Maclaw provides its clients with professional support, acting both out-of-court and in legal proceedings within Italy, offering representation before the ordinary courts, the civil and criminal Court of Appeal and the Juvenile Court, as well as before higher jurisdictions (the Court of Cassation, the Council of State, the Court of Auditors, the Constitutional Court), and outside Italy, before national and supranational courts, both in Europe (the Court of Human Rights and the standard Arbitration Courts) and in states outside the European Union.
Assistance with problems connected to handling contractual relations, both in the initial phase and during forced or voluntary termination; in the debt recovery sector; leasing; compensation for tort or contractual damages, with particular reference to air and maritime navigation and road traffic; problems connected to family law and inheritance; separations and divorces; national and international adoptions; establishment or repudiation of maternity/paternity; declarations of succession; assistance in drawing up public and private tenders and relations with the public administration; assistance and consultancy on insurance matters; assistance with joint property ownership problems.
Assistance with company operations involving labour relations such as mergers, acquisitions, company transfer and any associated activity of restructuring and reduction of the workforce, including in the field of the processes regarding the closure and/or outsourcing of sectors of activities. Consultations and negotiations with trades unions and public administrations, drawing up and applying national and company collective contracts, the provision of individual labour contracts, especially for top management, drawing up due diligence reports, ethical codes and company rules, handling mergers, acquisitions, outsourcing, company transfers, collective dismissals, handling labour relations, from hiring to terminating the relations (disciplinary procedures, transfers, changes of duties and qualifications, wages, stock option plans), with particular reference to social security problems.
Protection of Intellectual Property
Assistance in dealing with all disputes concerning industrial and intellectual property rights, both out-of-court and in legal proceedings, the registration and protection of the use and economic exploitation as well as the transfer of brands, patents and domain names. Rights related to new technologies. Drawing up and stipulating contracts regarding Industrial Property rights (brands, patents, designs and models, know-how, domain names) and Intellectual Property rights (copyright), governed by Italian, community and foreign regulations: e.g. coexistence agreements, transfers, licenses, commercial distribution contracts, franchising, confidentiality agreements.
Commercial, Industrial and Corparate Law
Assistance in the formation of companies, temporary consortia of companies and European Economic Interest Groupings in Italy and abroad; carrying out specific corporate operations such as liquidations and extraordinary administrations, mergers, incorporations; restructuring businesses in crisis, acquisition of companies and determining the price; transfer of share packages; drawing up financing contracts with Merchant Banks and other credit institutions; transfer of license and brand merchandising; research and patent rights contracts; national and international arbitration procedures; contractual matters regarding financial or international trade operations.
Assistance on matters of Corporate Finance (creating financial plans, industrial plans, feasibility studies, financial analysis and assistance in finding funds on the capital markets); Private Equity & Venture Capital for companies and public administrations (municipal) in order to increase their capital in view of development and/or acquisition plans; Mergers & Acquisition: in synergy with its own consultants, the Practice is able to offer its assistance in all phases of acquisition, including industrial analysis and perspective, selection and analysis of the objective, determination and assessment of the acquisition price, consideration of taxes and revenues, alternative financing and assistance in the difficult post-acquisition phases of integrating and rationalising the organisation; buying and selling company shares, shareholders' agreements, merger and acquisition operations, issuing debenture loans, drawing up company articles of association, financial contracts on the applied research fund, contractual matters governed by English law as regards the issuing of sureties and the stipulation of financing contracts and debenture loans; Project Financing: assistance in gathering the financing required for the creation of industrial plant and infrastructure which supply services for fees; Assistance in drawing up the project (stock or flow) or regarding relations with the participants in the Project (grantor – promoter – financial consultant – financing subject – general contractor).
Community and national Antitrust Law
Assistance on matters of proceedings under article 85, 86 and 92 and subsequent of the EC Treaty; proceedings under Articles 2, 3 and 4 of the law No. 287/1990; application of the regulatory framework on the community's internal market (free circulation of goods, public tenders, freedom to establish services and capital); general assistance in administrative proceedings before the European Commission; in proceedings before the Court of first instance and the Court of Justice of the European Community; in examining and creating executive projects in order to obtain the contributions laid down by community legislation with specific reference to the financing of businesses.
Assistance provided by the members of the Practice mainly concerns corporate, financial, tax, bankruptcy and digital crimes, the criminal law governing telecommunications and the media; protection of intellectual property criminal law, criminal defence of doctors and professional nurses, planning and environmental crimes, the criminal liability of companies, crimes against public administrations; online sex crimes, online and credit card frauds - phishing - breaches of copyright on software, music and cinematographic files, internet paedophilia, online defamation committed through blogs, newsgroups and forums, harm to persons, defamation, defamation by means of printed matter, disclosure of confidential data and breaches of the privacy law.
Legal Assistance in disputes with independent Administrative Authorities, Regional Administrative Tribunals and the Council of State, public tenders, the law on electronic communications, radio and television frequencies, assistance in providing the documents required in order to take part in public tenders, assistance and filing of the documentation required by state and local public institutions (Declarations of start of works, requests for Authorisations, Licenses and Concessions); assistance in providing the documents required for finance projects and for public-private partnerships; appeals to the Antitrust, AGCOM, Supervisory Authorities, assistance in territorial management (planning law, environmental law etc.), the management of property assets (contracts, property funds, securitisation based on property assets, legal due diligence etc.) and the management of public services (utilities, contracts, power, transport, project financing, structured finance for public administrations, joint ventures); compensation for damages arising from breaches of the antitrust regulations; restrictive agreements on competition and abuse of a dominant position; opposition to administrative penalties, appeals to the Council of State.