DEBT RECOVERY & DISPUTES
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PAVAN ERNESTO & FIGLI s.p.a.
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“At the Disputes Department, we deal pathological situations. We can do that in court either in Italy, and abroad thanks to our extensive network of foreign correspondents. Arbitration is common avenue in cross-border disputes and we are familiar with the most utilized arbitral institutions, namely ICC for which we’ve also served as arbitrator. Finally, ADR and mediation in particular is definitely embedded in our practice in order to give our clients a choice to have their disputes resolved in a quick and less expensive way”.
“Al Dipartimento Contenzioso ci occupiamo di situazioni patologiche. Possiamo farlo in tribunale sia in Italia che all’estero grazie alla nostra vasta rete di corrispondenti stranieri. L’arbitrato è un’opzione ricorrente nelle controversie transfrontaliere ed abbiamo familiarità con le istituzioni arbitrali più utilizzate, in particolare l’ICC per la quale abbiamo anche ricoperto il ruolo di arbitri. L’ADR, poi – la mediazione, in particolare – è decisamente integrato nella nostra pratica, per dare ai nostri clienti la possibilità di scegliere di risolvere le loro controversie in modo rapido e meno costoso”.
“At the Contracts Department, we assist clients in negotiating and finalizing their domestic, and cross-border operations. We are convinced that a good contract cannot provide an umbrella against all bad weather, however it can help not getting too much drenched. Good deal-making is an investment for the future. Also, complex situations, such an investment abroad require a co-ordinated action to have a safety legal net built up; our task is to identify the most opportune way to protect our clients interest”.
“Nel Dipartimento Contratti assistiamo i clienti nella negoziazione e nella finalizzazione delle loro operazioni nazionali e transfrontaliere. Siamo convinti che un buon contratto non può fornire un ombrello contro tutte le intemperie, ma può aiutare a non inzupparsi troppo. Un buon contratto è un investimento per il futuro. Inoltre, situazioni complesse, come un investimento all’estero, richiedono un’azione coordinata per costruire una rete legale di sicurezza; il nostro compito è quello di individuare il modo più opportuno per proteggere gli interessi dei nostri clienti”
Technology has always been an asset, and IPRs (intellectual property rights) its traditional tools. The digital revolution however is contributing to a new global perspective by amplifying ways, and speed of dissemination of protected works.
We can assist clients in various sector of so called intellectual property law: copyright and related rights, but also patent, design, and trademark law. On the contractual side, we can assist in drafting licensing contracts, as well as other arrangements relating IP, especially in a technological JV context.
Most of the disputes we have dealt with are relating to design law, passing off, and other unfair competition activities, all over the place. The challenges posed by technology development have also added disputes on computer programs, domain names, and use of protected works on the internet, to the picture.
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As more and more jurisdictions are increasingly sharpening their attitude towards ‘dangerous’ products, producers are facing new challenging situations.
We can help our clients in assessing the risks in the markets they trade in (in particular in the US and the EU), and in duly protecting themselves as far as it is legally possible. We often team with risk analysts of independent brokers who may design the most opportune insurance coverage.
During the years, we have dealt with various product liability claims in Italy and abroad, and we are prepared to assist our clients in the most difficult situation as those stemming from casualties, or demanding a return campaign
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Commercial sales are the most common international commercial transactions and we may help our clients to operate in a safe environment.
Luckily, the uniform rules of Vienna 1980 Convention on international sales apply most of the times, however many countries still are not part of it (e.g. the United Kingdom), and Vienna does not cover all issues 100%. In addition contracts for works may, or may not fall within the Convention scope. There are also areas, namely the commodities trade, that is traditionally governed by the English law. So the situation is not simple as it would seem at first sight.
In addition of taking care of ad hoc transactions, we have an expertise in drafting general condition & terms, which may apply to a limitless number of business counterparts.
On the dispute side, we have our litigation department operating either in Italy, and abroad; and put into place a cost-effective process for debt recovering.
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Our basic idea is that disputes are always a risky investment that requires appropriate risk analysis and an extensive exploration of any alternative way to deal with it.
ADR can offer a valuable parallel channels to a litigation in court or before an arbitral tribunal, most of the times, and we make large use of it in accordance with our clients’ whishes. Mediation is, of course, a primary avenue and we are happy to assist our clients in such context, since it is not different from what we normally do, i.e. supporting negotiations.
Most of our lawyers are experienced mediators themselves, so they know about the conflict dynamics in the interaction, and may help the clients in selecting the most opportune mediation center, and mediator.
Something we’ve done during the years:
Distribution contracts (commercial agents, intermediaries, distributors, franchisees, …) may be defined as the speciality of the house. Distribution contract are a sensible components for the success of companies, irrespective they sell goods or services. It is fairly uncommon, in fact, that they succeed in establishing a direct links with oversees customers, and the answer is to have somebody doing it locally for them. Of course, electronic commerce has changed the scenario in the recent decades, however a physical presence is still required in many sectors. As a rules, this kind of contracts consist in long-terms arrangements, so the have to be carefully drafted, taking into consideration not only the starting situation, but any possible development as well, from both factual, and legal point of view. We have no crystal ball, of course, however we think you’re fairly good in that, since we’ve been doing it for 30 years and clients are satisfied.
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Sadly, sometimes it’s better to close, or radically change a business instead of keeping on accumulating losses. Bankruptcy laws often offer some safe harbor in this respect.
In particular, we can support our clients in financial distress in organizing an arrangement with creditors, in order to renegotiate their debts and be able to continue to operate.
On the other hand we regularly assist clients in claiming effectively their credit towards debtors on the verge, or in the middle of a bankruptcy, in Italy and abroad.
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Employment laws are traditionally rooted in each country traditions. Movement of people across the frontiers has been increasingly creating critical situations.
We can assist our clients, in particular those based in other jurisdictions, in
drafting employment contract with Italian employees, or managers.
We are regularly active in court in employment disputes. In case this occurs abroad, we avail ourselves of reliable local attorneys.
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Real estates transactions are often lengthy and complex. They move not insignificant amounts of money, and deserve an attentive analysis of local legal technicalities.
We can assist our clients who wish to acquire buildings, or pieces of land, either on lease or freehold, in Italy and abroad, in all legal aspects (contracts, financing, permits, …). Transactions of this kind are governed at large by the laws where real estate lie, the so called ‘lex rei sitae’, so in dealing with properties abroad we liaise with local attorneys. In Italy a public notary’s final intervention is legally needed, and our activity is mainly devoted to preparing the deal, and relevant follow-up.
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We can help our clients in selecting, and starting up their business vehicles in Italy and abroad.
This includes drafting appropriate articles of association and by-laws, as well as any satellite agreements between shareholder or commercial partners.
By having fiscal experts in our working teams, we can help in identify the proper group organization in view of maximize not only efficiency in logistic operations, but also minimizing the overall fiscal impact on it in compliance with local and international tax and antimony-laundering regulations.
A special attention is given to help young entrepreneurs, facing typical concerns relating to starting up a new business. On the litigation side, we have a robust expertise in lawsuits concerning disputes among partners, or relating to the vehicle’s management (e.g. managers’ and directors’ liability).
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