We offer a broad range of services in 16 practice areas:
Our assistance includes the preparation of all necessary documents and the creation of any legal structure needed to participate in tenders and undertake the project.
We also represent clients in legal and/or judicial proceedings involving administrative matters. The team includes experienced litigators who are prepared to vigorously defend our client’s interests, while always working to find the solution which best suits the client’s business needs.
The Firm’s experience covers a variety of industries, with a specific expertise in the construction, transportation (airports and logistics centers), utilities, environmental, competition and healthcare areas.
Agency, Distributorship, and Franchising Law
We have represented major Italian-based companies granting rights in most of the world, as well as foreign-based entities granting rights in Italy and abroad.
The team has structured, negotiated and executed hundreds of agreements. The style, format and content of the agreements and collateral documents are always tailored to facilitate the business objectives of our clients, while trying to minimize the legal risks and potential for disputes.
We use a multidisciplinary approach which incorporates the many areas that can affect agency, distributorship and franchising arrangements such as advertising, antitrust, employment, intellectual property, product liability and tax. Our attorneys provide comprehensive counseling as to the application and ramifications of the various laws governing agreements and business opportunities. Additionally, we always strive to remain apprised of developments in our clients’ specific industries and to participate in practice area related groups, such as the International Franchising Association and International Distribution Institute, of which Partner Emilio Battaglia is actively involved.
In agency, distributorship and franchising relationships, conflicts periodically occur, and our team includes experienced litigators who work to resolve the dispute, always striving to find the solution which best suits our client’s business needs. In fact, product liability and sales contract disputes remain a sizable portion of the Firm’s commercial litigation practice.
The group offers a full spectrum of antitrust services, and our advice covers issues related to mergers and acquisitions; joint ventures, strategic alliances, and other collaborations; criminal and civil investigations by government agencies; negotiations with antitrust authorities; antitrust litigation; antitrust/intellectual property issues; antitrust compliance programs; privacy and data protection; and antitrust counseling on topics such as distribution, franchising, licensing, pricing, and trade associations. Our attorneys operate at both the local and EU level.
We team with our clients in an effort to anticipate and resolve competition and antitrust problems before they result in litigation or government investigations. Working in tandem with the key corporate and financial decision makers, our attorneys always strive to find the solutions which best meet the client’s business needs.
Banking, Finance and Capital Markets
Our attorneys can help to develop complex legal structures, draft documents, letters of credit, commercial paper and opinions. The team is also involved in IPOs, including preparing offering circulars, prospectus and related documents, as well as handling all compliance activities with regulatory authorities. Working across multiple jurisdictions and currencies is the norm for us.
We also represent banking and finance clients in administrative and/or judicial proceedings. The team includes experienced litigators who are prepared to vigorously defend our clients’ interests, while always working to find the solution which best suits the client’s business needs.
Partner Alessio Di Amato is the author of the book, Il Danno da Informazione Economica (“The Damage of Financial Information”), Naples, ESI (2004) and numerous law review articles on banking and finance laws. He also serves as a frequent speaker on financial issues. In addition, several of our attorneys serve as university instructors on various business and commercial topics, thus keeping the team continually up to date on the legal and business developments most crucial to our banking and finance clients.
Corporate Compliance, Business Crimes and Investigations
The recent collapse of the financial and business markets has led to a proliferation of civil and criminal actions, and an increased emphasis on corporate compliance measures. And, as a result of this increase in activity, there has been a growing number of law firms and attorneys purporting to be experts in business crimes and investigations. However, a limited number of firms and attorneys can match our experience in corporate compliance and handling business crimes and investigations: we were addressing these issues long before they became so prevalent.
Since the founding of the Firm almost twenty-five years ago, we have counseled corporations and individuals in the defense of a multitude of investigations and prosecutions involving all forms of fraud, tax evasion, insider trading, bribery, kickbacks, counterfeiting, public corruption, money laundering, embezzlement, economic espionage and trade secret theft. Clients include high level corporate officers, government officials, targets and witnesses. Our attorneys are experienced in handling all stages of defensive investigations and proceedings and specialize in managing parallel matters including civil litigation. On many occasions, as a result of our efforts during the investigative phase, criminal proceedings have not been commenced.
Our extensive background in business crime defense also makes us well placed to assist clients in creating their corporate compliance measures. The in-depth understanding of business crime investigations and prosecutions we have gained over the years is invaluable in designing the measures – including those under Legislative Decree n. 231/2001 – best suited for our client’s individual needs and areas of business.
We also strive to stay abreast of developments in technology: as advancements are making corporate compliance and business crime matters more complex at lightning speed, it is no longer sufficient to stay abreast simply of legal and political developments, it is imperative to stay apprised of trends in data privacy and financial technology, such that used for money transfers. This increasing complexity is also making it often necessary to address matters from a global or international perspective and our attorneys frequently work with in-house and co-counsel from abroad to handle and coordinate these multi-jurisdictional issues.
Astolfo Di Amato & Associati is considered one of the leading Italian firms in defending business crimes and investigations. The Firm has counseled corporations and individuals in the defense of investigations and prosecutions involving all forms of fraud, tax evasion, insider trading, bribery, kickbacks, counterfeiting, public corruption, money laundering, embezzlement, economic espionage and trade secret theft. Clients include high level corporate officers, government officials, targets and witnesses. Our attorneys are experienced in handling all stages of defensive investigations and proceedings and specialize in managing parallel matters including civil litigation. On many occasions, as a result of our efforts during the investigative phase, criminal proceedings have not been commenced.Our practice is among the most sophisticated in Italy. We regularly represent high-profile clients in cases requiring the utmost discretion. Often these matters require immediate and constant attention, and we are prepared to step in without delay. And, as these types of investigations and proceedings are usually disruptive, we work closely with the client in order to assist them in preserving a semblance of order and to allow their business operations to continue, to the extent possible.
The team is also well placed to assist corporations with sensitive internal investigations.
The team frequently counsels clients on legal issues connected to construction and engineering, as well as land use, zoning, permitting and related matters. We also help address the environmental issues which can arise in the construction and real estate arena.
Our services include purchase and sales agreements, drafting and negotiating public or private contracts for works or for supplies of services, advising at the tender stage for the acquisition of new contracts in Italy and abroad, submitting and defending claims during execution of the work, and assisting in dispute resolution.
The team has extensive experience drafting, negotiating and executing commercial and corporate agreements. Our attorneys work to create solutions which best meet the business objectives of the client and to build long-standing relationships. In fact, many of our clients have been with us since the founding of the Firm. The close relationships we forge enable us to obtain a profound understanding of the client’s business which results in cost-benefits and more effective legal representation.
Our attorneys can readily advise on the entire spectrum of corporate matters. In particular, we assist clients with respect to entity formation, corporate governance and directors' duties and liabilities, group reorganizations, intra-group transactions, issues relating to share capital, and stock option plans.
Our attorneys represent clients in environmental issues brought before the administrative, civil and criminal courts. We regularly litigate disputes arising from the manufacture, handling, sale and disposal of hazardous or potentially hazardous substances. The Firm defends companies both individually and as part of shared counsel joint defense groups.
We also provide many clients with general advice on compliance with environmental laws relating to such areas as waste disposal, water discharge, air emissions and hazardous substances.
The founder of the firm, Prof. Avv. Astolfo Di Amato is the author of the books, La Responsabilità Penale da Amianto (“The Criminal Law on Asbestos”) Milan, Giuffrè (2003), Le Leggi contro L'inquinamento: Annotate con la Giurisprudenza (“The Anti-Pollution Law: Annotated”) Padua, Cedam (1991) and often serves as a speaker on environmental issues .
Information Technology, Telecommunications and E-Commerce
Our advice covers such areas as cross-border acquisitions, strategic investments, commercial contracts, tender offers, and joint ventures. We team with the client to analyze risks and opportunities, forge new business relationships and to further the client’s profile in Italy and internationally.
Through our membership in Multilaw, one of the most prominent international networks of independent law firms, and through the close working relationships our attorneys have built with professionals practicing in the most important commercial centers in the world, we can provide seamless multijurisdictional service to our clients. Whether the client is an Italian entity seeking opportunities abroad, or a foreign investor looking to expand its presence in Italy, the skills and resources of our Firm can facilitate the transaction.
Our services include evaluating, structuring, negotiating and documenting agreements related to the licensing of intellectual property and the distribution of the products both in the Italian and foreign markets.
We also have substantial experience in the drafting and negotiating of franchising contracts and merchandising and product placement arrangements, particularly for the fashion and automotive industries.
When litigation becomes necessary, our team includes experienced advocates who strive to resolve the dispute, always working to find the solution which defends the client’s interests and best suits their business needs.
International Business Transactions and Foreign Investments
The matters we handle range greatly in size and complexity: from standard licensing agreements to sophisticated international deals.
Our lawyers strive to establish practicable contractual relationships for our clients. We focus on meeting the business needs and objectives of our clients, managing the business risks inherent in technology transactions and offering practical solutions to complex business problems. When litigation becomes necessary, our team also includes experienced advocates who are prepared to vigorously defend our clients’ interests.
The founder of the Firm, Prof. Avv. Astolfo Di Amato is the director of the law review Diritto ed Economia dei Mezzi di Comunicazione (“Law and Economics of Communications and Media”) and the author with Avv. Marianna Quaranta of Il Codice delle Comunicazioni (“The Communications Code”), Liguori Editore (2007) - the first truly comprehensive collection of the Italian communications laws. In addition, a number of Firm members serve as university instructors and members of government and non-profit institutions involved in information technology and telecommunications related topics.
Litigation, Arbitration and Dispute Resolution
We work for Italian and multinational public and private companies, financial institutions, entrepreneurs and individuals, and the team has successfully represented clients in a wide range of disputes ranging from corporate and commercial disputes to business crime defense.
Using their substantive knowledge and well-honed advocacy skills, our litigators work to resolve the dispute, while always striving to control costs and to find the solution which best suits the client’s needs. We have the resources to handle large actions, and the experience and expertise to handle smaller cases efficiently. Matters are always evaluated at the onset to determine if litigation can be avoided, or, if it is instituted, whether the issue can be resolved promptly. We strive to keep our clients fully apprised of the proceedings and work closely with them in all strategic decisions.
Arbitration has become one of the preferred methods of resolving commercial disputes, particularly in the international setting, and the founder of the Firm, Prof. Avv. Astolfo Di Amato has substantial experience as counsel, expert, and arbitrator in both domestic and international arbitrations. He is frequently selected by parties to serve as an arbitrator, and by other arbitrators to serve as the president of arbitration panels.
The team has attained a national reputation for its trial and dispute resolution practice. Among others, we are highly recommended by the publication PLC Which Lawyer, while Prof. Avv. Astolfo Di Amato is ranked as a highly recommended attorney in the area of dispute resolution. Partner Francesca Paola Rinaldi, based in our Naples office, is known for her litigation expertise, particularly in the business and banking areas. Moreover, members of the group frequently act as expert witnesses on Italian law in proceedings abroad and contribute to a variety of litigation publications for organizations such as the American Bar Association.
Major Projects and Project Financing
Using our attorneys’ expertise and experience, we assist clients with all aspects of a major project: from permitting, documentation and financing to environmental concerns. The group’s goal is to assist the client in bringing the project to successful completion by addressing the legal and business issues in a cost-efficient and pragmatic way. We are also well placed to assist in dealings with administrative entities and potentially adverse parties so as to develop preventative measures and resolve complications that could otherwise lead to costly delays or litigation. In the event litigation should arise, the team includes seasoned advocates who are prepared to vigorously defend our client’s interests, while always working to find the solution best suits the client’s business needs.
The Firm strongly believes that to be a good corporate and commercial lawyer, one must have a strong background in dispute resolution. For this reason, all of our attorneys are required to have substantial litigation experience, thus facilitating the team’s ability to assist the client in identifying and managing the potential risks of the merger or acquisition.
Increasingly, M&A transactions involve parties located in diverse jurisdictions. Through our membership in Multilaw, one of the most prominent international networks of independent law firms, and through the close working relationships our attorneys have built with professionals practicing in the most important commercial centers in the world, we can provide seamless multijurisdictional service frequently needed by M&A clients.
We regularly advise creditors and investors on their relationships with entities in a pre-bankruptcy status, in order to collect receivables and/or to consent to an investment in an insolvent entity. Our team also assists clients with respect to negotiation and settlements with other creditors.
Our reorganization and insolvency practice includes litigation before the competent ordinary and insolvency courts, as well as the Italian Supreme Court. We handle contentious matters such as recovery actions, proofs of debts, and stockholders' and derivative suits against directors and auditors.
Sports, Entertainment and Media Law
Our advice on sports law covers a broad spectrum of areas from disputes and transactions to investigations. Among others, we have worked with player associations, sports ownership groups, governmental entities, coaches, sports leagues, sponsors, and sports league officials. Additionally, we represent clients in connection with internal and governmental investigations. Moreover, four of the members of our Firm are active on commissions of the F.I.G.C. (Federazione Italiana Gioco Calcio - the Italian Professional Soccer Federation).
For our entertainment and media clients, we regularly advise on a wide variety of commercial issues such as contract disputes, intellectual property matters, and real estate transactions. With respect to the media field, we are particularly active in the publishing arena, representing a number of press associations, publishing houses and daily newspapers.
