CIVIL AND CORPORATE

CIVIL AND CORPORATE

CORPORATE LAW

The Firm is able to support the Client in the so-called ‘corporate reorganisation’, assessing the legal and economic implications, both in a first phase of analysis (search for the causes that led the company to the state of crisis and simultaneous examination of its institutional and organisational structure, as well as its accounting system, production cycles and other business aspects) and in a second phase of drafting the corporate restructuring plan.
The firm, therefore, offers: examination of the company’s financial situation and analysis of the state of crisis; strategic management of the crisis with a view to corporate reorganisation and preparation of debt restructuring plans, certified reorganisation plans, restructuring agreements, tax settlements; negotiation of agreements with creditors (banks, suppliers, employees, etc..), financing plans and related guarantees, litigation management; assistance in composition and bankruptcy proceedings; assistance in voluntary liquidation proceedings; assistance in bankruptcy proceedings; negotiation and management of employees in case of mergers and/or acquisitions.

CORPORATE REORGANISATION

With the advice of qualified professionals in the field of corporate law, the Firm has experience in corporate reorganisation and restructuring, in litigation between shareholders and directors, in the drafting of shareholders’ agreements and amendments to the deed of incorporation, in business transactions between individual companies with regard to the sale of companies and/or branches of companies, mergers and shareholdings.
The firm deals with safeguarding corporate liability, the liability of legal entities and natural persons operating and holding representative, administrative and/or management positions within and for the company, all pursuant to Legislative Decree no. 231/2001 with the consequent drafting of organisation, management and control models.

CORPORATE CRIMINAL LAW

The firm offers assistance in the field of Corporate Criminal Law to Italian and foreign companies, multinationals, listed or unlisted companies as well as individuals, in and out of court, also in favour of those who are victims of unlawful conduct. Preventive counselling is aimed at all those who want to be sure they are acting correctly, in compliance with criminal law, when carrying out their entrepreneurial and corporate activities, targeting the entire production sector, from start-ups to companies that have to carry out industrial, corporate and financial restructuring operations in the event of difficulties.

Legal activity is aimed at assisting entities and individuals – involved in criminal or administrative proceedings with criminal implications – before the Judicial Authority, the Courts and the Appeal Courts throughout Italy, before the Court of Cassation and before the Control Authorities, Consob, Bank of Italy, etc. Assistance is provided in all areas concerning the life of the company, its managers, directors and consultants, and in particular in the following matters:

  • Environment
  • Security at work
  • Cyber Security
  • Data Protection
  • Privacy Protection
  • Image Protection
  • Protection of Intellectual Property
  • Corporate Criminal
  • Financial Criminal
  • Criminal Taxation
  • Professional Indemnity
  • Drafting of Compliance Programmes and Criminal Profiles Relevant to the Administrative Liability of Entities Pursuant to Legislative Decree No. 231/2001.
MERGERS, ACQUISITIONS & PRIVATE EQUITY

The Firm is a leading player in the M&A and private equity sector in Italy.
The Firm’s scope of practice includes advising both industrial clients and investment funds and other financial institutions in transactions involving the acquisition or sale of stakes in private or listed companies, joint venture or business combination transactions, management buyouts or other transactions characterised by the use of leverage either through financial debt (leveraged buyout, leveraged recapitalisation) or through the use of alternative methods (participatory financial instruments, securitisation programmes, etc.).
The Firm offers highly integrated and specialised services in the field of Private Equity and Venture Capital (both in the establishment of investment structures and for the typical activity of Funds), in restructuring operations of companies in crisis (extraordinary purchase and sale operations through bankruptcy procedures) and in public M&A operations (operations on listed companies with or without de-listing, including public offers for sale and/or subscription).
The firm’s focus on regulated sectors allows it to provide particularly qualified due diligence services in extraordinary transactions involving operators in regulated sectors such as the financial/insurance, pharmaceutical and TMT sectors.

CONTRACTS

The firm offers consultancy services, drafting and drafting of commercial contracts, agreements and transactions also in foreign languages, placing at the disposal of the client, whether private or corporate, its experience and assistance from the negotiation phase to the drafting of the final deed, as well as, where necessary, in the post-contractual phase.

CREDIT RECOVERY, BANKRUPTCY PROCEDURES & CREDIT MANAGEMENT

The firm offers consultancy and assistance, extrajudicial and judicial, in order to enable clients to recover outstanding debts from individuals, companies and public bodies. Professional assistance is provided on any legal matter pertaining to debt recovery: from the out-of-court phase, through the sending of letters of warning and formal notice, to the drafting of agreements and repayment plans, up to the judicial phase. In this context, it also assists the client in the enforcement phase, through movable and real estate attachments, as well as in auction sales and other real estate executions.
In managing the position, the Firm pays the utmost attention and expertise in identifying, with a view to containing the costs of managing the case, the strategy and tools made available by our legal system to enable the Client to obtain satisfaction of its claims in a timely manner.
The Firm has also gained experience with reference to Regulation (EC) No. 1896/2006 (European D.I.), which established the European order for payment procedure with the aim of simplifying, speeding up, and reducing the costs of proceedings in cross-border disputes concerning uncontested pecuniary claims and with the benefit of eliminating the entire title procedure. With a multidisciplinary approach, the firm is also able to effectively proceed with the recovery of claims against public administrations. Partners of the Firm are appointed bankruptcy receivers and delegates for judicial sales.
The Firm is able to assist clients in situations of financial difficulty in bankruptcy proceedings, including out-of-court proceedings. The Firm assists numerous companies in managing credit risk towards clients with the aim of improving corporate liquidity. The service was created with the idea of supporting companies not only in the ‘pathological’ phase, i.e. in the presence of an unpaid debt to be recovered in or out of court, but also in the normal and ‘physiological’ phase of the company’s life by preparing organisational models aimed at minimising unpaid debts and commercial disputes and ensuring that the entrepreneur has constant control over his own exposure to trade receivables and the quality of his customer portfolio.
The service starts with the preparation of an organisational model for customer selection, entrusting, reminder and recovery, passing through the legal analysis of contracts and general terms and conditions, company forms and every aspect related to credit management. The objective is to optimise in synergy with the entrepreneur the entire order-to-cash process with the sole aim of obtaining more liquidity while maintaining the best customer relationship.

LABOUR LAW

The firm offers legal advice for personnel management, both pre-litigation in the optional attempt at conciliation before the Territorial Labour Inspectorates with the obvious aim of avoiding the onset of litigation, and litigation with legal assistance before all courts located throughout the country. In the event of conduct or behaviour on the part of the worker that requires the company’s intervention (disciplinary proceedings, change of duties or activities related to particular company requirements, etc.), all written communications and communications from company bodies are screened, in order to adequately represent the risks or benefits of a particular company approach.

PRIVATE INTERNATIONAL LAW

The Firm assists numerous companies that operate in the international arena and that, consequently, need to be assisted especially in the pre-contractual phase by Professionals who have the due knowledge of the operation of Private International Law and who guarantee the correct inclusion in contracts of those safeguard clauses necessary to assert their rights even in complex and articulated contexts such as those of international trade.

TRADE LAW

The firm routinely assists major international groups operating in the field of organised commercial distribution in favour of which it advises both on the construction of shopping and entertainment centres throughout Italy and on issues related to the relevant authorisation procedures (building and commercial) and ordinary management activities.

ADMINISTRATIVE LAW, CONTRACTS, CONCESSIONS, PUBLIC SERVICES & PROJECT FINANCING

The Firm has specific expertise in the field of tenders, concessions, public services and project financing.
The Firm assists clients both in the phase of participation in public tenders for works, supply and services contracts and in litigation before the competent administrative courts (T.A.R. and Council of State).
The Firm has assisted in project financing transactions for the establishment of the promoter in the context of construction and management concession procedures.

ARBITRATION LAW

The Firm routinely assists its clients in the context of arbitration proceedings in various sectors relating to insurance law, real estate, public and private procurement, public services, as well as company law and contract law, both in Italy and Europe.
Partners of the Firm have acted as arbitrators (including as Chairman of the Arbitration Board and/or sole arbitrator) for the resolution of delicate disputes.

ENVIRONMENTAL LAW

The Firm has also acquired extensive professional experience in the field of environmental law.
In particular, the Firm has provided advice and assistance – also in the relative administrative litigation phase – in procedures concerning waste recovery activities as well as in environmental impact assessment (E.I.A.) procedures for production plants and infrastructures, and in the field of energy from renewable sources with particular regard to the development of photovoltaic plants.
The firm routinely provides assistance in the field of environmental recovery operations resulting from quarrying activities.

BANKING LAW

BANKING LAW

BANKING LAW & NON-PERFORMING LOANS (NPL)

The firm has developed a consolidated experience in banking law, both in litigation and advisory.
Clients include commercial banks, investment banks, pension and investment funds, insurance companies, asset management companies and finance

MEDICAL LIABILITY

MEDICAL LIABILITY

MEDICAL AND HEALTHCARE LIABILITY

Significant is the experience acquired over the last decade by the Firm in the field of medical liability, on the basis of the valuable collaboration of medical-legal professionals and specialists in the various branches of medicine who place their many years of experience in the field at the Client’s disposal. The sector in question is probably one of those in which the Firm has reached the highest level of specialisation, enabling victims and their families to obtain just compensation for any prejudice suffered as a result of diagnostic or executive medical errors, omissions in medical treatment, or inefficiency of the hospital structure.
The Firm has obtained significant results both in and out of court, especially with regard to compensation for nosocomial infection, lack or defect in the organisation of the hospital, team liability, informed consent, emergency, legal ophthalmology, death due to malpractice, macro-permanent injuries, and loss of chance of survival and recovery.
The Firm has provided and continues to provide assistance not only to patients but also to hospitals and/or nursing homes, as well as private medical-professional practices, guaranteeing a careful examination of passive and active litigation and the most appropriate measures to be taken to protect corporate and private interests

REAL ESTATE LAW

REAL ESTATE LAW

TENANCY AND CONDOMINIUM LAW

The law firm has gained meticulous experience in the delicate field of condominium and eviction procedures.
Thanks to its collaboration with leading administrative offices and professional condominium administrators and to the consolidated relationship of trust with agencies specialised in real estate leases, the Firm has acquired particular competence and experience in the field of managing leases and evictions (from the drafting of contracts to the consequent administrative tasks: e.g. registration of rental contracts, building transfer reports, eviction procedures) and in condominium law (condominium versus private individuals, debt collection, condominium regulations, neighbourhood relations).
The Firm’s assistance is also provided through direct participation in condominium assemblies, and by taking charge of the client’s position in judicial litigation and in the administration and management of all tax and fiscal issues.
The Firm is a member of ANACI, the most important and prestigious association of property administrators.

FAMILY LAW

FAMILY LAW

FAMILY AND JUVENILE LAW

Another of the Firm’s main areas of expertise is legal assistance and advice, in and out of court, on family and juvenile law.
The firm specialises in the field of parent-child relations and personal and property relations between spouses, separation and divorce proceedings, recognition and disavowal of paternity, child custody proceedings and protection against abuse and violence.
It is well known that the number of families in crisis and in the process of separating or divorcing is rising sharply, as are the difficulties faced by children. The firm’s work in this field has the pre-eminent aim of protecting, both in civil and criminal proceedings, the inviolable rights of the individual, which find their highest expression in the family, and in particular the delicate legal position of minors.

TRUST

The Firm specialises in the establishment of Trusts, a system of fiduciary registration of assets which aims at the absolute patrimonial segregation of the transferred assets, separated from the settlor’s assets.
Generally speaking, a trust is a relationship whereby the settlor (trustee), who is given the rights and powers of a real owner (legal owner), manages assets for a predetermined purpose, provided that it is lawful and not contrary to public order.
The Firm assists the client in all the phases of planning and setting up a Trust, ensuring the enjoyment of the numerous advantages offered by this important legal institution (impignorability and unseizability of the assets in Trust; armour-plating of the assets; Tax advantages of the Trust).

REAL ESTATE

REAL ESTATE

REAL ESTATE

The Firm provides advice and legal protection in relation to acquisitions and disposals of commercial, agricultural, industrial and residential real estate, as well as in the negotiation and drafting (termination and/or renegotiation) of a wide variety of contracts, including: acquisition contracts, leases, financing contracts, tender contracts, construction management.
The firm therefore provides professional advice for the drafting of urban planning instruments, programme agreements and other negotiated planning instruments, as well as the establishment of urban transformation companies. In the context of important Integrated Intervention Programmes, the Firm has in fact repeatedly provided its assistance to private subjects also in relation to real estate investment operations and company relocation. The activity has involved the negotiation phases, the verification of the urban-planning and building situation of the properties involved in the transaction, as well as the drafting of both the urban-planning agreements and the contractual documents regulating the relationships between private parties.
The Firm has provided assistance and consultancy, both in terms of urban planning – construction and contractual aspects, for the realisation of numerous real estate projects of a residential, productive and logistical nature, in various regions of Italy.

Studio Legale Murru
Piazza Castello n. 1 – 20121 Milano
Tel. +39.02.760.11.935
Fax. +39.02.890.93.797
segreteria@studiolegalemurru.it

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