Commercial and Employment Litigation
The outcome of a case is often decided before the first submission is written: which claims are made, with which evidence, in what order and before which court. We build litigation and defence strategy and conduct proceedings in your commercial and employment disputes, from reinstatement and employee claims to non-compete obligations, from unfair competition to the performance of commercial contracts, and from termination for just cause to claims for contractual penalties.
What is litigation strategy?
Litigation strategy means planning from the outset which claims will be made in a dispute, which evidence will be gathered, which judicial route and court will be chosen and at what stage the company will be open to settlement. A good strategy considers limitation periods and strict time limits, the availability of injunctions and attachment, the other side’s likely defences and the cost of the case together.
In commercial cases, documents and correspondence are decisive; in employment cases, payrolls, time records and witnesses. Strategy therefore starts with reviewing the records kept before the dispute began.
What is a contractual penalty, and can it be reduced?
A contractual penalty is an amount agreed to be paid if an obligation is not performed at all or not properly. The judge may reduce a penalty it considers excessive on its own initiative. However, under the Turkish Commercial Code, a debtor who is a merchant cannot ask for an agreed penalty to be reduced on the ground that it is excessive; the Court of Cassation interprets this rule restrictively where the penalty would lead to the debtor’s economic ruin.
Scope
- Building litigation and defence strategies on matters such as reinstatement, employee claims, non-compete obligations, unfair competition, performance of commercial contracts, termination for just cause and contractual penalty claims
- Handling pre-litigation formal notices and evidence preservation
- Preparing requests for preliminary injunctions and precautionary attachment
- Representation at first instance, on appeal and before the Court of Cassation
How We Work
- Reviewing the dispute, the contracts and the correspondence
- Identifying the claims and defences, the evidence and the time limits
- Taking pre-litigation steps: formal notice, mediation or injunctions
- Preparing pleadings and attending hearings
- Conducting post-judgment appeals and enforcement proceedings
Team
Ali Gül
Founding Partner
Hasan Çakan
Partner
Enes Duran
Associate
Burcu Kulotu
Associate
Sercan Dolanbay
Associate - Trademark Attorney
Frequently Asked Questions
Can we sue a former employee who joined a competitor for breaching a non-compete?
If the employment contract contains a written non-compete limited in place, time and subject matter, and the employee held a position with access to the customer base or trade secrets, a contractual penalty and damages can be claimed. The validity and reasonableness of the restriction directly determine the outcome, so the contract clause should be assessed first.
What can be claimed in an unfair competition action?
A declaration of unfair competition, its prevention, the removal of its effects and, if there is loss, material and moral damages can be claimed. The court can also order the seizure of products and materials used in the unfair competition and the publication of the judgment.
Can we terminate a commercial contract for just cause?
In continuing contractual relationships, a contract can be terminated for just cause if there is a serious reason making its continuation unbearable. Because the existence of just cause and the procedure for the termination notice are decisive in a dispute, legal advice is recommended before terminating.
Is it mandatory to go to a mediator before filing a commercial lawsuit?
For commercial claims for payment of a sum of money and for damages, yes. A lawsuit filed without applying to a mediator is dismissed on procedural grounds.
Would you like to discuss this service? Schedule a meeting with us — the first meeting is free of charge.
Schedule a meeting