Conte&Giacomini lawyers

Civil & Commercial Law

Practices

Civil & Commercial Law

Conte&Giacomini provides its clients with complete Legal Assistance, offering both extrajudicial and judicial consulting; before Judicial Authorities in Italy and abroad, thanks to its team of Lawyers, each and every one of them skilled in the fields of Civil Law, International Law, Competition and Corporate Law, Sports Law and Bankruptcy Law.

- Regarding to Civil Law, the services offered by C&G concern bonds, property rights, family rights, inheritance law, non-contractual torts and crimes, breach of contract, and civil responsibility. C&G, is, moreover, able to assist Italian, European and International Clients with the drafting of many different kinds of contracts: from Intellectual Property protection to trading of both movable and immovable property. Relating to the Insurance field, our firms can take care of the interests of important Insurance Companies and of relevant Insurance Brokerage Companies.
- For what concerns Corporate and Commercial Law, our Lawyers’ knowledge is deployed in order to answer the needs of Entrepreneurs, from the very moment of the birth of their Companies, to the assistance with their management and development; both in Italy and abroad. Moreover, C&G is very much concerned with the protection of the brands and of the Industrial Rights of its Clients. We moreover offer judicial consultation and assistance for any kind of problems depending on the administration of Companies and Firms, with a focus on the duties and responsibilities of administrators and managers, spending reviews, operations concerning the capital or the patrimony, fusions, incorporations, Company restructuring and joint ventures.
- Considering Bankruptcy Law, C&G proposes consultations regarding all aspects tied to insolvency procedures both from a credit-tutelage standpoint and from a stake-holder and creditors protection one; especially against possible illegal conducts perpetrated by administrators, managerss and auditing firms.
- Regarding of Sports Law, C&G has created its own department with both some lawyers and a few young collaborators, in order to guarantee a competent and dynamic assistance to Sports professionals, National Teams and Sports Societies. Our assistance and consultation covers both the contracting phase (transfers, termination or conclusion of a contractual relationship, insurance problems, wage claims) and possible arbitral controversies before the Courts instituted by National and International Sports Federations or before Tribunals.

The main Practices

In the civil and commercial sector

OBLIGATIONS AND CONTRACTS

This is a traditional sector of work where the firm dedicates special attention to contractual matters pertaining to ownership, supply contracts, leasing, agency contracts, franchising, the various sales contracts and those for warranties. Some of the firm’s members collaborate with important reviews and academic institutions with regards to this sector. The firm is able to assist Italian and foreign clients in the negotiations in closing a vast range of contracts, to protect intellectual proprietary, to the purchasing and selling of movables and immovable property, national and international supply contracts, operations for Project Financing, financing or warranties.

CORPORATE AND COMPANY LAW

The firm has been working for many years in the sector of legal consultancy and assistance for all legal problems regarding company management and corporate administration, with specific reference to matters relevant to the duties and responsibilities of directors and Trade Unions, auditors, auditing, operations on company assets or capital, corporate and company mergers, incorporation and reorganization. Some of the firm’s partners and associates have gained long professional and academic experience as well as important collaboration with legal reviews in Italy and abroad.

BANKRUPTCY LAW AND COLLECTIVE CREDITOR PROCEDURE

Conte & Giacomini Law Firm is very active in dealing with all problems connected to collective creditor procedures both in the field of bankruptcy and in that of minor collective creditor procedures such as transactions with creditors, temporary receivership, compulsory administrative liquidation. The firm assists and gives consultancy pertaining to all aspects linked with insolvency proceedings both under the aspect of protection of credit (submission of bankruptcy petition, proof of debt in bankruptcy) and under the aspect of protection of shareholders and creditors against eventual illicit behaviors perpetrated by managers, auditors and auditing companies. From a consolidated cooperation with leading fiscal and taxation consultancy firms, Conte & Giacomini is able to assist the client with corporate reorganization, with transaction or postponement of debt, in submitting petitions aimed at obtaining benefits deriving from minor collective creditor procedures. It is worthy to underline the specific expertise gained within the framework of the extraordinary administrative procedures under Law 95/79 (“Prodi” Law) and D.Lgs n. 270/99 (named “Prodi bis”) with a special mention of the defense in important disputes that have led to the declaration of incompatibility of the Community Law n. 95/79 passed by the European Commission and the Court of Justice of Luxemburg.

TRUST

The firm has been studying trusts since 1992, studying the effects, from the legal aspect, of ratification by law 16.10.1984, n. 364 of the Hague Convention of 1st July 1985, on the law applicable to trusts and relevant acknowledgement by member States. This activity of research is embodied in the active participation at seminars and conferences, delivering papers, as well as in the numerous publications on the subject of trusts. Particular attention is dedicated to eventual applications of this institute, by setting up internal trusts.

Family law (i.e. divorce, wardship of children after the death of their parents etc.) is for example a sector in which the Trust could be utilized, through segregation of a personal estate in order to pursue a certain scope, permitting the identification of secure solutions, which otherwise would not have been possible through traditional Institutions.

In corporate law, the trust creates assets endowed with a much higher resistance than those through the utilization of para-social contracts, (e.g. Trade Union agreements.)

Trusts may also be used to pursue the purpose of warranties (e.g. debenture loans guaranteed by immovable property), as well as for the scope to isolate a personal estate to pursue liberal aims.

Relations between public and private entities may be facilitated by a trust in the eventuality of a mixed company.

INTERNATIONAL BUSINESS AND CONTRACTS

The Law Firm is traditionally active in the sector of business disputes relevant to sales (also international) of personal property, trading in raw materials, in the banking sector and that of financial markets. Conte & Giacomini counts, among its clients, leading trading companies, operating on the international market, as well as some of the leading Italian and European shipping companies. Due to its long experience, the firm is in a position to assist its clients in any commercial transaction (contracts of distribution, sales and franchising), and to guarantee adequate defense before the pertinent courts (including the most important international arbitration institutions). The consolidated network of co-operators in Europe and in some of the most important countries worldwide permits rapid intervention, limiting of costs, and therefore control of the procedure guaranteeing the client a highly professional personalized service.

INDUSTRIAL LAW, TRADEMARKS AND PATENTS

The problems linked with intellectual property is one of the sectors traditionally covered by a partner and by various associates of the firm. Reference is particularly made to issues related to the protection of inventions, patents, industrial models, trademarks, as well as questions on the matter of copyrights. Through a consolidated relationship with expert technical advisors in this branch, the firm also offers advice on the registration of trademarks, issue of patents and the formalization of other rights covering intellectual property.

Moreover, Conte & Giacomini Avvocati has acquired extensive experience in drawing up contracts for franchising, merchandising and agreements for the issuing of licenses covering intellectual property secrets and the distribution of products registered or somehow protected both in the Italian and European markets.

In the judicial field, Conte & Giacomini Avvocati assists clients both in Italy and abroad in disputes focused on intellectual property, against unfair competition, encroachment and infringement of patent rights ,and in general all disputes relevant to such matters.

SPORTS LAW

This is a sector where the need to rely on expert, qualified consultants is in constant growth. The Conte & Giacomini Law firm set up their own department some time ago with some lawyers and associates to guarantee professional athletes, their managers and teams the necessary assistance when preparing contracts (transfers, termination of business relationships, insurance problems, wage claims, etc.) and for eventual arbitral disputes (before Courts set up by national and international sports federations) or before ordinary courts as the case may be. The consolidated network of co-operators in Europe and in some of the most important countries worldwide permits rapid intervention, limiting of costs, and control of the procedure guaranteeing the client a highly professional personalized service.

INSURANCE AND INSURANCE BROKER LAW

The firm is active in the insurance sector following the business of large Insurance Companies and Insurance Broker firms.

Traditionally the sectors involved in the work of legal assistance or advice to clients can be found in the following sectors: – Maritime and Land Transport; – Industrial risks; – Risks linked with Sports activities; – Sureties; – Responsibilities of Directors, Auditors and Auditing Companies; – Responsibilities of the Medical profession.
Conte & Giacomini have their own department for advice and legal assistance before ordinary courts and before the leading Arbitral institutions in Italy and Europe.

ENVIRONMENTAL LAW

This sector is particularly important, considering the enormous volume of regulations governing this issue and the increasing number of regulations being issued both on a national and regional level following the L.142/90. Environmental law includes all the legislation covering the subject of urban policies which inevitably affect the environment in general, such as, the protection of the land, air and sea, attention to urbanization, as well as the equilibrium between industrial development and new technologies, and the constitutionally guaranteed human rights to the right of life and good health. Administrative Law certainly does not second place in this context, particularly with reference to disputes taking place between private citizens and the Territorial Public Entities. Conte & Giacomini regularly work to give assistance and advice on matters pertaining to the issue of construction permits and the use of the buildings, plans for building industrial areas limited by general planning schemes and town planning obligations. The Law Firm also deals with such matters under a necessarily correlated criminal law aspect, particularly with reference to construction abuse and relevant consequential sanctions. The consolidated network of co-operators in Europe and in some of the most important countries worldwide permits rapid intervention, limiting of costs, and therefore control of the procedure guaranteeing the client a highly professional personalized service.

ARBITRATION AND ADR

Conte & Giacomini has gained a consolidated experience in the field of national and international arbitration at the leading European arbitration institutions such as the International Chambers of Commerce in Paris and London, The National and International Arbitration Council in Milan, the London Court of Arbitration, the London Maritime Arbitrators Association and the Court of Arbitration of the Zurich Chamber of Commerce. The principal areas covered by the practice concern international sales of personal property, trading in raw materials, international maritime and land transport, distribution contracts and protection of trademarks and patents.

FAMILY, PERSONS AND HEREDITARY LAW

The law firm has dedicated special attention to this sector, setting up a specific department, thanks to the personal interest of some of the associates. Conte & Giacomini is able to assist clients in all aspects pertaining to hereditary law among which acquiring legacy, actions to appeal for legacy, acceptance of legacy with benefit of inventory, renouncement of legacy, and transfer of legacy. The firm likewise deals with problems connected with cases of separation and divorce (mutual consent and judicial), cases of judicial restraint or disqualification. Some of the associates act as trustees for legacies in abeyance. To be highlighted is the interdisciplinary aspect of Trust and confidence with the problems related to heredity rights and management of family estate. A specific working group deals with these problems as underlined in the “Trust” section. The consolidated network of co-operators in Europe and in some of the most important countries worldwide permits rapid intervention , limiting of costs, and therefore control of the procedure guaranteeing the client a highly professional personalized service .

ASSISTANCE ABROAD

Conte & Giacomini has consolidated numerous professional relationships with some large international law firms. These relationships offers in assisting Italian clients in various European countries and on the American continent, both to co-ordinate and supervise legal procedures and items in litigation and to act directly before local Magistrate.

Conte & Giacomini is able to offer a precious service for updating clients on local American by-laws. The service may also be done by electronic means at a distance therefore at extremely reasonable cost. The firm moreover renders a service for auditing the commercial situation of clients, litigations and more in general the business situations. Therefore permitting a rational and coordinated planning of business activities on the American continent.