Dr Said Al Mashaikhi & Partner Law Firm
8th Floor, Al Gazal Tower
Building No: 1540, Way No. 2724
Dr Said Al Mashaikhi & Partner Law Firm
PO Box 226
Bareeq Al Shatti
Sultanate of Oman
In Oman, the Dr. Said Al Mashaikhi and Partner Law Firm—A GCC representative office of Duane Morris—is a joint venture establishing the firm's first office in the Middle East and further expanding its geographic reach. Founded by Duane Morris and name partner Dr. Said Al Mashaikhi in the Omani capital of Muscat, the multi-practice law firm serves clients in Oman, and the other member countries of the Gulf Cooperation Council (Bahrain, Kuwait, Qatar, Saudi Arabia and United Arab Emirates) as well as companies based in the Americas, Asia and Europe that are conducting business in the Middle East.
Mergers and Acquisitions
Duane Morris corporate attorneys are experienced in developing and implementing creative strategies to help maximize value and position our clients as advantageously as possible, whether they are a buyer, seller, lender or intermediary. We can guide both early-stage and mature companies through challenging periods, whether negotiated acquisition or divestiture, hostile acquisition or defense against a takeover attempt. We aim to structure transactions and help maximize leverage to meet our clients' immediate needs and long-term business goals. We create multidisciplinary teams, comprising lawyers skilled in areas ranging from tax and bankruptcy to intellectual property and real estate to labor, benefits and environmental law and, of course, litigation. Our attorneys have experience representing acquirers, targets and financial advisors in both negotiated and hostile transactions.
Duane Morris advises financial institutions, capital markets participants and major borrowers on all aspects of complex financing structures and financial products. The firm's Corporate Finance Group blends the documentation skills of finance attorneys with the industry knowledge of lawyers focusing their practices in such areas as energy, transportation, telecommunications, waste management, infrastructure, healthcare and emerging markets.
Project Finance: We provide a range of legal experience to successfully complete sophisticated, highly structured domestic and international project financings for financial institutions, sponsors, borrowers, agents, investors and underwriters. We counsel clients engaging in a wide range of industrial and infrastructure projects, including power generation, waste management, water and mineral resources, air and surface transportation facilities and other infrastructure projects, as well as telecommunications, healthcare and divergent industrial and manufacturing facilities worldwide.
Equipment Finance: We are able to advise lenders, lessors, lessees, manufacturers and credit enhancement providers in debt financings, including secured and unsecured loans, pre-delivery financings and cross-border financings; lease financings, including single-investor leases, leveraged leases and sale-lease back transactions; and securitized leases. Our lawyers can structure, negotiate and document financing of aircrafts, rolling stock, vehicles and other surface transportation equipment; consumer equipment; and farm, construction, industrial and office equipment on behalf of manufacturers, lenders/lessors, borrowers/lessees, distributors and end users.
Asset-Based Finance: We provide financial institutions the experience necessary to successfully structure, negotiate, document and restructure asset-based finance transactions, including working capital, acquisition, refinancing, recapitalization and growth funding and deliver concise, definitive advice to asset-based lenders in the administration of complicated credit arrangements, including ever-present intercreditor and subordination issues.
Mezzanine/Private Equity: We assist at each stage of the development process, from "angel" investment for seed capital, through second and third equity raises and pre-public offering mezzanine lending and investment, to mature "club deal" private equity recapitalization, buyouts and leveraged acquisitions. We can also represent the users of capital, whether start-ups and mature companies, in their negotiations with investors in connection with working capital, bridge and acquisition investments. Our attorneys often negotiate the unwinding of burdensome, pre-existing investment structures.
Trade Finance: We can negotiate, draft and analyze a wide range of international trade finance documents and their concomitant reimbursement documents and advise in the use of standby and commercial letters of credit and the financing of domestic and international trade transactions and relationships.
We offer a full range of services related to the purchase, sale, leasing, development, financing, joint venture, syndication, securitization, use and management of real property and real estate portfolios. We advise on lease agreements, financing and loan documents, restructurings and workouts, valuation and tax issues, purchase and sale agreement negotiations, real estate development and real estate portfolio management. Al Mashaikhi and Partner will also access real estate lawyers with specific sector experience from our affiliate law firms in the Americas, Europe and Asia who represent some of the largest developers, many with signature brands, investors, lenders and real estate-oriented companies.
With experience in Oman and the surrounding GCC countries and access to Duane Morris' network of construction attorneys around the world, we are the choice of many clients to oversee their most complex and critical construction projects. Recognized among the leaders in the industry, Duane Morris' Construction Group guides clients through financing, contracting, insurance and risk management, claims preparation and negotiation, contract defaults and terminations, delay and inefficiency claims, BIM (Building Information Modeling), and sustainable design and green engineering and building. From office towers to hotels to arenas to large infrastructure projects, our lawyers have experience handling the range of issues that arise in the planning, design and construction processes.
The explosive growth of the Internet, the convergence of telecommunications and IT, and the ongoing deregulation and consolidation of the information and communications technology (ICT) industry all pose intricate new challenges for manufacturers, service providers, content distributors and enterprise technology users. We have industry-specific experience on the financial, transactional, regulatory and dispute resolution issues affecting clients in the IT/telecom space. We deal with all aspects of major commercial contracts and disputes involving telecoms, outsourcing, data content, information security, document retention and data protection.
Banking & Finance
We provide advice to financial institutions on banking issues, capital markets transactions, mergers and acquisitions and securities regulatory matters. In light of the unique risk-oriented nature of a financial institution's business and the highly regulated environment in which it operates, we recognize the importance of providing timely and seamless services.
Al Mashaikhi and Partner is able to advise on structuring products and services that meet Shariah principle requirements. We are committed to providing innovative and practical solutions to the Islamic finance and investment market. We are also able to advise on Islamic estate planning. Part of our initiative will include the transfer of know-how to key players in our financial sector via the provision of technical training. It is hoped that our efforts will raise the profile and awareness of Islamic finance and assist the development of an appropriate framework for efficient financial intermediation in this area of finance.
Al Mashaikhi and Partner and its affiliate Duane Morris attorneys have experience in relation to infrastructure, debt, real estate, private equity, hedge and sovereign wealth funds. The team can assist both asset managers and major institutional investors in setting up new investment funds and sub-funds using a variety of corporate structures in various jurisdictions; advising on associated agreements, including those for investment management, custodians and broker-dealers; and international regulatory matters particularly relating to the major markets of New York, London and Singapore, including various regulations and cross-border implications (e.g. U.S. Dodd-Frank Act and EU Directives).
Government Contracts and Defense
In the current government contracting environment, every aspect of government contract law has become more complex and demanding. For clients and businesses involved with government contracts, opportunities are ripe and hazards are abundant. Our lawyers offer a full-service practice with the breadth and depth required to effectively navigate this shifting landscape in public procurement markets at the international, national and local levels. Our clients benefit from our wide-ranging experience from compliance, government investigations and business strategy counseling, to representation in mergers and acquisitions and capital markets transactions. Our experience includes:
Bidding and Contracting: The value of government contracts is significant, and can always be a source of revenue for companies. But the hurdles that arise in securing a government contract are difficult to overcome. First, responding to specifications or a request for proposal is difficult and requires careful compliance, or the consequences can be severe. Second, many times companies feel they had the best proposal or the lowest bid, but a competitor gets the award. Third, a company may get the award of a lucrative contract and yet still have to fend off a challenge by a competitor. And, sometimes unforeseen circumstances arise. Fortunately, our attorneys are experienced in dealing with issues at every level of government. We can work with clients at any stage of their quest to fulfill their goal to be the successful bidder on a government contract.
Export Control/Sanctions/Requirements: Our attorneys assist clients in complying with the requirements of the U.S. Foreign Corrupt Practices Act, UK Bribery Act and their equivalents, navigating the often complex requirements of export control and economic sanction regulations. In addition, our attorneys work with clients and the Committee for Foreign Investment in the United States (CFIUS) to ensure that any potential mergers and acquisitions are consistent with U.S. national security goals. Finally, we work with clients to ensure that their products comply with the requirements of various acts and restrictions of the U.S., UK and other governments.
Intellectual Property: We help clients in drafting complex government contracts or navigating through the complex government contract procurement process to ensure intellectual property rights are securely protected. We offer counseling in drafting or responding to Requests for Proposals, including identification and protection of technical data, compliance with regulations, modifications to provisions and indemnification for patent infringement. We have drafted intellectual property licenses related to patents, trademarks, copyrights and technical data rights pursuant to government contract requirements. Following successful award of a government contract, we help ensure continuing compliance with regulations, including identifying and protecting our clients' intellectual property, including counseling our clients in responding to requests issued to the government entity awarding the contract.
International Procurement: We assist public and private sector procurement departments in ensuring that best practice is followed in procurement processes. We are familiar with a whole host of international procurement issues relating to matters, such as sourcing and manufacturing; import and export regulations; the propriety of certain payments; and similar topics. Our familiarity with pertinent laws, such as various trade agreements and treaties, and corruption laws, as well as the laws and regulations governing imports, exports and foreign military sales, allows us to guide clients as they tackle national and international markets.
Public/Private Partnerships: Public infrastructure is increasingly being designed, financed, built and managed through public-private partnerships. Our lawyers have skillfully negotiated arrangements in a variety of projects and are experienced in working with various national and local governments, as well as the private sector, that seek a strategic foothold in this market. The blend of experience coupled with our project finance team offers our clients a unique perspective that is often critical in forming public/private partnerships and resolving issues involving government.
Offset Programs: Offset programs (both indirect and direct) are commonly associated with large defense procurement projects. Our lawyers are familiar with the drafting and management of offset programs and dealing with associated antitrust issues and have experience in developing policies and procedures for local participation in offset programs and meeting local content requirements.
Government Affairs: Duane Morris is one of just a handful of large, international law firms with an affiliate dedicated to providing businesses with lobbying and government relations services at local, state and federal levels in the U.S. Duane Morris Government Strategies, the firm's independent lobbying and government relations affiliate, has many professionals who have served in government positions including with the U.S. Senate and U.S. House of Representatives and have extensive experience working in Washington, D.C. with the Obama Administration, the Department of Defense, Committee on Armed Services, State Department and others.
Al Mashaikhi and Partner and its affiliate Duane Morris attorneys conduct a wide array of contentious and non-contentious work in jurisdictions around the world, including numerous international arbitration matters. Experience includes admiralty & maritime; banking, finance, securities and brokerage disputes; contractual disputes; disputes arising out of partnership agreements, shareholder agreements, acquisitions, mergers and joint ventures; employment matters; intellectual property, technology, media and entertainment; insurance; property and construction disputes; and white-collar crime.
For More Information
For more information, please contact Jeffrey V. Rodwell.
In Oman, the Dr. Said Al Mashaikhi and Partner Law Firm—A GCC representative office of Duane Morris— is a joint venture which operates pursuant to a licence issued by the Ministry of Justice of the Sultanate of Oman. The joint venture represents clients in both inbound and outbound transactions originating in Oman and the other member countries of the Gulf Cooperation Council (Bahrain, Kuwait, Qatar, Saudi Arabia and United Arab Emirates) and in cross-border and other complex dispute resolution.