Elena Malnati

Expertise

  • Criminal law, with particular focus on:
    • environmental crimes
    • occupational health and safety crimes
    • medical liability
    • liability of entities under Italian Legislative Decree No. 231/2001
  • Foreign languages: English

Background

  • Member of the Environmental Law Focus Team
  • Joined the firm in 2014
  • Worked as a lawyer for a major Italian firm specialised in criminal law (2009–2014)

Qualifications

  • Member of the Italian Bar
  • Law degree from the University of Milan

Knowledge Sharing

US Supreme Court on Discovery: private international arbitrations do not qualify as foreign or international tribunals under Section 1782 of the U.S. Code

On 13 June 2022 a long-awaited ruling of the U.S. Supreme Court decided that private adjudicatory bodies do not count as “foreign or international tribunals” under Section 1782 of the U.S. Code, not even where a sovereign is a party. The U.S. Supreme Court ruled that the test to be carri …

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The High Court of Justice of England and Wales hands down a landmark judgment on derivative contracts entered into by an Italian local authority

On the heels of the Italian Supreme Court’s well-known Cattolica decision of May 2020, a new chapter has been written in the long-running legal debate over certain derivative contracts entered into by a small local authority in Italy. This time, the High Court of Justice of England and Wal …

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Hydrogen: a new season begins

It is a molecule that could revolutionise the world of energy. But where do things stand with its development and use? What structural and legal limits are hindering progress, and how can they be overcome? And what opportunities are out there? Our

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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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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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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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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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