Home Capabilities Additional Areas of Practice

Consumer Products and Marketplace

1. Agency and Distributorship

• The often preferred, and easiest method of doing business in the GCC is typically done by engaging a local agent or distributor. However, there are specific laws that are relevant to these relationships that may impact the rights and obligations of our clients (regardless of whether they are the foreign principal or a local agent/distributor). Our experience in dealing with these relationships allow our clients to be informed of the legal risks and provide our clients with the flexibility of determining which business relationship is right for them and how to mitigate their concerns.
• Our attorneys have drafted countless agreements in favour of local agents/distributors and foreign principals (respectively), weighing their personal interests and tailoring each agreement in a manner to place our clients in the most optimal position to achieve their commercial ambitions.
• The laws of the GCC have evolved to protect local entities in their relationships with their foreign principals. In addition, other local pitfalls involving taxation and trademark issues may affect foreign principals wishing to do business in the region through an agent or a distributor, and countless ancillary areas of law may very well be intertwined. The Firm has extensive experience in advising these principals with respect to all these matters.
• Our practice in this area includes drafting and negotiating agency arrangements between the parties, minimizing the advantages that the GCC laws give to protect local entities and ensuring that little or no taxation results from the transactions and taking steps to protect the brand names of the foreign principals.
• In addition, since the early 1990’s franchising has become quite popular in the GCC states. While the laws in this region are still evolving to catch up to this type of business, we can offer practical advice to structure franchise deals based upon current law.
• Our Attorneys’ Experiences:
• Represented global and Fortune 500 corporations in various industries seeking advice on the requirements and impact of doing business in the GCC.
• Our attorneys have prepared and negotiated various relationship agreements ranging from standard agency and distributorship agreements, to joint ventures, manufacturing, engineering, construction, and procurement and project agreements.
• Provided extensive advice in favor of one of the largest multinational chemical and agricultural biotechnology corporations with respect to the local rules and regulations concerning its proposed sale, distribution and import of products in Kuwait. Scope of work included extensive research of local laws, GCC agreements and ministerial resolutions, as well as meeting with various representatives and experts in relevant government ministries in order to identify, interpret and report applicable rules and regulations.
• Assisted in the negotiation and drafting of area franchise agreements and store franchise agreements for companies in various industries, including clothing and food retail.

Our Services:

• Provide thorough advice on the rules, regulations and risks associated with entering an agency/distributorship relationship.
• Identifying local agents to sponsor foreign principal employees working in the region.
• Assisting in the engagement of local agents/distributors.
• Counsel on all relevant legal areas which may impact the operations of the principal.
• Follow-up with the relevant government authorities to determine specific rules and regulations which may impact the import of certain products or the provision of services.
• Drafting and registering specifically tailored agency and/or distributorship agreements.

2. Aviation & Aerospace

• Our attorneys have advised foreign and domestic corporate and individual clients on issues related to purchasing, leasing and registration of aircrafts including planning for and implementing financing structures as well as advising on issues related to aircraft management arrangements.

Our Attorneys’ Experiences:

• Acted as lead counsel in the establishment of an aviation leasing joint venture company to acquire 70 Airbus 320s aircrafts for a USD2 billion acquisition and financing.
• Conducted sale and lease of multiple aircrafts on behalf of both buyers and sellers including private and government entities.
• Prepared preliminary and subsequent definitive agreements and negotiated commercial terms for numerous aircraft purchases
• Acquisition of a USD2 Billion 747 aircraft & engines through acquisition financing.

3. E-Commerce and Internet

• We advise clients on all aspect of intellectual property issues and concerns. We protect clients’ copyrights, trademarks and handle domain name disputes and can handle disputes related to patents related to technical and business processes. We provide strategic intellectual property advice and representation throughout the life cycle of a product or service, from the research and development phase through licensing and launch.
• Our attorneys and legal consultants provide a full range of high-quality legal services to hi-tech companies and other companies engaged in doing business electronically. Our focus is to address the continually evolving local and international legal and commercial issues which take place in the cyber-arena.
• The complexity of doing business electronically raises a host of legal questions that are further complicated by the continued globalization of world economies. While the Internet has developed into an efficient and ever-expanding means of doing business, businesses must proceed with caution. Our responsibility is to provide our clients the knowledge of the legal risks involved and communicate the exposure they may have to adverse laws in this regard.

Our Services:

• Drafting and updated online terms and conditions of use and privacy policies.
• Advising on legal issues pertaining to websites and other online commerce or communication mediums.
• Doing business through e-commerce including the drafting e-business and partnering agreements.
• Advising on the risks of doing business online.
• Advise on online shrink-wrap licensing and related agreements, warranties and other issues.
• Advising on software licenses.
• Provide legal support on documentation for co-marketing and online distribution arrangements.
• Provide web-hosting agreements.
• Advising on compliance issues with local laws.
• Establishing a presence on the Internet.
• Advice on data protection.
• Litigation of disputes arising out of e-commerce.
• Drafting various e-contracts and e-agreements.
• In addition to providing legal advice and support in order to protect trademarks, trade names, copyrights and patents, we also provide advice and support in protecting our client’s
trade secrets and other proprietary information.
• Tax.

4. Employment

• Our services include advising on employment laws and providing practical solutions to client issues while balancing our clients’ long-term goals with regard to human resource sustainability and limiting unnecessary corporate expenditures.
• We also provide advice on local hiring rules, regulations and up-to-date practices and policies. In addition, we are able to draft employment contracts of all levels and provide internal human resource policy documentation.
• Employee matters are often intertwined with other legal issues, and, at times may lead to dispute. To deliver the best solutions, we align our skills and creative problem-solving solutions with the talents of our pedigreed litigation attorneys.

Our Services:

• Recruitment issues.
• Contracts of employment.
• Employment policies (ranging from performance, sickness and misconduct procedures, maternity and parental leave schemes to internet and email policies).
• Boardroom disputes and severance claims (including team moves and post termination restrictions).
• Advice on non-solicitation and non-competition agreements.
• Advising on achieving diversity in the workplace and at board level.
• Alternative dispute resolution including arbitration.
• Corporate reorganizations and restructuring (including harmonization of terms, redundancies and dismissals).
• Privacy laws and data protection.
• Employment litigation (including all areas of breach of contract claims).
• Executive remuneration and corporate governance.
• General employment issues (including labor and employment standards and general contractual issues).
• End-of-Service Indemnities.
• International mobility including dual contracts.
• Health and Safety.

5. Entrepreneurship

• We recognize the importance of entrepreneurship in the region. We have adopted a unique initiative aimed at identifying, supporting, and nurturing the young and rapidly growing entrepreneurship community.
• Start-ups are being established at record paces. Unfortunately, many of the individuals behind these start-ups are first-time business owners, and therefore do not have the experience to make informed decisions. In addition to being legal counsellors, we also have a duty to provide practical advice aimed at addressing issues that matter most to our clients. Our objective is not only to advise the entrepreneurship community, but also to educate them. In this regard, we offer our extended hand of support and have adopted the long-term objective of helping develop our relationship alongside the development of our clients’ businesses.

6. Foreign Direct Investments

• While the GCC states traditionally have not allowed substantial foreign ownership in local business entities, these countries have begun liberalizing their company laws in recent years. Foreign companies may now own larger interests in companies, in some cases holding a majority to total ownership, especially in the event that the foreign shareholder is seen as bringing benefits to the country such as technology or capital. The Firm has a long track record in assisting foreign shareholders in this respect and safeguarding their interests based upon both local law and practice.

Our Attorneys’ Experiences:

• Assisted local and international clients in incorporating companies and branches in the GCC, including the assistance of a major Japanese electronics corporation in establishing a company and branches of same in Kuwait.
• Drafted various joint venture, partnership and shareholder agreements.
• Advised one of the largest international courier service companies on a joint venture in the State of Qatar including preparation of joint venture agreement, strategy and management-related issues.

7. Government Relations and Lobbying

Our collective knowledge of “the way the government works” derives from the skill and experiences of our attorneys and legal consultants. Our attorneys work with officials and representatives at all levels of the government to develop innovative regulatory approaches, to persuade agencies to amend or re-interpret regulations, or to convince courts to interpret laws in the way we believe the legislators intended the rules to be implemented.
Our understanding of the complexities of local government bodies, rulemaking processes and regulatory frameworks is augmented by knowledge of specific industry sectors those agencies regulate, enabling us to provide expert advice on the impact of proposed or pending internal policy changes, potential impact of those changes and how best to plan for pending regulatory changes well in advance of their realization.

8. Government Tenders & Contracts

• Our attorneys have extensive experience in all aspects of government contracts, aviation and military sales. In addition to representing the “private-side” of government contracts, our attorneys have routinely advised various government ministries and representatives on a wide range of legal matters. This has enabled us to form long-lasting relationships with a multitude of diverse and experienced clients, both domestically and internationally.
• Our attorneys’ experiences allow us to offer consultations to our clients with respect to all phases of government contracting including, but not limited to, counselling regarding bid procedures and requirements, post award contract interpretation and performance issues, cost pricing issues, protection and enforcement of intellectual property rights, and licensing requirements. Our attorneys work closely with the relevant authorities to ensure that all procedures and requirements for all phases of government contracting are dealt with in a timely and efficient manner to ensure the client receives the best legal services.

Our Attorneys’ Experiences:

• Drafted consortium agreement for a collaborative group of participants and investors to bid on multiple government tenders.
• Represented and advised several former government ministers, state-owned institutions and senior government officials in a wide range of disputes.

9. Insurance

• HLG has established long-term relationships with the insurance sector, including Kuwait Insurance Company with more than 12 years of solid and successful legal solutions. Our disputes team provides contentious advice on the full range of insurance disputes in Kuwait and region. We focus on the specific requirements of insurance and reinsurance providers throughout our key industry sectors including, Petrochemical, Construction and Engineering, Motors, Healthcare, Marine and Aviation.
• Al Hamad Legal Group reviewed coverage and insurance policies for large commercial losses, primarily under commercial general liability policies, HLG’s attorneys are ready to pursue insurance litigation following analysis of primary, excess and umbrella policies.

10. Intellectual Property

• As Kuwait (and much of the GCC) does not have developed intellectual property laws (e.g., patent laws), there is an additional responsibility on us to protect our client’s interest. We understand that in the age of intangible and digital assets, our clients’ need to protect their intellectual property has become more vital than ever before.
• Often, intellectual property issues are not raised or addressed in a vacuum—they transcend other practice areas such as M&A and general Corporate and Commercial Laws. Our attorneys and legal consultants are adept at handling intellectual property matters embedded in layers of complex legal issues.

11. Oil & Gas

• Today's oil, gas and petrochemical industries reach into every corner of the globe—and into challenging markets such as the GCC and practice areas. We provide our clients with efficient and innovative solutions to their commercial, legal, regulatory and structural challenges, including but not limited to:
• Project development and financing of large-scale field developments, including sponsor agreements such as project development and operation agreements.
• Mergers, acquisitions and Oil & Gas related joint ventures.
• Intellectual property, including evaluation and acquisition of technology licenses and obtaining patents and sales of technology.

12. Tax and Offset

• Clients benefit from technical expertise and in-depth local knowledge of our tax practice. We provide timely, effective advice on evolving tax law, policies and practice. We team with local accountants and tax experts to seamlessly generate practical solutions for our clients' tax challenges.
• Our work is centred on a balanced perspective. We add value to our client-relationships through our innovative and practical approaches to mitigate our clients’ exposure to tax on various commercial activities.
• Our successful tax practice has involved, most notably, successfully challenging tax claims by the Department of Income Tax in favor of clients who allegedly owed USD50 million in taxes.
• In addition to tax implication on certain foreign principals, we have also advised on possible offset obligations of foreign principals who are doing business in Kuwait under certain circumstances.