Team/Giuseppe Mazzaglia

Giuseppe Mazzaglia attended Collegio Augustinianum and graduated with a law degree from the Catholic University of Milan in 2002. After some years with the law firms of prof. Gustavo Ghidini and prof. Fabio Franchini, he worked at leading international firms, among which Ashurst LLP and Grimaldi law firm. He assists clients in a wide range of Civil Law, Commercial, Corporate, Banking and Finance proceedings, for both routine as well as arbitration cases. He also has an extensive background in commercial contracts and specifically with distribution agreements (agency, commission, franchising, sales concession, and business procurement), freight agreements and tender contracts. Giuseppe joined Orsingher Ortu – Avvocati Associati in 2015. He was admitted to practice in 2005 and speaks english.

PRACTICE AREA

Litigation and ADR

We have extensive experience in corporate and commercial litigation, particularly in matters raising issues of civil, company, commercial, banking, financial and insolvency laws, as well as disputes in relation to product liability. We assist major Italian and international clients in out of court settlements, legal proceedings before the Italian Courts and in the context of mediation, arbitration and other alternative dispute resolution. Our client base of leading Italian and international corporates covers a broad range of sectors, including banking & finance, fashion, telecommunications & technology, digital & media, marketing and advertising, travel & leisure, healthcare, food, industrial manufacturing and telecommunications. In the area of corporate law, we are also active in assisting key leading individuals who (resulting from their office) are involved in complex legal proceedings, e.g. CEOs, CFOs, executives, statutory auditors, and managing directors). [open_background background_title="Areas of practice" background_sub_title="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: "][/open_background] [text_boxed_cento text_content="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;"][/text_boxed_cento] [text_boxed_cento text_content="fiduciary mandates and trusts (with a focus on execution of deeds of trust and asset distributions), as well as the laws of inheritance;"][/text_boxed_cento] [text_boxed_cento text_content="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;"][/text_boxed_cento] [text_boxed_cento text_content="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);"][/text_boxed_cento] [text_boxed_cento text_content="bankruptcy, composition with creditors, restructuring, compulsory liquidation and other insolvency procedures (including claw-back actions, compensation, restitution), voluntary arrangements with creditors, debts restructuring agreements;"][/text_boxed_cento] [text_boxed_cento text_content="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);"][/text_boxed_cento] [text_boxed_cento text_content="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."][/text_boxed_cento] [close_background][/close_background]

PRACTICE AREA

Intellectual Property - Media - Technology

Our firm offers specialised assistance on legal matters related to intellectual property, media and technology to domestic and international clients, including TV and film production companies, television channels, advertising agencies, e-commerce platforms, software vendors, providers of information technology and cloud computing services, and clients active in a variety of sectors, including luxury & fashion, travel & leisure, pharmaceutical & healthcare, gaming & gambling, industrial manufacturing, automotive, and telecommunications. The added value we provide to clients is generated by our experience in the following three areas: [text_boxed text_title="Advisory" text_content="We assist our clients in planning their strategy for the development and protection of their technology, inventions and competitive positioning tools, as well as in setting out their policies for compliance with the rules on consumer protection, audiovisual media and telecommunications, e-commerce, advertising, gaming and promotions, privacy and data protection."][/text_boxed] [text_boxed text_title="Contractual advisory" text_content="We advise clients on the drafting and negotiation of contracts for the acquisition, licensing and syndication of patents, trademarks, models and inventions; contracts for the transfer and licensing of proprietary technology (whether patented or not); agreements for co-production, distribution, exploitation of broadcasting rights, dubbing; sponsorship, franchising and merchandising contracts; outsourcing and agreements for the supply of IT services."][/text_boxed] [text_boxed text_title="Litigation" text_content="We deal with precautionary measures and other urgent proceedings, as well as court proceedings and arbitration with the objective of causing relevant counterparties to cease unfair competition and counterfeiting. We also assist in seeking available remedies against piracy (whether online or otherwise) as well as dealing with cyber security matters. "][/text_boxed] [open_background background_title="Areas of activity" background_sub_title=""][/open_background] [text_boxed_cinquanta text_title="E-Commerce" text_content="We advise on compliance with the rules on e-commerce, consumer protection and privacy, advertising, games and other online promotions, both in the ordinary course of business and in the context of judicial and administrative proceedings for unfair business practices before the Italian Competition Authority (AGCM) as well as proceedings before the Italian Data Protection Authority."][/text_boxed_cinquanta] [text_boxed_cinquanta text_title="Entertainment and media" text_content="We assist our clients on the production, protection and exploitation of proprietary audio visual, editorial, musical and entertainment content online and offline. We draft and negotiate acquisition, distribution, co-production, licensing, dubbing and merchandising contracts, and advise clients in their compliance with the relevant legislation on audio visual media and publishing. We also assist clients in the context of anti-piracy proceedings."][/text_boxed_cinquanta] [text_boxed_cinquanta text_title="Fashion/Made in Italy" text_content="We protect clients’ trademarks and designs against counterfeiting and imitations, including the organisation and management of international brand protection programmes. We negotiate and draft contracts for the acquisition and licensing of marks and models, as well as sponsorship, distribution, merchandising and franchising arrangements."][/text_boxed_cinquanta] [text_boxed_cinquanta text_title="Advertising" text_content="We advise both advertising agencies and advertisers on the drafting and negotiation of advertising contracts, the clearance of the copy & art for specific ads and campaigns, as well as assisting in proceedings before the Jury of the industry body (IAP), the Italian Competition Authority (AGCM) and the ordinary courts."][/text_boxed_cinquanta] [text_boxed_cinquanta text_title="Software" text_content="We support clients in the development and evolution of their proprietary software and its commercial exploitation by way of contractual arrangements for license, distribution and use, as well as service contracts customary in the sector: maintenance and technical support, application maintenance and consulting."][/text_boxed_cinquanta] [text_boxed_cinquanta text_title="Technology" text_content="We protect the patented and non-patented know-how of our clients and support them in the drafting and negotiation of arrangements for the transfer and exploitation of proprietary technology, including in the context of complex outsourcing arrangements and the provision of IT and cloud computing services. We support these clients in the context of ordinary litigation and arbitral proceedings on a variety of issues, including cyber security."][/text_boxed_cinquanta] [text_boxed_cinquanta text_title="Pharmaceuticals and Life Sciences" text_content="We act to protect the trademarks and patented specialties of our clients, including in the context of patent disputes. We assist in the drafting and negotiation of contracts for the transfer and use of proprietary technology, in the creation and sharing of registration dossiers, and authorisation for commercialisation. We draft and negotiate confidentiality agreements, supply arrangements for active principals and research and developments contracts. We also advise clients on regulatory compliance in the production and sale of pharmaceutical products and biotechnology discoveries."][/text_boxed_cinquanta] [close_background][/close_background]

giuseppe.mazzaglia@orsingher.com