Italiano

Litigation and ADR

INDUSTRIES, TECHNOLOGY | Data Governance Act
INDUSTRIES, PUBLIC PROCUREMENT | The Council of State on exclusion clauses in public tenders
INDUSTRIES, MEDIA | The EU Commission sends request for information to Meta under the DSA
INDUSTRIES, HEALTHCARE | The ECJ on patients’ right of access
INDUSTRIES, AUTOMOTIVE | The ECJ on disclosure of vehicle identification numbers by car manufacturers

Pre-litigation legal assistance / Class and collective actions / Arbitration proceedings / Management of mediation and conciliation proceedings / Civil, commercial, corporate, financial, bankruptcy and civil liability proceedings / Follow-on claims following measures of the regulatory and supervisory authority

Our Firm is active in the area of litigation in civil law, in contractual, corporate, banking, financial and law of succession, in the area of business crisis law, procurement, commercial contracts, unfair business practices, product liability, recall campaigns, compensation from violations of antitrust regulations and consumer code.  The Firm assists prominent Italian and international clients in both pre-litigation and judicial matters before all Italian ordinary judicial authorities (Courts of First Instance, Courts of Appeal, Supreme Court), arbitration panels, ADR bodies and European Court of Justice. Our clients operate in a wide range of industries mainly in the following areas: real estate, automotive, transportation, telecommunications, traditional and renewable energy, infrastructure, healthcare, fashion, digital & media, marketing and advertising, food. We also assist individuals who own corporate interests or are involved in complex litigation due to their professional role (directors, auditors, general managers).

Our professionals have developed high skills and offer advice in a wide variety of complex litigation, mainly in the following areas:

  • shareholders’ agreements, challenges to shareholders’ and board resolutions, liability actions against corporate bodies and auditors
  • commercial contracts (supply, distribution, business promotion; authorized retailing, agency, franchising, subcontracting, commercial lease, joint venture and network contracts)
  • EPC contracts and subcontracting agreements, procurement relationships, temporary joint ventures, and claims related to such relationships
  • contracts relating to real estate (sale/purchase, preliminary agreements, lease, rent) as well as of rights in rem (mortgage, usufruct, superficie, uso, abitazione) possessory actions, recovery actions, and claims
  • banking contracts and services (bank accounts and security deposits, credit lines, mortgage, loan, structured financing, lease, guarantees); usury, compound interest, other interest, charges and commissions
  • investment services (equity and bond investments, asset management, derivative financial instruments, trading and execution of investment and divestment orders, online trading, placements, advisory services), placement and management of insurance policies and financial products; torts by persons in charge of sale networks (financial promoters, agents and insurance brokers), prospectus liability
  • collateral and personal guarantees (including mortgage, pledge, independent guarantee, patronage letters)
  • actions brought by insolvency proceedings (damages for wrongful granting of credit and/or insolvency worsening, revocation and ineffectiveness of payments); claims against said proceedings and relations with their bodies (lodgment of claims, oppositions, complaints)
  • appeals and other actions arising from successions and wills and execution of trusts
  • class actions and actions to protect collective interests of consumers; so called follow-on actions in connection with measures by Regulatory Authorities; disputes relating to product liability or unfair business practices in most industrial sectors; violations of the Consumer Code, recall campaigns and subsequent litigation
  • arbitration and ADR litigation, in the roles of defense counsel and arbitrator, both in ad hoc arbitrations and in proceedings before national and international arbitration chambers (including the ICC)

Our litigators have developed broad and specific expertise and provide legal advice and assistance in a wide range of proceedings, in particular in disputes in the following areas:

commercial contracts, including sale and supply agreements, distribution contracts and business promotion agreements (license, sale agency and franchising), building and sub-contracts, lease and lend agreements, joint ventures and other cooperative structures, assignments and transfers of businesses and going concerns;

fiduciary mandates and trusts (with a focus on execution of deeds of trust and asset distributions), as well as the laws of inheritance;

disputes in a corporate context, including challenges to ordinary and extraordinary resolutions of board and shareholder meetings, actions for corporate liability, proceedings alleging the abuse of a dominant position by majority shareholders to the detriment of the minority shareholders, as well as a variety of other disputes among shareholders or between the shareholders and the company, including in relation to share transactions, mergers and acquisitions and other transactions outside the ordinary course;

investment services (junk bonds, equity investments, customer portfolio management, derivatives, transaction and execution of investment and divestment transactions, on line trading and placement of financial instruments), policies insurance policies and financial instruments (unit and index linked), false prospectus liability, financial leasing, provision of banking services, usury, compound interest and other cases of applying passive interest, offences committed by members of the sales network (financial promoters, agents and brokers);

bankruptcy, composition with creditors, restructuring, compulsory liquidation and other insolvency procedures (including claw-back actions, compensation, restitution), voluntary arrangements with creditors, debts restructuring agreements;

arbitration proceedings and ADR, whether as counsel or arbitrators/panellists, and whether in ad hoc arbitration or in proceedings before Italian and international arbitration chambers (including the ICC);

assistance in proceedings involving liability for products in the relevant sector, including production of industrial, medicinal, and food and beverage products, as well as assisting the client with product recall and/or repair.