Practice Area

Banking and Financial Law

The Firm offers assistance and consulting to certified Italian financial brokers and foreign brokers operating in Italy with regard to various legal issues and sector regulations, including relationships with supervisory authorities (Banca d'Italia, CONSOB, Italian Foreign Exchange Office).   The Firm’s services cover the establishment of brokerage entities (brokerage firms, asset management companies, open-end investment companies, and finance companies) and their operations, in particular  with regard to compliance issues. 
With regard to banking activity, the Firm handles obligations connected to primary and secondary banking legislation, including for specific contracts.   In terms of financial law, the Firm analyzes and manages both national and international financial transactions, with a focus on the evaluation, negotiation, drafting and conclusion of financing agreements (such as loans, lines of credit, leasing, and factoring) and the relative contracts and/or guarantee agreements.   The Firm can also provide complete legal assistance for extraordinary operations such as takeover bids, initial public offerings, securitization of credits and structured finance, and for listing companies in various segments of the Italian Stock Exchange.

Contracts

The Firmoffers consulting services during the analysis, negotiation, drafting, and conclusion of any type of understanding, contract, or agreement of a commercial nature related to business activity, 
including but not limited to sales, supply, in-kind exchange, distribution, transport, franchising, merchandising, and agency agreements.

Corporate Law

In this area, the Firm offers legal assistance:  
  • in establishing a business, including the analysis, negotiation, drafting, and conclusion of articles of incorporation, by-laws, shareholder agreements, and shareholder understandings
  • during ordinary company administration, including the evaluation, analysis, management, and resolution of all business problems related to matters such as contracts, outside relationships with customers, suppliers, and banks, as well as internal relationships with employees. Within this area, the Firm also offers consulting during the examination and drafting of any document produced by internal company organs (such as minutes of shareholders’ meetings or meetings of the board of directors or steering committee)
  • during extraordinary company administration, including the analysis and management of all extraordinary operations involving share capital (such as acquisitions, mergers, spin-offs, sales of business operations and/or company divisions), as well as the examination, negotiation, drafting, and conclusion of any deed, document, or contract related to such
  • during company winding up, including the examination and management of voluntary liquidation procedures and/or insolvency proceedings; as well as
  •  in the evaluation, negotiation, drafting, and conclusion of agreements for the establishment of consortia, profit-sharing agreements, temporary associations of enterprises, and joint venturesds

Real Property Law

TheFirm analyzes, negotiates, drafts, and concludes contracts that involve buying and selling, assigning, building, and/or leasing real property for commercial, industrial and/or residential use.
In this area, the Firm assists its customers in every phase of the real property transaction: analysis, negotiation, and management of financing and the guarantees that facilitate the transaction, examination of issues related to building regulations, and any creation of temporary associations of enterprises.

Labor Law

           The Firm provides assistance and consulting in the principal areas of labor law and industrial relations, including labor disputes, resolving all problems that may affect relations between the employer and workers, from the time the initial work relationship is established to the time it is terminated, and in social insurance and social security relationships (where it deals with social law and social security law) and union relations (with regard to trade union law).            
In particular, the Firm handles labor law issues in the following areas on a daily basis:  
  • individual dismissals (oral, just cause, objective or subjective justification)
  • collective dismissals
  • resignations
  • disciplinary proceedings
  • regularization of employment relationship
  • wage differences
  • change of duties
  • disciplinary sanctions
  • occupational injuries and injuries incurred while in transit
  • proper contractual positioning
  • social security payments
  • anti-union conduct
  • mobbing
  • management of company crisis and lay-off procedures 
In addition, the legal protection our Firm offers extends to work relationships which involve the following types of contracts:  
a.     
contract for full-time, permanent work
b.    
contract for part-time work
c.     
contract for temporary work
d.    
project-based coordinated and ongoing collaboration
e.     
training contracts (apprenticeships and temporary job training agreements)                                                The Firm extends its sphere of operations by providing assistance in company problems that involve the conclusion, interpretation, execution, and termination of agreements, contracts, and understandings concluded with its workers, assistants, and managers, or the drafting of contracts for employment (such as full time, part time, permanent and temporary) and project-based collaboration, training contracts (such as apprenticeships and temporary job training agreements), as well as independent contractor agreements and termination and settlement agreements.   The structure combines its sharp focus on business and corporate law with the skills of its labor experts in order to prepare stock option and incentive plans for employees.

Mergers and Acquisitions

The Firm offers consulting for company mergers and acquisitions, in particular the analysis, negotiation, drafting and conclusion of the related contracts and agreements. 
In this area, it also provides document audit and control services (due diligence) in connection with legal problems and issues.

Bankruptcy Law

The Firm handles bankruptcy matters, including the analysis, study, and resolution of all problems related to various insolvency procedures, such as bankruptcy, arrangement before bankruptcy, and administrative compulsory liquidation. 
It also assists companies experiencing economic-financial difficulties, working with outside consultants to prepare company restructuring and reorganization plans.  

Insurance Law

The Firm offers legal assistance to primary insurance companies in both non-judicial matters, including the analysis and management of contractual relationships with the respective agency networks, and in litigation matters, 
where it manages numerous civil liability proceedings and settlements before the ordinary courts and/or alternative dispute settlement bodies.

Industrial Law

The Firm assists its clients in all legal matters related to the protection and utilization of industrial property rights, such as trademarks, patents, inventions and models. 

It offers consulting in the analysis, negotiation, drafting, and conclusion of contracts for the sale or licensing of trademarks and patents, as well as agreements for the transfer of know-how. 
It also offers assistance in judicial matters by filing and managing actions to protect distinctive marks, such as trademark infringement actions, injunctions, seizures, and claims for damages. 
           
The Firm also provides consulting in research, analysis, and registration of claims regarding models, designs, trademarks, and patents with the competent offices and bodies.  

The Firm also offers legal assistance before the competent bodies on matters related to competition and deceptive advertising.

Copyright

The Firm examines, negotiates, drafts and concludes contracts related to professional activity and the use of image rights for numerous national and international artists (actors, singers,  television hosts).   It assists companies involved in the production and distribution of creative works in the areas of cinema, theater, television, advertising, and music.   It structures and manages commercial relationships between companies for purposes of creating all principal television products (programs, variety shows, films, TV series, video clips, television sales). 
It manages relationships with the most important national and local television broadcasters.   It works with leading management agencies for artists, show business personalities, and models.   It works with companies, bodies, and associations which operate internationally.

Sports Law

The Firm works on behalf of professional and amateur sports clubs, both in Italy and other countries, analyzing, negotiating, drafting, and concluding contracts for the sale of rights to use the sports services of athletes, agreements for the acquisition of rights to use their images, and merchandising, licensing, and sponsorship contracts.
            It also handles the interests of numerous professional athletes, using consulting services that include agents with a regular international license.       

It also assists clubs and athletes before national and international sports law bodies.

Credit Collection

The Firm also offers assistance in proceedings aimed at guaranteeing full credit collection, making use of the instruments offered by creditor protection laws, including the following:  
a.     
if the credit right is incorporated in a special title with recognized enforceability (such as bills of exchange, bank checks and/or other documents to which the law attributes the same effectiveness), by promptly filing ad hoc enforcement actions against any assets owned by the debtor
b.    
if the legal conditions are met, by filing a petition for payment order (i.e.,a court order requiring the debtor to pay), that is provisionally enforceable in order to allow the creditor to take immediate action to force compliance without having to file an ordinary legal action; and
c.     
when the proceedings set out in points a) and b) above are not possible, by going before the ordinary courts by filing an action to ascertain the existence and amount of the credit, and, for that purpose to obtain an order against the debtor forcing compliance

Family and Inheritance Law

The Firm offers assistance in every aspect of family law, with a focus on issues related to divorce and legal separation, the family property law system, paternity issues, and adoption.
            With regard to inheritance law, the Firm assists its clients in matters related to the acquisition and division of inheritances and in the area of testamentary succession and the receipt of bequests.

Litigation and Arbitration

The Firm offers legal assistance in actions before the ordinary courts, arbitrators, or alternative dispute settlement bodies. 
Due to its strong international focus, the Firm’s professionals can provide consulting for disputes arising from the conclusion and execution of commercial agreements subject to foreign laws and jurisdictions.

Trusts and Asset Management

The Firm offers assistance in analyzing, preparing and perfecting documents establishing trusts.   A trust is a legal instrument, borrowed from English law, that is not typical of common “civil law” instruments and Italian legal practice, in which, based on a need for confidentiality, English – and now Italian – practice has begun using a system of fiduciary title to assets, by means of which the owner (“Settlor of the Trust”) transfers assets (“Trust Fund”) to a person (“Trustee”) so that he/she can manage them on behalf of a beneficiary (“Beneficiary”).   The fundamental purpose is to completely segregate property rights to the assets transferred in trust, which are separated from the assets of the Settlor, who “divests” himself of his assets, which come under the control of the Trustee, who will assume title to such.
Civil law advantages:  
           ·         
Assets held in trust are not subject to attachment or seizure When the appropriate requirements are met, the assets which the Settlor transfers to the Trust are not subject to attachment or seizure. In fact, assets placed into a Trust Fundare not subject to attachment and/or seizure, as they are the property of the Trustee, who is not the party subject to attachment or seizure. The Trustee does not have full title, however: these assets in fact remain separate from the Trustee’s personal assets.  
           ·         
Shielding of assets This is due to the fact that the Settlor is clearly separated from his assets (he divests himself of full ownership), with authority to manage the assets assigned to a third party: the Trustee, who has the power-duty to manage and administer the Trust assets with diligence and professionalism. The Settlor no longer has title to the assets placed in the Trust.
Fiscal Advantages of a Trust:   Assets placed in a Trust no longer belong to the Settlor, and consequently they are not part of his assets/income.   Moreover, a Trust can result in lawful tax savings which, if determined legal and organizational prerequisites for the Trust are met, can be extremely advantageous in terms of taxes.

International Relations and Cooperation

The Firm has significant experience in international relations and problems of foreign markets: its ability to assist international clients in Italy and Italian clients abroad has in fact always been one of the Firm’s distinctive traits.   The globalization process of recent decades has required an expansion of horizons in terms of historic, economic, legal, and political knowledge, and now more than ever, the Firm’s experience in international relations is of fundamental importance, as most operations on the market and an increasing number of disputes involve international components, aspects, or stakeholders. 
To meet the vast demand of industrial, commercial, and services enterprises, the Firm offers its clients communications professionals, experts in marketing, communications, retailing, market research, and event and experience management, who are in direct contact with private multinationals, foreign diplomatic delegations, and offices of international bodies. They can manage information, relationships, and resources as well as support administrative and project-related activities which involve international relations, and are thus capable of transmitting that orientation to the market – the foundation for any commercial and relational success.   This allows the Firm to offer its clients fast, integrated, top level assistance in any international operation or activity.

Tax Law

The Firm offers consulting on matters related to corporate and personal income taxes.   Professionals handle every fiscal aspect involved in carrying out any corporate operation, in order to maximize the relative benefits.           
In addition, the Firm offers consulting on what tax system to apply to the income of physical persons and income from employment relationships.

Contests and Promotions with Prizes

The firm offers assistance in organizing and managing contests and promotions with prizes, whether they are based on random entry in a competition or require the purchase of a product or service, as governed by current laws.
As part of this activity, the firm handles the preparation and drafting of rules for contests and promotions with prizes, completing and sending all documents required by current laws, requesting access for officials, providing assistance for the full duration of the contests or promotions, and in general handling all obligations for the entire procedure until the contest or promotion ends.  

Administrative Law

The Firm offers assistance and consulting on administrative law, in particular in the area of public tenders and urban planning.   Particular attention is also focused on regional and local government law, systems which manage local public services (public companies) and local public transport. 
In litigation matters, it offers assistance before administrative courts, including the Tribunal of Public Waters and the judge of the Court of Accounts.

Criminal Law

The Firm offers assistance in criminal matters, especially but not limited to the following sectors:
  • a.      crimes against the public administration and the public trust
  • b.     offenses involving organized crime (criminal association, Mafia-type associations, prevention measures)
  • c.      crimes against the person and property
  • d.     negligence related to traffic accidents
  • e.      professional liability of health providers and businesspeople
  • f.       libel
  • g.      crimes included in the Consolidated Law on drugs; and
  • h.     crimes related to immigration and juvenile criminal law