Via di Villa Patrizi 13, 00161 Roma (RM) segreteria@gemmaandpartners.com
+39 06 441720 +39 06 84242872

Legal Advice

The Firm has acquired vast experience in representing and assisting its clients in litigation, particularly in the following fields:

  1. Liability claims against former members of BoDs and Supervisory Board in Private and Public companies (s.r.l and S.p.A), in the interest of banking and insurance companies, in the interest of receivers, commissioners and administrators, as well as in the interest of their partners; liability claims for breach of law in conflict of interests and related party transactions; litigation concerning: management’s irregularities, share and purchase agreement, retrocession and claims for damages, M&A;
  2. energy;
  3. defects of warranties and representations, delays, unusual working performance, contractual and non contractual liability;
  4. precautionary, urgent and interdictive relieves;
  5. financial products, investments and betrayed savings. 

The Firm owns a vast expertise in representing and assisting General Contractor, IMCO, banks, extraordinary administration. A multidisciplinary team assists clients during pre-trial negotiations and litigation.

The partners of the Firm gained a deep knowledge of Italian and EU Company law, thanks to their experience as members of BoDs and Supervisory Boards, as well as statuary auditors, and serving as auditors in public and private companies. Notable experience also in planning and assisting companies in extraordinary operations (such as acquisitions, mergers, demergers, divestitures, transfers), together with the ability of coping with problems of members’ entry/exit

The Firm developed an extensive experience in dealing with disputes at any level, relying in particular on highly skilled partners and associates specialised in arbitration and ADR. A key capability is the management of complex domestic, international and cross-border disputes, always giving strategic advices on the most appropriate dispute resolution methods, on the choice of law or jurisdiction and on arbitration clauses.

The emphasis is placed on problems solving, in order to avoid litigation, wherever possible, using techniques of negotiation and conciliation with the aim to provide a quick solution to the customer, which is followed in each phase of the dispute.

The main areas of action in this field include joint ventures, merger and acquisition, energy, oil&gas, investments, property rights, public international law, telecommunications, distribution and international trade contracts

The majority of the work carried out by the Firm is directed to deal with corporate operations especially linked to groups of companies or large corporations, providing them with a full rage of services: diversifying investment, reshaping their organization and improving economic performances (delocalization and organizational efficiency, M&A operations, sale and purchase of shares, financing, accessing to grants and financial sources at regional, national and European level), also for asset management, private equity or pension funds.

The Firm assists both private and institutional customers (among which municipalities, provinces, regions, universities, operators under the public service concession regime, operators in the transport sector) on issues related to environmental law, public contracts, service contracts, concessions for construction and management, urban and landscaping planning, energy and renewable sources law.

The Firm advises corporations on all Antitrust related matters, both on drafting of contracts and representing clients before the Italian Competition Authority (AGCM), the European Commission, civil courts (also for cases of defamation and unfair competition) and administrative courts (for the further appeal of measures and sanctions enforced by independent national authorities).

The experience developed in this field is nationally acknowledged, in fact, one of the partner, Professor Andrea Gemma, has been nominated by Bank of Italy as a member of the Collegio giudicante of the Arbitro Bancario e Finanziario, established by the banking supervisory authority to resolve disputes related to Banking practices. The Firm represents prominent banks, bank foundations and financial institutions on both litigation and non contentious matters, concerning financing, leasing, factoring, securitization agreements, placement on the market of financial products and investments, contractual and non contractual liability’s actions.

The Firm assits leading insurance companies, on medical and professional liability, compensation for personal damage, catastrophic damages and civil responsibility. A team represents prominent construction companies and real estate developers on litigations concerning procurement contracts and (private and public) developements of projects and initiatives.

The Firm provides assistance in access to insolvency procedure (composition with creditors, extraordinary administration and agreements for debt restructuring) and assists its clients in acquisition of insolvent companies or business units. The Firm has worked on major debt restructuring operations through providing assistance in both fiscal and legal issues related to agreements or extra-insolvency consolidation plans. Partners of the firm are frequently appointed as receivers and commissioners of national and multinationals companies.

The Firms assists its clients on operations related to companies and single businesses, mobility and collective dismissal procedures, credit recovery and financial promoting. Our team represents its clients in litigation, on the employers' side, for leading Italian and foreign groups. The Firm also assists managers and individuals in class actions against private and public companies’ administrations, relative to wage treatments claim, salary compensation, fixed-term contracts, particularly with regard to seasonal workers, labor brokerage, recognition of complementary job, project contracts, coordinated and consecutive collaborations as well as assistance in the contracting of the top management of the company.

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