IT
Activity
  • NATIONAL AND INTERNATIONAL COMMERCIAL CORPORATE LAW

    One of the firm’s team assists and advises companies with regard to corporate and commercial issues concerning their activity / transfers / leases, management of relations between shareholders, raising finance, etc.

     

    In particular, LEXER  assists its clients with the following:

    - negotiation of agreements,
    - drafting and amendment of articles of association,
    - shareholder agreements,
    - transfer of equity interests / shares,
    - sale/lease of companies,
    - contracts of association (in participation),
    - incorporated JV,
    - sale of companies/assets, from early stages of due diligence.
    - disputes between companies and/or between companies and their shareholders, and/or directors, and/or auditors before specialized courts,
    - national and international contracts (including in English, French, and Spanish); in particular, the most common contracts concern supply, agency, distribution, franchising, service contracts, partnerships, commercial agency, distributorship agreements, joint ventures, etc.

     

    With particular focus on contracts and international disputes, over the years, the firm’s partners have succeeded in establishing connections with colleagues from the major European cities. Such relations based on mutual respect and trust enable the firm today to provide comprehensive, timely responses to clients also in relation to disputes taking place abroad. 

  • IP LAW AND UNFAIR COMPETITION

    The firm advises clients on planning of protection of trademarks, patents and other industrial/intellectual property rights (know-how, designs, copyright, domain names, web rights).


    Most frequently, the firm’s specialists deal with:


    - notices of intellectual/industrial property rights infringement,
    - assistance with filing of applications for protection (in Italy and abroad),
    - drafting of licensing agreements, contracts for granting of rights/rights of use,
    - confidentiality agreements,
    - monitoring of property rights and positions,
    - disputes concerning intellectual property rights and unfair competition before specialized court sections,
    - enforcement of interim measures of IP rights protection: descriptions, seizures, injunctions, etc.

  • BANKRUPTCY/INSOLVENCY PROCEEDINGS/RESOLUTION OF COMPANIES’ CRISIS

    The firm advises client undertakings on various issues of composition with creditors, recovery and financial restructuring. The services are provided to both  ailing businesses and enterprises having claims against distressed companies.

     

    As for the former group, we provide, inter alia, the following services of in-court and out-of-court nature:

    - advising throughout the winding up phase,
    - providing for various forms of pre-bankruptcy arrangements with the creditors,
    - debt restructuring agreements,
    - recovery plans,
    - valuation of related criminal law issues,
    - out-of-court compositions.

     

    Regarding the latter group, we offer, inter alia, the following services :

    - proceedings for a declaration of bankruptcy,
    - applications (within or after the deadline)  of proofs of claim in bankruptcy/claw-back and restitution actions /  ,
    - creditors’ claims challenging the existing list of liabilities and distribution plan,
    - claims for credit revocation,
    - claims for bankruptcy revocation,
    - debt recovery and verification during the pre-bankruptcy arrangements with the creditors.

  • ACTIVITIES OF FINANCIAL NATURE

    Enhanced by the existing partnerships , we advise and assist our clients with regard to the following extraordinary transactions:

     

    - collection of savings, negotiable securities and other bonds (capital securities, debt securities, etc.),
    - money market instruments: minibonds, bonds, etc.,
    - shares in collective investment undertakings,
    - derivative financial instruments listed or not listed on regulated markets,
    - complex financial products,
    - issues concerning financial instruments, both at the stage of their negotiation and in legal proceedings,
    - due diligence: advising on identification, analysis, and valuation of portfolios,
    - securitization transactions,
    - tender offers and initial public offerings (IPO’s),
    - listing on the stock exchange.

  • LABOR LAW

    The firm advises undertakings and employees in labor law proceedings, assisting them in negotiation of employment/collaboration agreements, as well as legal actions before specialized courts.


    Most often we deal with:


    - assistance during the conciliation stage at territorial labor offices or before trade unions,
    - disputes connected with differences in pay and social security contributions,
    - assistance and advice on disciplinary sanctions and sanctions challenging proceedings,
    - disputes involving  appeal against dismissal,
    - disputes between companies and social security institutions, charities and labor inspectorates,
    - disputes concerning joint liability for contributions and wages within contracts for supply of work or services ,

    - applications for action filed with the Wage Guarantee Fund in the Event of Employer Insolvency concerning employees’ claims guaranteed by the fund (TFR severance pay and salaries),

    - advice and assistance with trade unions disputes.

  • ARBITRATION AND CONCILIATION (ADR)

    One of LEXER’s  team offers conciliation and arbitration services, and it assists and advises as well clients throughout conciliation and arbitration proceedings, both in Italy and abroad.
    We offer our services in both binding and non-binding arbitration procedures regulated by the Italian Code of Civil Procedure, as well as international arbitration and corporate disputes.
    In this framework, we assist our clients by drafting  arbitration clauses and arbitration  agreements, initiating and participating in arbitration proceedings, as well as in relation to the enforcement of arbitration awards.

  • CREDIT RECOVERY

    The credit recovery activity takes place both in court and out of court based on the following steps:
    - acceptance of engagement and initiation of the procedure, with exact identification of the parties involved,
    - acquisition and verification of data: certificates issued by the chamber of commerce / commercial documents / cadastral documentation,
    - issue of a payment reminder,
    - establishment of a credit claim and debt collection: motion for an injunction, assistance at the stage of appeal against the grant of injunction, ordinary proceedings for the declaration of existence or non-existence of an  amount receivable.

  • PRIVATE CLIENTS

    Our team has gained a wealth of experience  in advising on sensitive issues of family disputes (marital issues, intergenerational matters, disputes between  relatives), family law and children’s rights, and in general, conflicting relations between individuals.
    We dedicate particular attention to the preservation of relations between the parties involved, prevention of unhealthy situations, and finding solutions taking into account the interests of all the parties concerned (according to the collaborative practice principles).

     

    The services closely linked to day-to-day needs of our private clients include, in particular:
    - assistance with family conciliation, 
    - management of intra-family disputes, 
    - legal separation and divorce proceedings, 
    - custody of children, 
    - procedure for the nomination of the guardian appointed by the court, 
    - agreements on the transfer of equity interests between family members (family pacts), 
    - drafting of marriage agreements, 
    - assistance with the name change procedure,
    - request for alimony, 
    - assistance with  and intestate succession, 
    - assistance with the division of the estate owned by a community of heirs, 
    - advice on the preparation of wills and resolution of relative disputes, 
    - assistance with negotiations, assumption of powers of attorney with regard to sale and purchase of real estate, 
    - negotiation and drafting of preliminary contracts, lease agreements (including lease option agreements) and gratuitous use contracts, 
    - handling of issues related to apartment buildings and hiring of buildings (eviction for overdue payments, lease expiry, specific procedures), 
    - advice and assistance regarding disputes related to road accidents, 
    - challenging administrative sanctions and handling other cases of non-contractual civil liability.

  • PUBLICATIONS

    The LEXER team has published the following works:

     

    - Concorrenza sleale e qualificazione della domanda (Unfair Competition and Characteristics of the Demand), in Diritto Industriale (Industrial Law), Milan, 2004, vol. 2, pp. 179 ss.
    - Distribuzione del prodotto e uso del marchio del produttore (Product Distribution and the Use of Manufacturer’s Brand), in Diritto Industriale, 2004, vol. 4, pp. 386 ss.
    - La società cooperativa europea (European Cooperative Society), in Cooperative e Consorzi (Cooperatives and Consortiums), 2004, vol. 10, pp. 584 ss.
    - La società cooperativa europea: scopo mutualistico e modalità di costituzione (European Cooperative Society: Mutual Purpose and Procedures for Setting Up), in Rivista della Cooperazione (Cooperation Review) 2004, vol. 2, pp. 9 ss.
    - Esclusione del socio e opposizione (Exclusion of a Shareholder and Objections), in Cooperative e Consorzi, 2005, vol. 1, pp. 34 ss.
    - Consorzi: responsabilità degli amministratori nelle operazioni ad alto rischio (Consortiums: Directors’ Liability in High-Risk Transactions), in Cooperative e Consorzi, 2005, vol. 5.
    - Modifica dei requisiti di ammissione ed esclusione del partner (Changes to Requirements for Admission and Exclusion of Shareholders), in Le società (Companies), 2006, vol. 8, pp. 1014 ss.
    - Commento agli artt. 2511, 2512, 2513, 2514, 2545 ter, 2545 octies e 2545 undecies c.c. (Commentary on Articles 2511, 2512, 2513, 2514, 2545-ter, 2545-octies and 2545-undecies of the Italian Civil Code), in Codice commentato delle società (Code Commentary for Companies), edited by G. Bonfante, D. Corapi, G. Marziale, R. Rordorf, V. Salafia, II edition, 2007.
    - Cause di ineleggibilità e decadenza del sindaco e attività di consulenza svolta dal collega di studio (Causes of Statutory Auditor’s Non-Eligibility and Disqualification and Consulting Activity Performed by a Colleague), in Le società, 2007, vol. 6, pp. 729 ss.
    - Cessione di quote: efficacia, opponibilità ed esercizio dei diritti sociali – nota sentenza (Share Transfer: Coming into Effect, Enforceability and Exercising of Shareholder’s Rights – Famous Judgment) in Le società, 2008, vol. 2, pp. 227 ss.

  • CONFERENCES

    The LEXER team has organized the following conferences:

    AGENCY AGREEMENT. Essential Elements and Termination of the Relationship. Specific Legal and Tax Issues” (2009)
    >download the poster

    BANKRUPTCY (and Other Insolvency Procedures). Changes Introduced by the reform following Legislative Decrees (DLGS) 5/2006 and 169/2007” (2010)
    >download the poster
    >download the slides in PDF format 

    SALES AND DISTRIBUTION ABROAD. (Specific) Practical Aspects and Legal Issues. Review by Experts from France, Germany, and Spain” (2011)

    >download the poster

  • NEWSLETTERS

    The LEXER  team has issued the following newsletters

    “Joint Liability within Contract for Supply of Work or Services in light of Recent Changes to Legislation,” the first newsletter for the firm’s clients, Carpi, 19/10/2012
    > first newsletter

    “Joint Liability within Contract for Supply of Work or Services in light of Recent Changes to Legislation,” the first newsletter for the firm’s clients, Carpi, 19/11/2014
    > second newsletter

    “Joint Liability within Contract for Supply of Work or Services in light of Recent Changes to Legislation,” the first newsletter for the firm’s clients, Carpi, 27/05/2015
    > third newsletter