, securitizations, high yield and private placements. We advise major market players including leading financial institutions, collective investment undertakings, corporates, first time issuers and other new players in the capital markets. We also provide day-to-day legal advice on capital markets to publicly traded companies on regulatory compliance and provide legal advice on licensing of capital markets institutions.
CAG acts with the awareness that data protection and privacy have become an essential topic for the companies’ in both their daily business and special projects. Therefore, CAG advises international and local clients on data protection matters within the context of new legal regime in various business sector including energy, healthcare and pharmaceuticals, retail, real estate and management of shopping center, media and advertising and technology.
CAG’s team of lawyers and CIPP/E certified professionals, have extensive understanding within the scope of application of both the new legal regime in Turkey and the legal regime constructed by the GDPR. In virtue of those, CAG provides services to its clients in this area by conducting three-staged compliance project in which CAG examine the data processing activities of the client, draft the data inventory and draft the legal documents that should be implemented to comply with the law. On the other hand, CAG assists clients a legal service to assure the compliance of data processing activities of the client at a daily basis.
Our team of lawyers brings to bear market expertise in Turkey and known with our great ability to handle complex financing structures, and to respond to clients’ concerns in a flexible manners.
Our banking and project finance practice offers legal advice and assistance in all manner of transactions across a range of sectors. We provide initial structuring advice, assistance in securities issues and draft loan agreements and ancillary documents and we have the experience and insight to help clients navigate new complexities in today’s financial markets. We represent borrowers, sponsors and lenders in all kinds of banking and project finance transactions, including asset finance, corporate & investment grade lending, derivatives & structured finance, Islamic finance, leveraged & acquisition finance, projects & infrastructure finance, real estate finance.
We advise sponsors, lenders, project companies, acquirer of energy and infrastructure projects on all aspects of cross-border and domestic financing across a broad range of industries in connection to development and financing of projects including privatization, public private partnership structures and licensing regimes in all available models under Turkish law. We have acted for both lenders and borrowers, therefore, we offer clients on our unique insights to develop creative and effective strategies for negotiation, compliance and risk management.
CAG comprises IT and technology lawyers that leverage their understanding of the market to develop sensible and ingenious solutions to business issues. Delivering tailor made strategies for clients who operate in the technology, media and telecommunications sectors requires CAG’s team of lawyers to be at the cutting-edge of technology, with a thorough understanding of existing and emerging mediums while also demonstrating a comprehensive knowledge of legal practice. Our work involves the intricate details necessary for the Technology, Media and Telecommunication sector by specially professionalizing in IT, Media and Advertising Law and the Defense Industry.
CAG helps clients develop, protect and setup innovative technologies operating in electronics, internet and e-commerce, software, health, energy and other industries. We provide technology companies with strategic business, legal and governmental advice at every stage of a company’s business life. We support our clients from the creation and protection of ideas, growth of their businesses and in forming market leadership, to mergers, acquisitions and joint ventures. Our technology lawyers also collaborate with our litigation lawyers to analyze and reduce the chance of lawsuit.
Our team performs and pursues all the necessary cancellation and other applications against all kinds of administrative fines and decisions against our clients before all the official and judicial authorities in coordination with our Dispute Resolution Department. In this respect, our team have an outstanding ability to represent our clients seeking to challenge, negotiate or acquire permission before the administrative authorities and the Council of State, both on the merits of a case and for injunctive relief.
The team advises public and private sector clients on contentious and non-contentious matters, such as annulment of administrative proceedings and sanctions, challenging Public Procurement Agency decisions and cancellation of fines.
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The Public Procurement Law No. 4734 sets out the procedures for all procurements held by Turkish public authorities and institutions governed by public law or under public control or using public funds.
Our team of experienced lawyers handles all types of consultancy and representation services to our clients in tender/bidding processes announced by public institutions and organizations and public private-partnerships, and participation to the same as well as providing legal and financial risk analysis of the related administrative and technical specifications and main agreements, and appeals and the objection process to the Public Procurement Authority (PPA).
Our Dispute Resolution Department is experienced in proceedings at administrative courts against final decisions of the PPA and prohibition decisions of public authorities for participating in public tenders.
CAG has an extensive knowledge in Media and Advertising sector. CAG’s team of lawyers is aware that both local and multinational media and advertising businesses hold an imperative system to market for virtually every industry. CAG offers its clients a reliable counselling, and successfully and efficiently resolution of media and advertising related matters.
CAG particularly provide legal assistance to advertising and media investment agencies in drafting and negotiating advertisement agreements, media buying and planning, barter, content production, inventory licensing contracts, search engine marketing and search engine optimization services, social media management, digital performance marketing and behavioral advertising services contracts.
Defense industry projects involve intensive procurement and R&D programs, with long-term proposal and contract phases.
CAG provides services in all areas of Turkish defense industry including the legal support all phases of a tender (Request for Information, Request For Proposal and Contract Negotiations with the related procurement department), in reviewing and negotiating contracts with Under Secretariat for Defense Industry (SSM), Ministry of Defense and other governmental procurement departments, drafting, negotiation and review of sub-contracts with foreign and local sub-contractors and suppliers, review and negotiation of Off-set Agreements arising from defense industry projects, reviewing of Technical Assistance Agreements and Manufacturing License Agreements, drafting, negotiating and review of License and Know How Transfer Agreements.
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Our leading corporate practice aims to provide clients with the best strategic advice and mobilise it in the quickest manner possible. We offer general corporate law advice tailored to our clients’ needs. We assist clients in corporate governance, company incorporation, and branch and liaison office establishment, capital increases and decreases, appointment of managers or directors, amending the articles of association.
Occasionally, we offer trainings at our offices and our clients’ headquarters on the Turkish Commercial Code including matters relating to directors’ liability.
Our leading corporate and M&A practice offers local and international expertise on all corporate matters and transactions. Our M&A team have extensive experience in mergers, acquisitions, joint ventures, corporate restructuring, private equity and investment fund transactions, demergers and liquidation.
We act on the full spectrum of M&A transactions and our M&A team has so far closed an abundant number of complex and multiparty transactions both on the buyer and seller side. Our lawyers handle all stages of a transaction, from legal due diligence, initial structuring, drafting and negotiating transaction documents, obtaining regulatory consents, assisting with closing and post-closing matters. We also offer niche services such as legal training and compliance surveys with regard to M&A transactions.
Our firm’s leading private equity practice has the market knowledge and exposure to help our clients to achieve their goals throughout the investment life cycle. Private equity investment funds make up an important section of our diversified client portfolio. In a growing Turkish market environment, we advise private equity firms in their investments, day-to-day management of their portfolio companies and in exiting their investments, mainly by a share transfer or an IPO.
We offer specialised services in venture capital investments, seed capital and further funding rounds, buyouts, minority investments, leveraged buyouts, leveraged recapitalisation, management incentivisation and auction processes.
As CAG, we not only assist our local and international clients in their legal matters, but collaborate with clients from the beginning to create the most effective contractual and commercial structure.
We equally prioritize legal and commercial points. If an issue arises, we will help and assist clients resolve the matter accordingly, before the issue is brought before a court or an arbitral tribunal in an amicable and the quickest manner. We appreciate that contracts are important for our clients and their business, and time-pressured. Therefore, we draft, negotiate and conclude contracts timely and with utmost care in order to meet our client’s expectation.
Our team has extensive experience on a full range of commercial contracts, including agency, supply, distribution, manufacturing, franchising, outsourcing, e-commerce, lease, subscription, software development, licensing and advertising agreements.
Our employment practice provides proactive counselling to lead clients through laws and regulations governing employment matters. We develop and implement employee relation policies to help minimize risk and avoid litigation for employers in a broad range of sectors. However, when litigation is unavoidable our litigations lawyers will offer the best possible representation.
Our advice includes regulatory labor and social security law, drafting and negotiating collective labor agreements, drafting employment contracts for senior management and share capital subscription plans (stock options) provided to senior management and other employees, outsourcing and sub-contracting arrangements, and labor law disputes as well representing our clients in mediation procedures.
We also represent our clients in connection with obtaining residence and work permits; and, we handle applications to the relevant authorities for the same.
Our dispute resolution practice comprises a strong team of expert lawyers in mediation, litigation, arbitration and compliance. The team offers dispute resolution assistance to clients in matters relating to administrative law, commercial, employment, intellectual and industrial property, tax and white-collar crime. We assess the legal, commercial and reputational risks involved, and offer clients the best available option.
Our team aims to prevent and resolve disputes prior to trial by collaborating with clients and their counterparts to determine the most advantageous solution. When litigation is inevitable, we provide efficient and on the dot representation through all stages of court proceedings. We also provide retainer services, which involves day-to-day advice, training and conducting audits. The sectors range from technology, e-commerce, media and advertisement, telecommunication, energy, healthcare, construction, infrastructure, real estate, retail, manufacturing, defense etc.
Our competition practice offers proficient legal assistance in all aspects of competition law. Our expertise includes offering assistance in competition investigations, reviewing of distribution, franchise and other types of agreements, non-compete clauses, and preparing M&A notifications. We offer competition compliance advice and provide training to company executives and employees. We also represent clients before the administrative courts against decisions of the Competition Board.
