Litigation

Litigation can be a traumatic ordeal for a commercial enterprise. Regardless of its size and complexity, a commercial dispute has the potential to disrupt a business, requiring the diversion of valuable time and resources which could be better spent on more profitable endeavours. Oftentimes, litigation may well threaten a company’s survival. We meticulously review every matter in order to provide our clients with a clear understanding of the risks, costs and timescales involved in litigating or defending a claim.

We also oversee third-party investigations and work closely alongside court-appointed experts.

In our view, the foundations of a strong defence lie on mutual trust and close collaboration with our clients.

Our approach has often proved a winning strategy in pinpointing our clients’ objectives and achieving their goals. We strive to be more than just legal advisors, but seek to guide our clients towards the best litigation strategy by identifying the right questions to ask, the right type of proceedings to pursue and the right time to settle. All this stems from our in-depth knowledge of the law and outstanding ability to prioritise individual needs and goals.

In addition to assisting larger companies and groups both in Italy and abroad, we also advise smaller businesses and individuals involved in corporate disputes (directors and auditors), as well as private clients (often for inheritance disputes).

We have extensive experience in banking and insurance litigation and are renowned for our effective, quality and competitively-priced service.

 

Here’s what sets us apart

  • Litigation is one of our main practice areas, with over 50 litigation experts. Furthermore, our International Arbitration Focus Team is unique in Italy for its size and experience in assisting companies in complex international disputes
  • We have handled many prominent domestic cases involving corporate, bankruptcy and environmental law

Competition Litigation Task Force

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Case Studies

Recovery and Resilience Facility: intervention areas, procedures and EU law aspects

The facility is basically a fund to help the European economy recover from the economic and social impact of the pandemic and to make companies more sustainable, resilient and better prepared to face the challenges and opportunities with the transition to green and digital. The European Comm …

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Italy’s Green New Deal – the SACE green guarantees - new investment opportunities for Italian companies

SACE has taken on a new role in Italy’s Green New Deal, and the very end of December 2020 – just six months after its introduction – saw the execution of the first green loan agreement with a SACE green guarantee. This new responsible investment instrument provides fundamental support …

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Investment opportunities for the Ethiopian diaspora community

Foreign nationals of Ethiopian origin can contribute to the development and prosperity of their country of origin. Consequently, restrictions on foreign nationals regarding the use of economic, social and administrative services do not apply to foreign nationals of Ethiopian origin who hold an …

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Covid-19: updated vademecum to 22 Jan.

The end of last year and the start of this one saw a slew of new rules affecting both business and daily life. To help you keep track of everything, our Covid-19 Task Force has updated the affected sections of the vademecum: labour law, bankin …

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Latest developments in transfer pricing: the new regulation on transfer pricing documentation

On 23 November 2020, Regulation No. 360494 (“2020 Regulation”) was issued, which sets out the new rules on transfer pricing documentation requirements. It replaces the previous Regulation No. 137654 of 29 September 2010 (“2010 Regulation”) and is effective as of the current tax year. …

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Covid-19: vademecum updated to 10 Dec.

The government introduced/extended various measures at the end of November to support businesses and citizens throughout Italy: (a) the Ristori-ter Decree; (b) Law No. 159 of 27 Nov. 2020, which converted into law (with amendments) the law decree that extended the national state of emergency to …

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ICC Arbitration Rules 2021

New Arbitration Rules of the ICC will enter into force on 1 January 2021 and will apply to proceedings commenced after that date. The 2021 Rules reflect the most recent trends in the industry (e.g., transparency, the digital transition, flexibility and streamlining of the proceedings), witho …

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UAE Announces 100% Foreign Ownership of Commercial Companies

On last 23 November President of the UAE issued a decree (the “Decree”) which radically overhauls the existing foreign ownership regime in the UAE. Announcement of the Decree will be a welcome news to foreign investors contemplating doing business in the UAE and investors already present …

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Covid-19: vademecum updates following Prime Ministerial Decree of 3 Nov. and the “Ristori bis Decree”

New restrictive measures (which vary by region) have been introduced by Prime Ministerial Decree of 3 Nov. (in force 6 Nov. - 3 Dec.), and further financial measures to support workers and businesses affected by the new restrictions have been introduced by the “Ristori bis Decree” (Law Decr …

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Covid-19: vademecum updates following Prime Ministerial Decree of 24 Oct. and the "Ristori Decree"

Prime Ministerial Decree of 24 Oct. introduced further restrictive measures (to those introduced with the prime ministerial decrees of 13 and 18 Oct.) to combat Covid-19. And the Ristori Decree (Law Decree No. 137 of 28 Oct.) introduced financial measures to support workers and businesses affec …

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More filings, few conditions: a glimpse into the Italian government’s 2019 FDI screening report

The Italian government recently published its annual FDI screening report for 2019. Despite the wider scope of application and the growing number of transactions subject to FDI screening, conditions were imposed in only 13 cases (approx. 16% of the total number of filings). Perhaps not so su …

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Extension of the deadline to waive ‘Tremonti Ambiente’ tax incentive to allow taxpayers to continue benefitting from the feed-in tariff incentive

Taxpayers now have until 31 December to notify the Italian tax authority of their wish to waive the ‘Tremonti Ambiente’ tax incentive and thus continue benefitting from the feed-in tariff incentives under Energy Bill III, IV and V. This is thanks to the conversion law of the Simplification …

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Covid-19: updated vademecum following the conversion into law of the Simplification Decree

Law No. 120 of 11 September 2020 converted the Simplification Decree into law and thereby amended some of the measures initially introduced to support businesses and citizens throughout Italy. The amended measures relate to administrative law, criminal liability, corporate law, transport, an …

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Salient features of Ethiopia’s logistics policy

Ethiopia has laid out its first ever policy on the logistics sector. The policy endorsed by the council of ministers and published by ministry of transport is expected to serve as a guidance for further legislative enactments and determine the set up and function of public enterprises that serv …

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Covid-19: updated vademecum following the enactment of the August Decree

August in Italy saw the enactment of two key pieces of legislation: Prime Ministerial Decree of 7 August and the August Decree (Law Decree No. 104 of 14 August on urgent measures to support and relaunch the economy). These decrees have changed the framework of measur …

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EPC contracts and indirect tax treatment in Egypt

What indirect tax aspects do non-Egyptian contractors need to consider in relation to Egyptian EPC contracts entailing services to be partially performed outside Egypt?

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Covid-19: updated vademecum following the enactment of the Simplification Decree and the conversion into law of the Rilancio Decree

The long-awaited Simplification Decree (Law Decree No. 76 of 16 July, on “Urgent measures for simplification and digital innovation”) was recently enacted, which together with the Rilancio Decree’s conversion into law (Law No. 77 of 17 July) has brought significant changes to the Covid-19 …

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Covid-19 vademecum: updates to the administrative law, tax law and labour law sections

The resumption of business operations has been accompanied by measures on various fronts to support citizens and businesses, especially manufacturing. June saw key measures introduced with Prime Ministerial Decree of 11 June (replacing Prime Ministerial Decree of 17 May), Law Decree No. 52 o …

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Covid-19 and Egyptian Law Key Issues: Amendments to personal income tax law

The Covid-19 outbreak in Egypt and in many areas of the Middle East and North Africa has led to a public health emergency and unforeseen challenges for businesses. It has also led to uncertainties, including from a tax/legal perspective. No doubt you are asking yourself many questions, espec …

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Ethiopia: Investment Proclamation n. 1180/2020

The Ethiopian government has issued a new investment proclamation, with a view to enhancing the role of the private sector and increasing the country’s global competitiveness. The Ethiopian Council of Ministers must still specify the details of the new investment framework in an upcoming r …

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Covid-19: impact on construction companies’ arbitrations

In the current Covid-19 scenario dispute finance can be a useful alternative to corporate finance tools. Government-imposed shutdowns are having serious financial implications for construction companies involved in international projects. Managers are having to choose between competing prio …

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Covid-19: vademecum updated in light of Law No. 40 of 5 June converting (with amendments) the Liquidity Decree into law

Law No. 40 of 5 June (converting the Liquidity Decree into law) has extended and introduced changes to some of the measures to support businesses and citizens throughout Italy. The major changes concern access to credit and liquidity support, safeguarding business continuity, tax benefits, t …

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Applicability of Legislative Decree No. 231 of 2001 to foreign companies that do not have offices in Italy

For the first time since Legislative Decree No. 231 of 2001 (“Decree 231”) entered into force the Italian Supreme Court expressed its view on the issue of Decree 231’s applicability …

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The United States, Mexico and Canada Agreement (“USMCA”)

With the conclusion of the ratification process, the United States Mexico and Canada Agreement (USMCA) is set to enter into force on July 1, 2020.  The USMCA, replacing the NAFTA, will notably limit the scope of using arbitration to resolve investment disputes to those concerning violation of …

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Covid-19: Phase 2 kicks off – updates in light of the Rilancio Decree (Legislative Decree No. 34 of 19 May), the Ripresa Decree (Legislative Decree No. 33 of 16 May) and the related Prime Ministerial Decree of 17 May

The last few weeks have seen significant changes to the legal framework governing many of the most crucial aspects of our daily lives and work: the Ripresa Decree (Legislative Decree No. 33 of 16 May 2020, entitled “Further urgent measures in response to the Covid-19 epidemiological emergency …

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Covid-19: Ethiopian Law Key Issues

The Covid-19 outbreak in Ethiopia and in many areas of the East Africa has led to a public health emergency and unforeseen challenges for businesses. It has also led to uncertainties, including from a tax/legal perspective. Furthermore, as you may know, the Council of Ministers of Ethiopia h …

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Merger reviews in the time of Covid-19: the failing-firm defence

The Covid-19 pandemic and the measures adopted by national authorities to contain it have already caused an economic downturn and put numerous businesses in difficulty. Merger reviews by the Commission and national competition authorities will take these consequences into account, under cert …

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Covid-19 and the sports industry: the first in a series of analyses looks at liability issues as sports kick off again

The professional and amateur sports world – especially ‘minor’ sports – is one of the hardest hit by the Covid-19 pandemic and the authorities’ related containment measures. As sports start to kick off again, our Sports Law Focus Team will be publishing a series of analyses of the …

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Insolvency procedures and liquidity support for businesses under the Liquidity Decree

The Liquidity Decree has introduced changes to restructuring and insolvency procedures to help businesses cope with the repercussions of the Covid-19 epidemic and the Italian government’s lockdown measures. Some measures have a direct impact on insolvency and restructuring procedures, such …

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Measures to support the liquidity of companies: assignment of receivables and conversion of DTAs into tax credits

The Cura Italia Decree entitles companies that sell NPLs to third parties by 31 December to convert DTAs into immediately usable tax credits – even if the DTA in question is not recorded in the financial statements.

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Measures to limit impact of pandemic on civil justice system (under Liquidity Decree and Cura Italia Decree)

The measures introduced by the Cura Italia Decree to contain the effects of the pandemic in civil justice matters, e.g., freezing of procedural time limits, have been amended by the Liquidity Decree. If you would like a breakdown of the key changes prepared by our litigation team, in coordin …

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Impact of Covid-19 pandemic (and related legislation) on option agreements

We are talking options on assets that the purchaser must buy or sell at the price set out  – or to be determined according to the formulas set out – in the agreement. What aspects need to be examined to assess the impact of Covid-19 on these agreements? What remedies are provided by …

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Withdrawal from negotiations following Covid-19 outbreak: pre-contractual liability?

The series of in-depth analyses dedicated to investment funds and portfolio companies continues. The Covid-19 pandemic has forced many to rethink their investment choices and some to walk away from the negotiation table – on the assumption that withdrawal will not bring repercussions. W …

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Covid-19: Phase 2 begins – the Prime Ministerial Decree of 26 April and the Cura Italia Decree’s conversion into law

The Prime Ministerial Decree of 26 April and the law of conversion of the Cura Italia Decree (Law No. 27 of 24 April 2020) have significantly changed the landscape of the measures to support businesses and citizens throughout the country. Covid-19: Phase 2 begins – what’s new with Pri …

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Financial support under Cura Italia Decree: requirements and key considerations for portfolio companies

The series of in-depth analyses of key aspects of interest to portfolio companies and investment fund managers continues. This edition analyses the financial support measures introduced by the Cura Italia Decree (now converted into law) available to Italy-based companies in certain sectors. …

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Museums and digitisation in the time of Covid-19

The Covid-19 pandemic continues to significantly impact the cultural sector, both nationally and internationally. All major events and fairs have been cancelled or postponed, art galleries and museums have had to close temporarily, and cultural institutions have been forced to take extraordinar …

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Special tax credit for advertising spend in 2020: requirements and procedures

The tax credit introduced by the Cura Italia Decree for advertising spend this year will certainly help businesses during this time of crisis. But what are the requirements and procedures to benefit from the credit? To examine the new measures outlined by our Tax team, in coordination wit …

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Covid-19: key issues under Egyptian law

As you know, the Covid-19 outbreak in Egypt and in many areas of the Middle East and North Africa has led to a public health emergency and unforeseen challenges for businesses. It has also led to uncertainties, including from a tax/legal perspective. You no doubt are asking yourself many que …

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Covid-19: Ethiopian Law Key Issues

The Covid-19 outbreak in Ethiopia and in many areas of the East Africa has led to a public health emergency and unforeseen challenges for businesses. It has also led to uncertainties, including from a tax/legal perspective. Furthermore, as you may know, the Council of Ministers of Ethiopia h …

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Maritime disputes and arbitration during Covid-19: current trends and future prospects

Which is the impact of the COVID-19 emergency in international arbitration? Our Shipping & Transport Focus Team and International Arbitration Focus Team give an overview of the measures adopted by the arbitral institutions, including those specialized in maritime disputes, to facilitate …

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Article 56 of the “Cura Italia” Decree: moratorium on the payment of loan instalments and effects on derivative contracts

On 17th March 2020, the government passed Law Decree no. 18/2020 (the “Cura Italia” Decree), as converted into law and in course of publication in the Italian Official Gazette, introducing, inter alia, new measures to support businesses suffering from ca …

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Energy and Infrastructure M&A in the Age of Covid-19: Italy

Energy and infrastructure m&a in the age of Covid-19: new risks and legal issues, but also opportunities. All broken down for you here by our

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CONSOB: lowered thresholds for shareholdings and the “declaration of intentions” pursuant to art. 120 TUF until 11 July

CONSOB recently passed two resolutions in accordance with the Liquidity Decree that significantly increase the scope of disclosure duties under Art. 120 of Italy’s Consolidated Financial Act for 104 issuers listed in Italy. Specifically, CONSOB has lowered the thresholds triggering obligat …

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What is the EU doing to help businesses affected by the Covid-19 pandemic?

The pandemic is not only a very serious health emergency for all citizens but also a serious economic shock for the economies of EU member states, putting many businesses at risk. In response, the European Commission has presented the first phase of its plan/strategy to mitigate the epidemic …

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Golden Power in the time of Covid-19: new sectors, tighter control

Fear has spread that low market values are favouring predatory acquisitions of strategic assets of national interest by foreign investors. On 9 April, Law Decree No. 23 entered into force – bringing significant changes to legislation on government screening of foreign (but also domestic) i …

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Significant amendments to Art. 120 of the Consolidated Financial Act: CONSOB’s powers widened to temporarily increase disclosure duties

The high market volatility brought on by the Covid-19 pandemic means that the need to protect investors and the transparency of financial markets may arise when it comes to equity acquisitions in SME issuers whose shareholder base is particularly large and whose shares are listed on regulated m …

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Covid-19: Buy-back programmes – opportunities and precautions in view of the unique market conditions

In the current context of high market volatility, opportunity lies in the launch of buy-back programmes or in the amendment of terms of existing programmes. Low share prices could make worth increasing treasury share portfolios to service future incentive plans, extraordinary financial transact …

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Antitrust law in the time of Covid-19

The spread of Covid-19 will continue to have significant repercussions also in relation to the enforcement of antitrust law. Indeed, the constant stream of legislative measures and communications from the various competition authorities is impacting the timing of investigation procedures. An …

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Personal data and the current health emergency: what can be done to address the Covid-19 pandemic while still respecting privacy law and individual rights?

Personal data have taken on a central role in containing the spread of Covid-19, be it through the monitoring of employees at work, travel monitoring via apps or scientific research. But one must understand how and to what extent personal data can be legally used to manage and mitigate the r …

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Covid-19: indications for shareholders’ meetings contained in the Cura Italia Decree in light of CONSOB Communication No. 3/2020 of 10 April 2020

CONSOB, through Communication No. 3/2020 of 10 April 2020 (entitled “Covid-19 – Law Decree No. 18 of 17 March 2020 – Communication on shareholders’ meetings of listed companies), has provided operational indications on how to conduct shareholders’ meetings during the epidemic. Specifi …

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Covid-19 in Italy: Liquidity Decree (Law Decree No. 23 of 8 April) and further updates

Since the enactment of the Cura Italia Decree, significant new measures have been introduced to support businesses and citizens throughout the country combat the effects of the crisis. Our Covid-19 Task Force clearly and concisely breaks down the key provisions of the various laws and regula …

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Covid-19 in Italy: your legal guide to the main regulations and measures to combat the health emergency

The sudden and unexpected spread of the Covid-19 pandemic has forced the government, institutions and the local authorities to adopt increasingly complex laws, regulations, circulars and other interpretative documentation at breakneck speed. The aim is to reconcile the different needs at stake …

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Covid-19 and the Decree no. 19 of 25

After the Cura Italia decree, several measures (lastly the Law Decree no. 19 of 25 March) renovated the context of the actions to support businesses and citizens in Italy. Our Covid-19 Task Force’s guide on the many measures is available

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Covid-19: the world is on hold, but what about arbitration?

The whole world is facing unprecedented challenges due to the COVID-19 pandemic. International arbitration is no exception. Our Focus Team International Arbitration addresses some questions that practitioners and clients may have in respect of ongoing arbitration proceedings and/or commencin …

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Port restrictions during the Covid-19 emergency

The Covid-19 pandemic and the measures adopted by the vast majority of states to reduce/prevent the spread of the virus continue to have an unprecedented impact on the shipping and transport industry. The repercussions that the closure of borders and port restrictions throughout the world are h …

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E-commerce and distance selling during the Covid-19 emergency: opportunities for the luxury sector

The government measures to combat the Covid-19 emergency have forced many companies to reduce or halt production and commercial activities. But although brick-and-mortar stores have been closed and luxury sector production suspended, e-commerce and distance selling can continue. However, muc …

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The Italian Medicines Agency and Covid-19

The Italian Medicines Agency has made its decisions regarding the use of drug therapies to fight the virus public. The decisions include approvals of various experimental studies, including on the now famous drug Avigan; other decisions of general interest for the continuation of treatments and …

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Art. 15 of the Cura Italia decree: relaxation of requirements for the production of surgical masks

Art. 15 of the Cura Italia decree allows manufacturers and importers to place surgical masks on the market without the CE marking (in derogation from the existing legislation). This is an opportunity for many companies in sectors other than that of medical devices; but they must, of course, …

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Covid-19: financial reports and dividend policy

With the deadline for listed companies to approve their financial statements fast approaching, issuers and operators have various questions before them in the face of the Covid-19 emergency. The foremost is how to reconcile the requirements under special legislation, especially regarding terms/ …

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Covid-19: indications for shareholders’ meetings from the Cura Italia decree

The Cura Italia decree, created to counter the Covid-19 emergency, includes measures to contain its efforts also in terms of shareholders’ meetings. If you would like access to the emergency measures summary created by our Capi …

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The Covid-19 emergency: protection and remedies for concessionaires and operators under concession agreements and public-private partnerships

This note provides a preliminary, general overview of the possible remedies and protection concessionaires and operators have in response to the negative impact of the Covid-19 emergency on concession agreements (both work and service concessions) and PPPs, both with respect to the possibility …

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Covid-19: Thresholds for major shareholding notifications are lowered under Art. 120 of the Italian CFA

As of 18 March, investors who come to hold shareholdings in listed companies exceeding 1% (3% for SMEs) must notify the issuer and CONSOB under Art. 120 of Italian Legislative Decree No. 58/1998, i.e., the Consolidated Financial Act (“CFA”). The resolution applies for three months from 1 …

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How Covid-19 measures affect investment control in Italy and the EU?

This note addresses the following 3 developments in investment screening caused by Covid-19 outbreak: The Cura Italia decree suspended the timeframe for administrative procedures, including Golden Power, but lodging an urgency request could be a way to avoid the suspension; …

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Latest from the US

Recent US cases regarding discovery and challenges of award deserve attention. Our International Arbitration Focus Team comments US decisions on: Discovery under Section 1782 admitted for commercial arbitration The extraterritorial reach of discovery under Section 17 …

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Cura Italia decree: the main measures regarding administrative law procedures

The Cura Italia decree (which came into force on 17 March) includes new measures regarding administrative procedures. In brief, Art. 84 repeals Art. 3 of Legislative Decree 11/2020, extends the suspension of terms, and introduces new procedural measures. And Art. 103 suspends the terms of ad …

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The ESMA underlines transparency obligations concerning the Business impact of Covid-19

In light of the serious market instability and the physiologic financial distress of companies, operators and investors, national authorities are seeking and adopting countermeasures to protect, to the extent possible, the orderly functioning of markets until more clarity is obtained on the lik …

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A new IMI2 call (JU Call 21) for the development of therapeutics and diagnostics to combat coronavirus infections da coronavirus

The World Health Organisation (“WHO”) recently declared COVID-19 a pandemic. European institutions are thus pulling out the stops to gain a greater understanding of the virus, above all to help develop clinical and public health measures to improve patient health and contain the spread o …

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Cura Italia decree: provisions on civil proceedings

The Cura Italia decree includes measures to contain the effects of the Covid-19 emergency on civil justice matters. If you would like to get access to the summary of the main measures and latest updates prepared by our litigation team, together with our Covid-19 Task Force, please send your …

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Cura Italia decree: provisions on criminal proceedings

Art. 83 of the Cura Italia decree from 17 March contains new urgent measures, and amends or replaces some existing ones, to combat the effects of the Covid-19 emergency on civil, criminal, tax and military justice. In brief, Art. 83 reproduces (and repeals) Arts. 1 and 2 of the law decree of …

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Cura Italia decree: the main measures, the business areas concerned and operational guidelines for companies

The Cura Italia decree marks the first major initiative by the government to support businesses and citizens here in Italy. BonelliErede’s Covid-19 Task Force has been working round the clock for three weeks and has prepared a table summarising the main measures, together with details of t …

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Ethiopia ratifies the 1958 New York Convention on Recognition and Enforcement of Foreign Arbitral Awards

The worldwide-known New York Convention has been recently ratified also by Ethiopia. This is a significant step forward in Ethiopia’s path towards a more arbitration-friendly environment and a fundament tool which will strength international business in the country. With its basic and e …

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Golden Power: investments in strategic sectors

States around the world are becoming more involved in the economy and, through the Golden Powers legislation, are exercising control on investments in strategic sectors. What are the reasons behind this trend? Will Italy, which as has been very cautious in using the Golden Powers to date, ch …

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Golden Power: current landscape in the EU about "Foreign Direct Investment"

Foreign direct investment control mechanisms around the world vary in both substance and procedure. But what about in the EU? Even though it boasts a very open regime, concern about foreign investors, including state-owned companies, in strategic businesses is growing: their role in cross …

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Dialoghi sulla Corporate Governace: tax matters into Corporate Governance

On 19 November, our Corporate Governance Focus Team held the third meeting of the “Dialoghi sulla Corporate Governance” series. This one was dedicated to the need for BoDs to be involved in and have control over tax matters. Professors, tax experts, prosecutors and tax managers discussed …

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Second Ethio-Italian Business Forum

BonelliErede hosted the Second Ethio-Italian Business Forum on 18 October, as part of the Ethiopian government’s mission to foster business and investment relations between the two countries. Italian investors discussed the opportunities Ethiopia now offers, and BonelliErede delegates and …

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Coming to a Theatre Near You: United States Private Client Planning and Litigation Developments

A very special guest joined us on 12 November for the last of our JurisInStudio 2019 gatherings: Joshua Rubenstein, global chair of Katten’s private clients practice. Joshua talked about the main drivers of change in the private clients sector since the financial crisis in 2008, …

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First edition of the "Conditions of Contract for Underground Works" (FIDIC Emerald Book)

At the World Tunnel Congress last May, the International Federation of Consulting Engineers (FIDIC) launched the first edition of “Conditions of Contract for Underground Works”, commonly known as the Emerald Book. The Emerald Book is exclusively dedicated to the regulation of th …

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Foreign investment control in Italy: new timeframe and rules

In Italy, the government’s powers to screen investments in strategic sectors take the evocative name of “Golden Power”. Last Wednesday (13 November), the Italian parliament approved the conversion into law of Law Decree 105/2019, which introduces significant changes to Italy’s Golden Po …

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Comments on the OECD discussion draft regarding the "Unified Approach"

The OECD has published in October the discussion draft on the proposal of "Unified Approach", the envisaged new framework for determining the attribution of profits among the different jurisdictions where multinational enterprises act. BonelliErede has contributed to the global discussion on …

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The ICSID Rules Amendment Proposals #3: a good chance to increase consensus?

On 16 August 2019, ICSID issued for the third time its proposals for amendment of its rules. The proposals aim to respond to the main challenges and criticism of the ICSID system in the last decades, such as those relating to transparency in the conduct and outcome of proceedings, disclosure …

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Going beyond Trump’s wall: the extraterritorial reach of Section 1782 to discovery

In a recent decision dated 7 October 2019 (In re del Valle Ruiz, 2019 WL 4924395), the U.S. Court of Appeals for the Second Circuit held that a Federal Court pursuant to 28 U.S.C. § 1782 may order a party within its jurisdiction to produce documents located outside of the United State …

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EU Directive on copyright in the digital single market

On June 7th, Directive (EU)2019/790 on copyright and related rights in the Digital Single Market entered into force. Its purpose is to (i) harmonize further EU law applicable to copyright and related rights in the framework of the internal market, (ii) introduce additional exceptions and limita …

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Publication of "FER1 Decree"

On 9 August 2019, the Decree of the Ministry of Economic Development, in cooperation with the Minister of the Environment and Protection of Land and Sea, of 4 July 2019 was published in the Italian Official Journal No. 186 (the "FER1 Decree"). It came into force on 10 August 2019, introduces n …

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The revised Milan Chamber of Arbitration Rules: Leading the way in arbitral procedure

On 1 March 2019, the Milan Chamber of Arbitration issued its revised Rules on Arbitration, which apply to all proceedings commenced after that date. The CAM Rules seek to incorporate the innovations that have emerged in the last decade, raising the CAM’s profile in the competitive arbitrat …

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UAE Cabinet reveals economic activities eligible for up to 100% foreign ownership

On 2 July 2019, the UAE Cabinet announced its decision regarding which sectors and activities would be included within the positive list referred to in the FDI Law, concerning Foreign Direct Investment, whose intent is to attract and encourage foreign direct investment by reducing the existing …

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Consob launches consultation on new disclosure requirements on stakebuilding

Consob has just launched a consultation on secondary level regulations to implement the disclosure requirements on stakebuilding in Italian listed companies (introduced by Law Decree No. 148/2017, converted into Law No. 172/2017). Market operators have until 17 July to submit comments. The p …

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SPC manufacturing waiver comes into play 1 July

On 11 June, the SPC manufacturing waiver was published in the Official Journal of the European Union (Regulation (EU) 2019/933, which introduces the waiver to Regulation (EC) No. 469/2009). The approved text allows EU-based companies to manufacture generics and biosimilars throughout the lif …

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Does the substantive law matter in international arbitration?

Our International Arbitration Focus Team discusses about aspects of the arbitrators’ decision makings process, with particular focus on the law applicable to the merit of the case and on the legal concepts in the head of arbitrators. Listen to our point of view and watch the video of the e …

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Digital transformation in banking

In 2018, total global investment in fintech companies hit $111.8 billion across 2,196 deals. In Europe alone, investment in fintech reached $34.2 billion across 536 deals. Technology giants such as Alibaba, Alphabet, Amazon, Apple and Facebook are venturing into the financial services industry …

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Brexit Update: Italy prepares for a no deal Brexit and converts into law the Brexit Decree

On 20 March 2019, the Italian Council of Ministers approved the Law Decree No. 22 of 25 March 2019, which came into force on 26 March 2019 (the “Brexit Decree”), introducing urgent measures in order to manage the potential effects of a “no-deal” Brexit scenario on the activities of UK …

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Development Decree: new amendments to the Italian Securitisation Law

Law Decree No. 34 of 30 April 2019 (the so-called Decreto Crescita, or "Development Decree") has introduced some further, significant amendments to the "Italian Securitisation Law" aimed, inter alia at (i) fostering the transfer of “unlikely to pay” (UTP) receivables; (ii) introducing chang …

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The Prague Rules: wind of change?

The Prague Rules represent an alternative to the IBA Rules on the Taking of Evidence in International Arbitration. They aim at reducing time and costs of international arbitration. Our International Arbitration Focus Team in Milan discussed in a seminar with leading arbitration practitioners …

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Alert Brexit: Brexit Decree

The Italian Council of Ministers has approved a law decree introducing urgent measures in order to manage the potential effects of a “no-deal” Brexit scenario on the activities of UK banks, investment firms, e-money and payment service institutions, insurance companies, insurance and reinsu …

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Why arbitration is becoming the preferred dispute resolution method in the luxury industry?

Luxury and fashion companies are often involved in cross-border operations and disputes arising from such transaction are therefore likely to involve companies from different jurisdictions. A smooth management of such disputes is paramount also to preserve commercial relationship with the diff …

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BonelliErede comments to the OECD consultation document on the tax challenges of the digitalization

Supranational organisations (OECD), the European Union and European governments are trying to address the tax challenges of the digitalisation. However, it is proving extremely difficult to find a common, multilateral solution, due to the divergent interests of the countries involved. Indeed in …

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The ECN+ DIRECTIVE: Main features and potential impact on Italy’s legal system

On 4 December 2018, the Council of the European Union approved the ECN + Directive, with the aim of empowering the competition authorities of the Member States to be more effective enforcers and to ensure the proper functioning of the internal market: the ECN+ Directive want t …

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TAX Treatment of REOCOs: some clarifications from the Italian Tax Authority

Which are the accounting and tax ramifications for ReoCos incorporated under the new Article 7.1 of the Securitisation Law? In the document available here, our real state Focus Tea …

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2019 Budget law: New amendments to the Italian securitisation law

The 2019 Budget Law has amended the Securitisation Law by  (i) removing certain restrictions on CDOs, (ii) clarifying the rules governing the direct lending by securitisation vehicles, (iii) clarifying on the rules gove …

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US Supreme Court: renewed support for Arbitrators to decide Arbitrability

On January 8, 2019 the United States Supreme Court issued a ruling whereby it stated that arbitral tribunals are competent to evaluate whether a claim is "arbitrable", regardless of whether the basis for arbitration is grounded or not. Our International Arbitration Focus Team analyses

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LBOs (mergers) and deductibility of interest expenses: interesting developments with Italian Supreme Court decision of July 2018

On July 2018 the Italian Supreme Court stated that A limited company may deduct interest expenses without assessing whether they are connected to the business activity. This Circular is relevant for all the private equity firms, as it seems to protect newcos (and/or the company resulting fr …

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Quantification of damages in commercial arbitration: mission impossible?

Quantification of damages in commercial arbitra …

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UAE: issued new foreign direct investment law

On 30 October 2018, the president of the UAE issued the highly anticipated Federal Decree-Law No. 19 of 2018 concerning Foreign Direct Investment (the UAE FDI Law). This reform will simplify foreign direct investment, with the aim to boost the economy in the UAE region and will have an impac …

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Giving Preference to Egyptian Products in Government Contracts

With the aim to further boost local industry, recently Egyptian government amended Law No.5 of 2015 by expanding the scope of the law requiring to give preference to Egyptian Products in Government Contracts. Our Africa Team and Energy and Infrastructures Focus Team analyse

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SGR and liability for management and coordination and ex D.Lgs. n. 231/01 for acts of controlled companies

Is the asset management company (SGR) - who acts on behalf of the investment funds - liable for management and coordination ex art. 2497 of the Italian civil code and ex D.Lgs n. 231/01 for acts performed by controlled companies? Yes, according to a recent decision of the Court of Milan. …

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Ethiopia appoints its new Government and President. President Sahle-work Zewde is the only female President throughtout Africa

Prime Minister Abiy announced the new composition of the government: the ministries have been reduced from 28 to 20 and only some of the previous ministers remain. The law that redraws the powers and responsibilities of the ministries will be enacted in due course. For instance, a Ministry of P …

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EAIAC 2018: The Implications of Regional Investment Arbitration

On 30 August 2018 Laurence Shore, spoke at the 2018 East Africa International Arbitration Conference, which took place in Addis Ababa, Ethiopia. The topic of his presentation was “Towards Regional Investment Arbitration?” in Africa. He addressed three main issues concerning investor-sta …

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Ethiopia reforms foreign investment in logistic industry

Ethiopian Prime Minister Abiy Ahmed has carried out a series of reforms since taking the helm in April. The key plank? To open Ethiopia’s economy up to private investment (as part of the government’s efforts for

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OECD Discussion Draft on Financial Transactions - BonelliErede comments

In the context of the public consultation launched by the OECD (Organisation for Economic Co-operation and Development) on 3 July 2018 on the transfer pricing aspects of financial transactions, BonelliErede and Valdani Vicari & Associati provided to the Tax Treaties, Transfer Pricing and Fi …

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Investing in non-core infrastructures

Funds and other investors are hunting for opportunities off the most beaten tracks. Non-core infrastructures seem to be the latest gold mine, but what are they? Hospitals and private clinics, data centres, car parks, schools, etc. Our Energy and Infrastructure Focus Team teamed up with Inspi …

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African Medicines Agency

The health ministers of the 55 states that form the African Union unanimously adopted the text of the treaty establishing the African Medicines Agency. The new regulatory agency will play a key role in coordinating member states’ activities, including by establishing commo …

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Achmea: the future of investment arbitration in Europe

The European Court of Justice’s controversial judgment in Achmea v Slovak Republic has cast serious doubt on the continued viability of arbitration under intra-EU bilateral investment treaties. In an interesting webinar available here, our four i …

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UAE: Reforms opening to foreign investments

UAE is adopting strategic reforms to boost foreign direct investments in the UAE and thus reduce the UAE's economic reliance on the oil sector. Click here for more details from our Africa team.

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Third Party Funding: a useful tool to know in international arbitration

The funding of arbitration by a litigation funder on a non-recourse basis is a tool that can give companies access to massive amounts of capital and it can be tailored to meet the specific needs of the client. On 15 May 2018, BonelliErede held a seminar on TPF in international arbitration, d …

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The future is now: technology is reshaping the financial sector

The future is now: fintech, blockchain and smart contracts are not just about digitalisation processes. They are totally reshaping the entire financial sector, and only those quick to adapt will be able to ride the wave of the digital world.

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Ethiopia changes gear in the plan to open to privatization and foreign investments

Ethiopia is at a crossroad: the executive council has recently announced its decision to open state monopolies in the telecoms, electricity, logistic and transport sectors to private investors. Click

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3 Key decisions of the CJ that define the EU emission trading scheme

The European Court of Justice has recently issued 3 r …

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The European Fund for sustainable development and the EFSD guarantee

In 2017 the European Parliament and the Council of the European Union have established the European Fund for Sustainable Development (EFSD), the EFSD Guarantee and the EFSD Guarantee Fund: measures supporting businesses, bodies and organisations with the goal (i) to enable inve …

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Ethiopia pushes on public private partnerships

Ethiopia has introduced a legal framework for public private partnerships to facilitate privately financed projects to support Ethiopia's grows: a clear process for private parties wishing to invest in specific public project in Ethiopia is now set. More details are available

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Compensation for public contractors

The long-awaited Public Contractors’ Compensa …

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Caught in the “Crossfire”: quantum calculations in international arbitration

One of the primary challenges that arbitral tribunals face is the quan …

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Arbitration clauses in intra-EU BITs are not compatible with EU law: a momentous decision by the European Court of Justice

The ruling of the European Court of Justice regarding the arbitration clause in the Netherlands-Slovak Republic BIT will change the European investor-state arbitration landscape. The Court stated that the arbitration clause is incompatible with EU law. This ruling, which did not adopt the Opini …

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New edition of the FIDIC suite of contracts

After almost 18 years, FIDIC has updated its Rainbow Suite of Contracts, which is widely used in major construction projects worldwide. Find here more details on the new co …

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The four bridge banks: the first application of the EU Bank Recovery and Resolution Directive in Italy

We worked side by side with the four bridge banks’ management in the application of the Bank Recovery and Resolution Directive (BRRD) for the first time in Italy – also one of the first in Europe. We were right by their side from their very creation to ensure continuity of their essential f …

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Cairo Communication’s successful takeover of RCS

Cairo Communication’s bid won the battle for control of RCS MediaGroup. The transaction marked the first ever hostile takeover bid in Italy to be structured as a public share-for-share offer. We worked side by side with Cairo Communication to support them all the way.

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Recent developments in solar investment arbitration disputes: Czech Republic and Italy enjoy their first victories, while Spain seeks to annul first defeat

Over the past four years, three European States have been hit with a wave of investment claims from solar power investors alleging violations of the Energy Charter Treaty and Bilateral Investment Treaties. The Czech Republic and Italy have now prevailed in their first solar cases

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Egypt streamlines Industrial licensing

On 3 May 2017, Egypt introduced the new Industrial Licensing Law (ILL) to facilitate industrial establishments obtain licenses. Please click here to rea …

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New Italian rules on stakebuilding

The Italian Council of Ministers has approved law decree No. 148/2017, providing for specific disclosure requirements on stakebuilding in Italian listed companies, with the aim of strengthening defenses against hostile takeovers.  In particular,  in addition to the ordinary disclosure require …

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IPOs of Egypt’s State-Owned Companies

As part of Egypt’s agreement with the IMF, the country’s structural reforms include the launch of an IPO programme for successful, state-owned companies in the oil and gas, petrochemical, banking and financial services, building materials and real estate development sectors.  On 13 Septemb …

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Enabling act for the Italian insolvency law reform

On 11 October, the Senate finally approved Draft Enabling Act No. S-2681 (Enabling Act), which, among other things, will reform insolvency law (IIL), reorganise the privileges system and formally recognise non-possessory pledges. This client alert summarises …

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Environmental Law | Environmental damage and liability

The Court of Justice of the European Union (ECJ) has further defined the concept of environmental damage and the extent of environmental liability foreseen in the directive on environmental liability (Directive 2004/35/EC). Please

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Capital Markets Newsletter | Long term individual saving plans

The law n.232 of 11 December 2016 (the Budget Law 2017) has introduced the possibility to establish lond term individual savings plans in Italy (Piani Individuali di Risparmio PIR). Please

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Healthcare Newsletter Special Issue | The impact of Brexit on labour law

The impact of Brexit on labour law: what is the horizon? A focus on the coordination of social security systems (EU Regulation n. 883/2004) and on the rules of transfer of undertakings. Please

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BREXIT - Next Step following the triggering of art. 50

On 29 March 2017, the UK notified the European Council of its intention to withdraw from the EU, pursuant to Article 50 of the Treaty of the European Union (Article 50). This starts the formal process of the UK’s exit from the EU, kick‑starting a two year period for the UK and the EU to …

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Newsletter | Industry 4.0

The digital transformation of companies represents the fourth industrial revolution and sets the path towards a data-driven economy. Please click here to re …

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The creation of Atlante Funds I and II

The funds were created to ensure the stability of the Italian financial system through a series of measures targeted, on the one hand, at the capital of banks in need of further recapitalisation as required by the European Central Bank and, on the other hand, relating to non-performing loans. W …

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Large-scale international arbitration for the Panama Canal

One of the most complex arbitrations in the world, with the consortium of European construction companies involved in litigation with the Panama Canal Authority regarding one of the largest ever construction projects. We are working side by side with them, leading the team of firms assisting th …

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Funding of Milan’s fifth underground line

Assistance to the financial backers of the first project bond issuance in Italy’s large-scale infrastructure sector: a project finance operation for the construction and operation of Milan’s fifth underground line, Bignami – San Siro section. We were right by their side to support them al …

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Tax litigation in the steel industry

Assistance to Tenaris Dalmine in one of the most important and complex tax litigation cases ever handled in Italy. We were right by their side to support them all the way.

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Tax assistance to a famous historical car manufacturing group

Assistance to Audi in a crucial case that had a decisive effect on the group’s decision to invest in Italy. We were right by their side to support them all the way.

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Re-launch of Alitalia

Assistance to Alitalia in its re-launch, reorganisation and subsequent partnership agreement with Etihad Airways. We were right by Alitalia’s side to support them all the way.

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Shanghai Electric’s acquisition of 40% of Ansaldo Energia

Assistance to Shanghai Electric in the first case of substantial investment by a major/leading Chinese investor in an Italian high-tech company, which resulted in a joint venture with a major/leading Italian institutional investor. We were right by Shanghai Electric’s side to support them al …

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Restructuring of a major Italian company, a leader in the steel industry

Assistance to Acciai Speciali Terni in the negotiation of a complex trade union agreement pertaining to the company’s restructuring. We were right by their side to support them all the way.

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Alleged cartel in the high-voltage cable sector

Assistance to Prysmian Cavi in the procedures launched by the European Commission and the antitrust authorities of the USA, Australia, Japan, Brazil and Spain, against the company for an alleged cartel in the high-voltage cable sector. We were right by their side to support them all the way.

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Construction of the Verona-Padua railway line by the Italian Railways Network (RFI)

Assistance to RFI in an arbitration regarding contractual breaches and damage concerning the failure to commence/delay in commencing construction work. We obtained an extremely favourable award for the client. We were right by their side to support them all the way.

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Construction of the Milan-Bologna railway line by the Italian Railways Network (RFI)

Assistance to RFI in one of the most important arbitration cases in Italy, in which we obtained two in the client’s favour. We were right by their side to support them all the way.

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Listing of Space

Assistance to Space, the first Italian SPAC (Special Purpose Acquisition Vehicle) to be listed on a regulated market, and its sponsors, following the company’s listing on the Italian stock exchange in the SIV segment of the MIV market. We were right by their side to support them all the way.

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The bailing out of Richard Ginori

Assistance to Kering during the bailing out of the historical Italian manufacturer and its museum, through the Kering Group’s acquisition of the company. We were right by their side to support them all the way.

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The repatriation of assets from abroad

Assistance to a world leader in the luxury sector in the first case of voluntary cooperation between taxpayers and the tax authorities based on international guidelines. We were right by their side to support them all the way.

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LVMH’s investment in Italian design

Assistance to LVMH, the major French luxury group, in the takeover of the renowned Loro Piana brand following the acquisition of Bulgari. The two brands are still based in Italy and are both growing. We were right by their side to support them all the way.

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Salini’s takeover bid for Impregilo

Assistance to Salini during the first Italian proxy fight, leading to the takeover of the majority shareholding in a listed company without going through a takeover bid. We were right by their side to support them all the way.

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Permira’s acquisition and subsequent sale of Valentino

Assistance to Permira in the acquisition of major Italian fashion group Valentino Fashion Group in 2007, and in the sale of the group to the Qatar fund Mayhoola. We were right by Permira’s side to support them all the way.

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Assistance to A2A in the sale of Edison to EDF and in the acquisition of Edipower by Edison

Assistance to A2A in one of the most high-value operations ever performed in the Italian energy market, which permitted the dissolution of the joint venture between A2A, its Italian partners and EDF in relation  to Edison. We were right by A2A’s side to support it all the way.

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Standard & Poor’s litigation regarding the contractual and non-contractual liability of rating agencies

Assistance to Standard & Poor’s in the first case of litigation in Italy concerning losses resulting from the rating given to the securities of a listed company. We were right by their side to support them all the way.

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Acquisition of a controlling stake in Ferretti S.p.A. by the Shandong Heavy Industry Group and its associate Weichai Power

Assistance to the Chinese investors in the first transaction in which a Chinese group bailed out an Italian company. It was an extremely complex acquisition transaction, due to the need to take account of both Italian and Chinese laws and procedures. We were right by their side to support them …

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Listing of Prada in Hong Kong

Assistance to Prada in the first listing of an Italian luxury goods manufacturer on the Hong Kong stock exchange. We were right by Prada’s side to support them all the way.

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Transfer pricing in the luxury sector

Assistance to a world leader in the luxury sector during the first case in Italy of a multilateral arbitration procedure. We were right by its side to support it all the way.

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Prysmian’s takeover bid for Draka Holding N.V.

Assistance to Prysmian in a highly complex operation which was completed very quickly, among other things to “hinder” a bid from a Chinese competitor. We were right by Prysmian’s side to support it all the way.

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Delfin in Foncière des Régions

Assistance to Delfin in its interest in FDR and in its exercise of the corresponding rights. We were right by its side to support it all the way.

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ENEL’s acquisition of Endesa

Assistance to ENEL in its takeover of the Spanish power company Endesa. We were right by its side to support it all the way.

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Antitrust: assistance to Endesa in relation to the three takeover bids received from Gas Natural SDG, E.On and Enel

A successful case in which European law was first applied to prevent a hostile takeover bid from Gas Natural SDG and subsequently to evaluate the impact of the two takeover bids received from E.On and Enel, the last of which proved successful. We contributed towards the successful outcome of th …

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Merger between AEM and ASM that led to the creation/incorporation of the new company A2A

Assistance to A2A in one of the most high-value transactions ever completed in the Italian energy market, which permitted the dissolution of the joint venture between A2A, its Italian partners and EDF in relation to Edison. We were right by A2A’s side to support it all the way.

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Merger between AMGA and AEM Torino

Assistance to AMGA in the first merger between listed utility companies in Italy, which paved the way for the subsequent reorganisation of the sector. We were right by AMGA’s side to support it all the way.

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Takeover by BNP Paribas of Banca Nazionale del Lavoro S.p.A.

Assistance to BNP Paribas in the first takeover of a major/leading Italian bank by a foreign bank. We were right by their side to support them all the way.

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Lottomatica’s acquisition of Gtech

Assistance to Lottomatica in one of the most important takeover bids ever made by an Italian company in the USA, worth more than USD 4 billion. We were right by their side to support them all the way.

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Intesa Sanpaolo’s transfer of a portfolio of NPLs to Castello Finance S.r.l.

Assistance to Intesa Sanpaolo in a transaction that set a successful precedent for other banks in need of a more effective management model. We were right by their side to support them all the way.

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Permira’s acquisition of Grandi Navi Veloci S.p.A. and Ferretti

Assistance to Permira during the first operations in Italy in which private equity funds acquired listed companies. We were right by Permira’s side to support it all the way.

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Schemaventotto’s acquisition of Autostrade

Assistance to Schemaventotto (Newco 28) in its voluntary takeover bid for Autostrade. We were right by Schemaventotto’s side to support it all the way.

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BC Partners’ acquisition of Egidio Galbani S.p.A.

Assistance to BC Partners during the first major private equity operation ever conducted in Italy. We were right by their side to support them all the way.

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Edizione Holding’s acquisition of Olivetti

Assistance to Edizione Holding in its acquisition of a majority stake in Olivetti. We were right by Edizione Holding’s side to support it all the way.

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Listing of Lottomatica on Borsa Italiana’s MTA market

Assistance to the operation’s global coordinator during the listing of Lottomatica S.p.A., the Italian leader in the gaming industry, on the Italian stock exchange. We were right by its side to support it all the way.

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The first major privatisation operations in Italy

Assistance to Terna, Enel, Alitalia and Autostrade during the first major privatisation operations in Italy. We were right by their side to support them all the way.

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Olivetti’s takeover bid for Telecom

Assistance to Olivetti during the first hostile takeover bid in the history of the Italian economy: Olivetti versus Telecom. We were right by Olivetti’s side to support it all the way.

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Insights

BonelliErede: two new of counsel to boost the firm’s presence in Africa and the Middle East

BonelliErede welcomes Calvin Walker and Ezequiel Sanchez Herrera – who both boast outstanding international backgrounds. Calvin, former partner and global head of Baker McKenzie’s project finance dept (2009–2019) and partner at Allen & Overy (1998–2009), has over 25 years’ project …

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Another first in Italy: BonelliErede launches its Competition Litigation Task Force

BonelliErede has drawn on its strengths in civil litigation and competition law, its expertise in competition-related damages actions, and its proven track record to set up a new task force dedicated to competition litigation – the first of its kind in Italy. The Competition Litigation Task F …

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Angelino Alfano and Enrico Vergani made partners at BonelliErede

BonelliErede’s partnership has expanded with the appointment of Angelino Alfano and Enrico Vergani as partners, both of whom were formerly of counsel at the firm. The two appointments, effective as of 1 January, were approved at the partners’ meeting yesterday. Angelino joined BonelliErede …

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