Ömür Law Firm’s vision is to create difference through the international standard legal counselling services it provides with its expert team and expedient remedies they develop, and to become the first choice of clients among law and consultancy offices.
“PUBLIC PRIVATE PARTNERSHIP” LAW CONSULTANCY
In consequence of arrangements made in order for the private sector to participate to the construction and performance of public goods and services, which are under state’s responsibility, a legal status, embodying various types of contracts under the umbrella of public-private partnership (PPP) was created.
In the relevant structure, created under the name of Public-Private Partnership, the primary purpose is to ensure the risk sharing of the work to be performed. In the above mentioned model, which is used in large-scale works, it is necessary for a special funding structure to be created due to the characteristic of the work. So, with the application of alternative funding methods, the risk is shared between the public and private sector.
The risk to be shared between the parties in legal, economic and financial terms, is distributed via contracts, which are drawn up in conformity with the legislation structure of the committed work.
In the preparation of contracts, assessment of the risk structure is carried out and upon the examination of the pros and cons of the required legislation, the processes throughout the public-private partnership is reviewed through periodic legal risk analyses. By the relevant way, the risk is legally limited. The main purpose of our result-oriented efforts is the optimization of the rights and benefits of companies representing the private part of the relation.
HEALTH LITIGATION CONSULTANCY
In Turkey, in addition to patient rights and physician rights, legal procedures on public and private hospitals have also started to become heavily regulated in recent years.
Upon the observation of the health legislation as a whole, it may be seen how the health industry, and particularly hospital management, require a management with matrixlike mentality.
The non-unidirectional, multilateral industry, embodies parties such as public administration, private sector, patient and physician. In addition to legislation consultancy relevant to public administrations-private hospital relations, our attorney friends specialized in the field of health legislation, provide consultancy to concerned persons on physician rights and responsibilities. In case of any dispute, a result can be achieved through the use of effective remedies.
LABOR LITIGATION CONSULTANCY
With our team, which has a multi-directional perspective towards the work life, in the frame of the Labor Code (Code No. 4857), which is the fundamental law regulating work life, leading legislation such as the Turkish Code of Obligations (Code No. 6806), Law on Trade Unions and Collective Bargaining Agreements (Law No. 6356), Law on Occupational Health and Safety (Law No. 6331), Maritime Labor Law (Law No. 854) and Media Labor Law (Law No. 5953) and relevant regulations and circulars, we provide effective service to pacesetter firms and some of top-500 companies of Turkey in legislative alignment and arrangement of employee-employer relation.
Our team is experienced in the drawing up of labor contracts, preparations of Collective Bargaining Agreements and negotiation and conclusion of Collective Bargaining Agreements, and it adopts an integrated service mentality with regard to individual labor law, collective labor law and social security law.
Our team has professionally been both at the employer and employee side, and is therefore specialized with regard to both parties’ approach and has also acted as expert in actions; it gives opinions regarding the calculation of employee claims, reemployment process, mutual rescission process, actuarial calculation processes, follows-up actions upon request and illuminates the client companies with regard to the action’s result through action risk analyses.
BUILDING AND REAL ESTATE LAW CONSULTANCY
In addition to provision of support with regard to the preparation of legal documents in conformity with all type of construction contracts, including flat for land constructions, and legal regularity compliance of permit and license applications in the construction industry – one of Turkey’s leading industries – it also provides all kinds of legal supports to its clients with regard to legal and administrative problems, which may be encountered during any phase of the project.
Our expert team will always be there with you for all kinds of legal problems, which may arise after the completion of the construction process, with regard to the sale, lease, and operation of the real estate. Also, the assessment and sale perspective of your potential investment is evaluated, via Real Estate consulters.
Legal counselling service is provided by our expert team to all parties of the building and real estate industry: project development companies, property owners, project operators, underwriters, designers, architects and engineers, subcontractors and suppliers.
Materials & Craftsmanship
Every detail matters — we select sustainable, high-performance materials that ensure beauty and durability.
MARITIME LEGISLATION CONSULTANCY
It is important for the present field, which is subject to national and supranational commercial relations, to be analyzed seriously and for the right solution to be achieved upon risk examination. Maritime trade is carried out through big financial investments, and it also carries serious legal risks. For the relevant reason, it is important to receive effective legal counselling.
Competence in international mercantile law is made possible by being acquainted with regulations applicable in international sea transport, including maritime law and maritime insurance law, INCOTERMS and legal sanctions, bill of lading, Hague and Hague Vispy Rules, Hamburg and Rotterdam Rules, affreightment contracts, admiralty claims, general average, litigation – arbitration ADR and Turkish Legislation.
Since most disputes in Turkey involve an element of foreignness, arbitration board is applied as the authority to solve the problems. Subjects relevant to maritime law, including but not limited to the follow-up of arbitration procedures, filing of actions before specialized maritime courts, establishment of maritime liens, preparation of affreightment contracts, ship purchase and transfer, settlement of flag procedures, follow-up of ship accidents and insurance transactions and finally, management of loan processes, are within the scope of consultancy.
COPYRIGHTS LEGISLATION CONSULTANCY
Within the scope of the Law of Intellectual Property Rights, patent and trademark registration conform to the renewed legislation, is required in order to secure differences and innovations offered by businesses in their products and services.
In fields with unique legislation, such as follow-up of copyrights, intellectual industrial rights and contracts, internet-related intellectual and industrial rights, e-commerce and e-payments; and in the protection of specific copyrights such as photograph and video, entrepreneurs and private sector enterprises are represented by our expert team, which has comprehensive knowledge of most recent changes in the relevant legislation.
With regard to disputes arising due to issues such as unfair competition, confidentiality violation, litigation patents, reputation management and defamation cases, and copyrights, the parties are referred to fast remedies such as arbitration and mediation, where the interest of the relevant party would be protected; and they are represented in actions, upon request, as ultimate remedy.
COMPETITION AND REGULATION LEGISLATION CONSULTANCY
Legal compliance process of private sector firms to regulation tools of particularly Competition Authority and of other regulatory institution public agencies ensuring the regulation of the market for the private sector, is managed, and compliance to relevant arrangements of any contracts and implementations concluded and made during companies’ activities are audited by us and consultancy is provided for necessary guidance.
It is particularly important to carefully keep tabs on the potential investment field, to pay attention to issues such as monopoly creation and regulation of the market through competition-preventing transactions. Although problems, which may be encountered during mergers and takeovers, can fail to reach a significant figure, taking into consideration the capital size of the investor, a few years of personnel investment, advertisement investment, and operation investment may lead to violation sanctions much exceeding the costs.
Our expert team members represent companies before regulatory administrative institutions in case of any possible disputes, ensure competition compliance, and guide the companies according to potential risks upon testing any potential competition-related risks.
Some of the services provided by our expert team are strategic counselling on competitive rules and regulation, making of negative clearance and exemption applications, conduct of competition compliance programs and representation in private law actions.
CONSUMER LAW LEGISLATION CONSULTANCY
Any relation to be established with the consumer shall comply with the Law on the Protection of the Consumer (Law No. 6502) and relevant regulations.
Consultancy is provided on the consumer legislation compliance of consumer contracts to be concluded by the private sector with the final consumer, banks’ consumer loan contracts, product, and service.
Consultancy service provided by us within the scope of consumer relation, also covers consumers, in addition to providers.
Our team is experienced in consumer legislation, and it represents all parties of the consumer relation. In disputes, all parties of the consumer transaction are represented before the arbitration committee for consumer problems and courts.