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Legal market overview
Big-ticket M&A in Italy was again in decline, set against a backdrop of an unstable political situation and extraordinarily weak market conditions, while the country’s IPO market and most types of inbound investment remained subdued.
Nonetheless, large-scale restructurings again kept legal departments busy, and debt capital markets lawyers welcomed legislation that formed part of a Stimulus Decree placing Italian private companies on equal footing with their Italian public company and European counterparts. This meant that the Italian high-yield bond market was open for business.
Key events in the ever-changing legal market involved Labruna Mazziotti Segni enduring the departure of corporate lawyers Antonio Segni, Andrea Mazziotti di Celso and Federico Vermicelli to Lombardi Molinari Segni’s new Rome office. In Milan, Lombardi Molinari Segni recruited litigator Franco Anelli as of counsel from Studio Schlesinger. Elsewhere, debt capital markets expert Paola Leocani joined White & Case (Europe) LLP from Allen & Overy – Studio Legale Associato in June 2013; Hogan Lovells Studio Legale’s Rome office lost Gianroberto de Giovanni, Paolo Ricci and Massimiliano Marinozzi to Studio Legale e Tributario Ernst & Young; former Italy managing partner Marco Franzini exited Studio Legale Associato in affiliation with Simmons & Simmons LLP for Eversheds Bianchini; and Giuseppe Labianca left NCTM Studio Legale Associato to go in-house at Brunello Cucinelli.
Other news included: Bonelli Erede Pappalardo LLP opening a dispute resolution desk in its London office; the firm’s former partner Luca G Radicati di Brozolo and senior associate Michele Sabatini founding new international arbitration and litigation boutique ARBLIT – Radicati di Brozolo Sabatini in October 2013; and Andrea Carlevaris leaving Bonelli Erede Pappalardo to become the new Secretary General of the ICC Court of Arbitration.
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ITALIAN COMPETITION AUTHORITY TARGETS BIG PHARMA, TRIGGERS EXPANSION OF OFF-LABEL PRESCRIPTION
I. MEDICAL APPS: THEY ARE HERE TO STAY, AND GROW.
I. Our firm, Studio Legale Villata, Degli Esposti, Perfetti and Associates, carries out a large part of its work in the field of Environmental law. The establishment of Law NO. 97/2013 on 6th August 2013 heavily influenced the regulation of compensation for environmental damages, as it follows in the footsteps of European Union Directives by introducing the concept of " strict liability ". This infers a type of liability which is independent from the wilful misconduct or gross negligence of an operator and allows for convictions based upon the damages themselves rather than the deeds or intentions of whoever may have caused them.
WHICH ORGANIZATIONAL MODEL WILL SHIELD AN ENTITY FROM CORPORATE CRIMINAL LIABILITY UNDER ITALIAN LAWTHE ENACTMENT OF LEGISLATIVE DECREE 231. At the time of its enactment in 2001, Legislative Decree no. 231 had a revolutionary impact on the Italian legal system as it subverted a basic tenet of Italian criminal law according to which corporations bore no criminal liability. The assumption that only individuals could be directly subject to criminal sanctions was erased and a system aimed at punishing corporations for crimes committed by individuals to their advantage or in their interest was created . A specific set of sanctions able to punish the corporation and its shareholders was devised: monetary sanctions and blacklisting sanctions (inclusive of the prohibition to carry on the business activity and the appointment of receivers), which may also be ordered on an interim basis, apply instead of arrest and imprisonment of individuals.
The " Decreto del Fare " ("Decree of Doing" - Law Decree 21 st June 2013, n. 69, turned into Law 9 th August 2013, n. 98) contains regulations designed to simplify legal matters related to the construction industry with the purpose of helping its workers and to kick start a sector deeply affected by the economic crisis.
In 2009, Italian Law introduced a new legal instrument, Business Network Contracts (‘BNC’), which allow aggregations of commercial entities to work together in an organised and durable manner (without having to establish a new company or a consortium) whilst retaining their own independence and individuality, as well as benefitting from various incentives and tax benefits.
Expected ever since the first unofficial draft was published by the Banking Regulation and Supervision Authority ( BRSA ), back in May 2008, the new Law on Financial Leasing, Factoring and Financing Companies numbered 6361 ( Law No. 6361 ) has entered into force as of 13 December 2012 with the exception of certain provisions-, upon its publication on the Official Gazette numbered 28496.
With the expansion of the online market, some doubts have arisen about the appropriateness of Italian regulations related to online conditions of sale, with particular reference to restrictive clauses.
• Introduction • New provisions on regulating Resignation and Termination by Mutual Consent • Sanctions • Conclusion
The reform of the Italian labour market – known as Riforma Fornero from the name of the involved Ministry of Labour and Welfare – has been enacted as law no. 92 of June 28, 2012 (the “Law”) and is in force since July 18, 2012.
The Exempted Limited Partnership Law, 2014 (the New ELP Law ) has replaced the Exempted Limited Partnership Law (2013 Revision) (the Previous Law ). The New Law includes significant changes to the Cayman Islands' statutory framework regulating exempted limited partnerships ( ELPs ) that will increase the attractiveness of ELPs and will be appreciated by managers, investors and creditors alike. Private equity sponsors in particular will notice substantial improvements that are indicative of Cayman's continuing commitment to balanced and commercially sensible legislation. Read more...
RESTRUCTURING - COURT PROCEDURES
On 23 May 2014, the States of Jersey passed the Companies (Amendment No. 11) (Jersey) Law 201- (the Amendment Law ). This will now be sent to the UK Privy Council for consideration, then laid before the States of Jersey for a final time before coming into force. The latest information we have is that the Privy Council will be approving the law on 19 July 2014 and it may come into effect as soon as 4 August 2014.
The Hague, 4 July 2014 - BarentsKrans has appointed Joost Fanoy as a partner in the Antitrust & Public Procurement department, effective as of July 1, 2014. Joost specializes in European law in general with a particular focus on European and Dutch competition, public procurement and state aid law and is the head of the Antitrust and Public Procurement Practice Group. Joost is also a member of the Cartel damages team of BarentsKrans.
PineBridge Investments Middle East, a global multi-asset class investment manager with regional headquarters in Bahrain, and nearly 60 years of experience in emerging and developed markets, has acquired a 50% equity stake in Romatem, the leading physical therapy and rehabilitation services chain in Turkey.
Isbank issued 750 million USD notes under its GMTN programme established in 2013. The notes are listed on the Irish Stock Exchange and bear interest at the rate of 5 % with a maturity date 2021. Mr. Omer Collak (partner) and Mr. Baris Kencebay (head of tax practice) have acted for the joint lead managers Barclays, Citigroup, HSBC, National Bank of Abu Dhabi and The Royal Bank of Scotland.
Halkbank issued five-year term fixed interest rate US currency notes, with a total amount of USD 500 million with an interest rate of 4.765 % and an annual coupon rate of 4.750 %. The notes offered the lowest borrowing rate in the first five-month period of 2014, and total demand rose nearly nine-fold due to high investor interest. The note issuance drew great interest from international investors settled in the Middle East and Asia, as well as those investors based in the US and Europe. Mr Omer Collak (partner) and Mr Baris Kencebay (head of tax practice) have advised the joint lead managers.
Turkiye Finans issued the first ringgit sukuk originating from Turkey. The bank initially raised MYR 1 billion with a five-year commodity sukuk on June 30, with an annual return of 6 %. The sukuk under the programme will have tenure of one to 20 years. Funds raised will go towards general corporate purposes. The sukuk will be issued through TF Varlik Kiralama A.S., a wholly-owned subsidiary of Turkiye Finans. Malaysia's RAM Ratings has accorded the programme an indicative long-term rating of AA3. HSBC Amanah Malaysia and Standard Chartered Saadiq were the joint advisers. Mr Omer Collak (partner) and Mr Baris Kencebay (head of tax practice) have advised Turkiye Finans and the issuer TF Varlik Kiralama A.S.
Ziraat Bank, the largest state owned bank of Turkey, established GMTN programme on 21 May 2014, for the notes to be issued up to USD 2 billion listed on Irish Stock Exchange. The notes are unconditional, unsubordinated and unsecured obligations, and rank pari-passu with Ziraat Bank's other senior unsecured obligations.
Vakifbank issued EUR 500 million 5-year unsecured and unsubordinated notes under the first GMTN programme of Turkey established in 2013. The notes are listed on Irish Stock Exchange and bear interest at the rate of 3.5 % p.a. with a maturity date 17 June 2019. This is the very first EUR denominated RegS offering of a Turkish entity.