Studio Legale Malimpensa has extensive preparation and experience in the following fields of law, practicing each both in and out of court:
Corporate and commercial law
We advise on the incorporation of companies, including innovative start-ups, drawing up and updating documents such as articles of association and shareholder agreements, corporate mandates, procedures and internal regulations, and guarantee day-to-day and ongoing consultancy for companies, directors, statutory auditors and shareholders regarding all aspects of corporate compliance. We draw on our consolidated experience and expertise to assist clients in extraordinary transactions, including the acquisition of companies, businesses and branches, including preliminary due diligence tasks, and special projects such as network contracts or the adoption of earmarked assets. A pragmatic approach allows us to propose efficiency-enhancing tools based on corporate best practices that offer our clients real added value.
We have gained extensive experience in assistance and consultancy in disputes between shareholders, disputes over shareholder resolutions, liability actions against directors and statutory auditors, liability actions against parent companies, proceedings pursuant to Article 2409 of the Civil Code, compensation lawsuits for abuse of a dominant position and disputes regarding M&A contracts, among others.
We also draw up and negotiate national and international business contracts such as agency, distribution, outsourcing and franchising agreements, licensing agreements, sales, provision and supply agreements, service contracts, non-compete agreements and NDAs.
Civil and contract law
We have acquired significant experience in assisting and advising our clients on matters of civil and contract law, guaranteeing complete support for the drafting and negotiating of national and international contracts. We offer expert consultancy and legal advice on civil and commercial matters. We deal with all issues related to breach of contract and damage compensation, both in and out of court. We also handle the division of assets, termination due to infringement, legal action for compensation and insurance contracts; contracts for the purchase and sale of goods and the supply of services; procurement contracts; and sponsorship, collaboration and consultancy contracts.
Insolvency and bankruptcy proceedings
We provide assistance and consultancy in bankruptcy proceedings; assistance in the preparation of recovery plans, restructuring agreements, composition with creditors and post-bankruptcy arrangements; assistance and consultancy to support bankruptcy proceedings, with regard to both liability actions and the formulation of legal opinions and assistance in disputes regarding claw-back, compensation and contractual actions. When assisting insolvent companies, we work to identify the most suitable crisis management tools and develop the most efficient contractual or judicial solutions. When assisting creditors, we focus on identifying the most effective tools to achieve the best possible satisfaction of creditors’ claims in negotiations or insolvency proceedings.
Litigation, arbitration and ADR
We offer individuals, industrial companies, entities, associations and investment funds consultancy and assistance in pre-litigation and litigation phases before judiciaries of all levels, as well as in national or international arbitrations.
In litigation proceedings, we always start with a detailed analysis to identify the best possible strategy for the client, illustrating the risks, advantages, costs and benefits with the utmost transparency. This allows our clients to consciously evaluate the advised legal strategy and the various solutions available, based on our suggestion of those most appropriate for the efficient management and eventual resolution of the dispute.
Labour law
Over the years, we have developed specific skills in managing personnel and relationships with directors and top management, which include the drafting of employment contracts, non-compete agreements and stability pacts. We assist in the management of employment relationships, also by defining and implementing disciplinary codes, incentive plans, remuneration and welfare policies within the company.
We provide assistance for clients in litigation and pre-litigation matters and disciplinary proceedings, such as the application of disciplinary measures, individual dismissals, judgements relating to appeals against dismissal, requests for higher level job classification and pay differences, claims for subordinate employment status by persons working under other conditions, or compensation claims for damages as a result of injury, biological injury, and mobbing in cases concerning anti-union conduct pursuant to Article 28 of the Workers’ Statute. We also have experience in handling labour law and trade union issues in cases of M&A transactions or insolvency proceedings.
Risk management and corporate compliance
The firm offers consultancy and assistance on legal aspects related to the drafting, implementation and updating of procedures and organisation models pursuant to Legislative Decree 231/2001, advising Supervisory Bodies, or directly assuming such role. We also assist clients by drafting and supporting the implementation of ethical and disciplinary codes. Our expertise in risk management and compliance allows us to offer clients consultancy in the field of privacy and data processing in accordance with European Regulation No. 2016/679.
Industrial law
We have gained significant experience in the protection of trademarks, patents, models, designs and know-how, guaranteeing consultancy and assistance with regard to all related rights. Based on our solid expertise, we also work to protect all types of intellectual property (literary, musical, cinematographic, photographic as well as architectural works, with specific reference to the concept and layout of shops and restaurants), offering our clients assistance and advice on all issues relating to copyright and related rights.
We draw up and negotiate all types of IP contracts on a daily basis, concerning everything from licence agreements, the acquisition or sale of trademarks, patents, models, designs, copyrights and know-how, to production, co-production, recording and distribution.
We also provide assistance in litigation related to the ownership, validity or counterfeiting of securities.
By collaborating with dedicated professionals, we can guarantee our clients complete assistance, including for the filing and registration of trademarks, patents, models and designs.
The Malimpensa Law firm
Milan| Viale Regina Margherita, 39 – 20122 (MI) | Phone: + 39 02 55180705
Besana Brianza| Via Vittorio Emanuele II, 3/a–20842 (MB) | Phone: +39 0362 995387
Accounting firm Malimpensa
Cernusco sul Naviglio | Via G. Verdi, 40 – 20063 (MI) | Phone: +39 0362 995387
Besana Brianza| Via Vittorio Emanuele II, 3/a–20842 (MB) | Phone: + 39 02 92113133
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