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Press releases and law firm thought leadership

This page is dedicated to keeping readers informed of the latest news and thought leadership articles from law firms across the globe.

If your firm wishes to publish press releases or articles, please contact Shehab Khurshid on +44 (0) 207 396 5689 or shehab.khurshid@legalease.co.uk

 

Legal Developments Worldwide

Articles contributed by Portolano Colella Cavallo Studio Legale

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Italian Labor Reform: New Provisions on Regulating Resignation and Termination by Mutual Consent

August 2012 - Employment . Legal Developments by Portolano Colella Cavallo Studio Legale.

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• Introduction • New provisions on regulating Resignation and Termination by Mutual Consent • Sanctions • Conclusion

Reform of the Italian Labour Market

July 2012 - Employment . Legal Developments by Portolano Colella Cavallo Studio Legale.

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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.

Former AGCOM chief on online distribution of creative content

July 2012 - Intellectual Property . Legal Developments by Portolano Colella Cavallo Studio Legale.

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In recent months Corrado Calabrò, formerly the chairman of the Communications Authority (AGCOM), took part -­‐ during his mandate at AGCOM -­‐ in parliamentary hearings(1) in order to clarify AGCOM's position on certain aspects of a draft regulation(2) which is intended to ensure protection of copyright on electronic communication networks.

Permanent establishment: to be or not to be, that is the question

June 2012 - Corporate & Commercial . Legal Developments by Portolano Colella Cavallo Studio Legale.

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Recent case law -  A leading low-cost airline has recently been sanctioned by labour inspectors from the local labour office Direzione provinciale del lavoro (DPL), which reportedly imposed an administrative fine for failure to pay social security contributions in Italy.

Representations and warranties – remedies for the acquirer

June 2012 - Litigation & Dispute Resolution . Legal Developments by Portolano Colella Cavallo Studio Legale.

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Representations and warranties under Italian law
Legal remedies for infringement
Safeguards to add and mistakes to avoid
Court ruling on consequences of infringement
Comment
Representations and warranties under Italian law

Legislative Decree 69/2012 implements in Italy the e-Privacy Directive 2009/136/EC

June 2012 - TMT ( Technology, Media & Telecoms) . Legal Developments by Portolano Colella Cavallo Studio Legale.

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On May 28, 2012 the Italian Government issued Legislative Decree no. 69/2012 (“Decree”) implementing in Italy Directive no. 2009/136/EC (which amended Directive 2002/58/EC – “e-Privacy Directive”).

Italian Data Protection Regulator: Factual Role Performed by the Parties as a Key Factor in...

June 2012 - TMT ( Technology, Media & Telecoms) . Legal Developments by Portolano Colella Cavallo Studio Legale.

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Data Controllership Assessment

On April 5, 2012 the Italian data protection authority (“Garante”) issued a resolution which found controllership for a company that used personal data, purchased from another company, for telemarketing purposes. The resolution was published on the Garante’s website on May 8, 2012. 

When is disciplinary code necessary?

April 2012 - Employment . Legal Developments by Portolano Colella Cavallo Studio Legale.

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• Legislation on disciplinary codes

• Case study: dismissal by employer without a disciplinary code

• Supreme Court decision

• Practical suggestions

Earn‐out clauses: advantages and pitfalls

April 2012 - Corporate & Commercial . Legal Developments by Portolano Colella Cavallo Studio Legale.

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The road to a successful acquisition holds a wide variety of challenges for both acquirer and target. A common area of concern arises from the unavailability of private information, which may lead the parties to assess the target's intrinsic value very differently. Bridging the gap between different estimates of the target's value is a fundamental step towards a successful outcome.

ECJ rules on Italy’s gaming regulations

March 2012 - EU & Competition. Legal Developments by Portolano Colella Cavallo Studio Legale.

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On February 16 2012 the Court of Justice of the European Union (ECJ) issued its latest preliminary ruling on the compatibility of Italy’s legal framework for gaming with the right of establishment and the freedom to provide services.

Italian government approves new rules on foreign investment in strategic sectors

March 2012 - Corporate & Commercial . Legal Developments by Portolano Colella Cavallo Studio Legale.

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On March 9 the Italian Government approved a Law Decree setting forth for the first time a broad set of governmental intervention and veto powers in certain strategic sectors: defense; energy; transportation; communications. 

Corporate capital increases: share premium and minority interests

March 2012 - Corporate & Commercial . Legal Developments by Portolano Colella Cavallo Studio Legale.

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Purposes and functioning of share premiums

In most corporate capital increases, where new shares are issued the company usually determines the selling price, adding an additional sum to the nominal value of the shares. The difference between the nominal value and the selling price of the shares is known as the share premium.

Service Contracts: criteria for ‘genuine’ contracts

March 2012 - Employment. Legal Developments by Portolano Colella Cavallo Studio Legale.

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  • Focus on service contracts
  • Recent Labor Court Decision and identification of genuine contracts
  • Minister of Employment order
  • Comment

European works quotas for on-demand media service providers

March 2012 - TMT ( Technology, Media & Telecoms) . Legal Developments by Portolano Colella Cavallo Studio Legale.

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Under Italian law, audiovisual media service providers (both broadcasters and on-demand media service providers) are required to promote the production and distribution of European works(1) under a quota system. The system reflects the general aims of the EU Audiovisual Media Services Directive (2010/13/EC).(2)

Ex post defensive monitoring of email and protection of employer’s assets

March 2012 - Employment . Legal Developments by Portolano Colella Cavallo Studio Legale.

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  • Remote and defensive monitoring
  • The case of the dismissed bank employee
  • Supreme Court decision on defensive monitoring
  • Practical consequences

Costa Concordia documentary: media issues surrounding investigations

March 2012 - TMT ( Technology, Media & Telecoms) . Legal Developments by Portolano Colella Cavallo Studio Legale.

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On January 13 2012 the cruise ship Costa Concordia struck a rock and ran aground near the western coast of Italy. The circumstances of the grounding and the subsequent rescue operation attracted intense media interest in Italy and abroad.

Participative Financial Instruments: What Opportunities?

March 2012 - Finance . Legal Developments by Portolano Colella Cavallo Studio Legale.

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Economic crises, debt restructuring and new “instruments” of solution

Participative financial instruments (the “Strumenti Finanziari Partecipativi – SFP”) have been introduced by Legislative Decree no. 6 of January 17, 2003 (the “Reform”) by amending the existing article 2346, paragraph 6, of the Italian civil code. 

Group of Companies: Recent Supreme Court Decision

March 2012 - Employment . Legal Developments by Portolano Colella Cavallo Studio Legale.

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By Andrea Gangemi and Marilita Piromalli

• Recent case • Similar judgments • Main consequences for employment issues

MAC clauses: drafting, enforceability and alternative remedies

March 2012 - Corporate & Commercial . Legal Developments by Portolano Colella Cavallo Studio Legale.

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By Antonia Verna and Regina Meo

In times of economic difficulty, parties to M&A transactions are more inclined to adopt mechanisms that allow them to adjust or even terminate their agreements if certain adverse events occur.

Active or passive? Court of Rome rules on role and liability of ISPs

March 2012 - Intellectual Property . Legal Developments by Portolano Colella Cavallo Studio Legale.

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By Ernesto Apa e Federica De Santis

On October 20 2011 the Court of Rome issued a decision that will contribute significantly to the ongoing debate - both in Italy and the rest of Europe - on the role and liability of internet service providers (ISPs).

Crisis could force restart of digital dividend allocation plans

March 2012 - TMT ( Technology, Media & Telecoms) . Legal Developments by Portolano Colella Cavallo Studio Legale.

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By Ernesto Apa and Dario Morelli

In 2011 two procedures for spectrum allocation were launched in Italy. The first was a spectrum auction to allocate the external digital dividend (ie, frequencies in the 800, 1800, 2000 and 2600 megahertz (MHz) bands) to telecommunications operators for the purpose of developing commercial terrestrial radio systems and public electronic communications, including mobile broadband networks and third and fourth-generation telecommunications systems. 

European Court of Justice on online sales in the context of a selective distribution network

January 2012 - Intellectual Property . Legal Developments by Portolano Colella Cavallo Studio Legale.

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By Antonella Barbieri and Federica De Santis

On October 13 2011 the European Court of Justice (ECJ) ruled on restrictions on online sales, clarifying that selective distribution agreements imposing a general and absolute ban on the sale of cosmetics and personal care products by selected (authorised) distributors to end-users via the internet might result in contrast with EU competition rules. 

Localization systems are legal for vehicles used for employment activities – but on what condition

January 2012 - Employment . Legal Developments by Portolano Colella Cavallo Studio Legale.

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By Andrea Gangemi and Lucia Ceccarelli

Under Italian law, all forms of distance monitoring are prohibited by Article 4 of the Statute of Employees (Law 300/1970), as well as by Article 114 of the Privacy Code (Legislative Decree 196/2003), which expressly refers to the provision of the Statute of Employees. 

Constitutional Court clarifies indemnity for invalid temporary employment agreements

January 2012 - Employment . Legal Developments by Portolano Colella Cavallo Studio Legale.

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By Andrea Gangemi and Lucia Ceccarelli

Towards the end of 2010 Parliament approved a significant piece of legislation - Law 183/2010, known as the Collegato Lavoro - which affects several aspects of employment law, including the indemnity that an employer must pay when an individual is employed under an invalid temporary employment agreement. 

French court finds Google has editorial control over AdWords advertising

December 2011 - TMT ( Technology, Media & Telecoms) . Legal Developments by Portolano Colella Cavallo Studio Legale.

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By Francesco e Federica De Santis

On November 14 2011 the Tribunal de Grande Instance de Paris (TGI) ruled against Google France and Google Ireland, finding that their AdWords service allowed a company to use an individual’s name as a keyword to trigger links to an article and photographs that infringed the individual’s rights to private life. 

Use of registered trademarks in domain names - when and how to obtain seizure

November 2011 - Intellectual Property . Legal Developments by Portolano Colella Cavallo Studio Legale.

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By Antonella Barbieri and Marco Bellezza

An Italian court has recently held that if a website wrongfully uses a registered trademark in its domain name, and if a court order is sought to require an Italian internet service provider (ISP) to block access to the website, such an order cannot be granted unless the applicant produces evidence of the website’s illicit content or purpose. In order to block access to a website that offers counterfeit goods, a trademark holder must produce adequate evidence of the illicit activity carried out through the website. 

Investigation into Apple over iPod and iPad Warranties?

November 2011 - TMT ( Technology, Media & Telecoms) . Legal Developments by Portolano Colella Cavallo Studio Legale.

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By Dario Morelli

On September 9 2011 an Italian consumer association, the Centro di Ricerca e Tutela dei Consumatori e degli Utenti, published a press release announcing that the Italian Competition Authority had initiated an investigation into four companies on the basis of the association’s claim of alleged unfair commercial practices relating to warranties for Apple iPods and iPads. The four companies in question are Comet SpA (an Italian chain of consumer electronics stores), Apple Retail Italia Srl, Apple Italia Srl and Apple Sales International. 

Protectionism and Parmalat: analysing the Groupe Lactalis takeover bid

August 2011 - Corporate & Commercial . Legal Developments by Portolano Colella Cavallo Studio Legale.

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On July 8 2011 French dairy company Groupe Lactalis confirmed the acquisition of 83.3% of Parmalat SpA's stock capital on the conclusion of a !3.4 billion takeover bid. The transaction makes Groupe Lactalis the world leader in dairy products.

Court rules on television programmes on video-sharing platforms

July 2011 - TMT ( Technology, Media & Telecoms). Legal Developments by Portolano Colella Cavallo Studio Legale.

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By Antonella Barbieri and Federica De Santis

On January 20 2011 the Court of Milan ruled against ItaliaOnline Srl (IOL) for infringement of copyright held by Reti Televisive Italiane SpA (RTI) in respect of television programmes uploaded and displayed on IOL's online audio and video-sharing platform. The grounds for the decision were published on June 16 2011. 

Supreme Court rules on jurisdiction in online defamation cases

July 2011 - TMT ( Technology, Media & Telecoms) . Legal Developments by Portolano Colella Cavallo Studio Legale.

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by Barbieri Antonella and Besemer Francesca

The Supreme Court has declared that in online defamation cases, the competent court is the court of the accused's place of residence.(1) The decision in question related to a person who was accused of defamation in two different proceedings; one was heard by the Criminal Court of Sassari (ie, the court of the accused's place of residence) and the other by the Criminal Court of Arezzo, which was the location of the computer server. 

Cooperation in the Field of IPR Enforcement

June 2011 - Intellectual Property . Legal Developments by Portolano Colella Cavallo Studio Legale.

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Memorandum of Understanding on the Sale of Counterfeit Goods over the Internet

By Federica De Santis

On May 4 2011, in a ceremony hosted by the European Commission, a representative group of leading rights holders and internet platforms signed a Memorandum of Understanding (MoU) on the Sale of Counterfeit Goods over the Internet.

Self-Regulatory Framework for Behavioural Advertising: Greater Transparency and Control for Users

June 2011 - TMT ( Technology, Media & Telecoms) . Legal Developments by Portolano Colella Cavallo Studio Legale.

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by Apa Ernesto and De Santis Federica

On April 14 2011 IAB Europe, a body representing the European digital industry, released a Europe-wide self-regulatory framework for online behavioural advertising (OBA). The framework includes best practices for enhancing transparency and greater user control over OBA within the European Economic Area.

Defamatory suggestions: what liability for search engines?

June 2011 - TMT ( Technology, Media & Telecoms) . Legal Developments by Portolano Colella Cavallo Studio Legale.

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By Laura Liguori and Federica De Santis

Following a recent case involving the search engine Yahoo! Italia, another Italian court has addressed the issue of search engine liability. On March 24 2011 the Court of Milan found Google liable for defamation because its auto-complete suggestions paired the plaintiff’s name with defamatory keywords. The court upheld its earlier interim injunction of January 25 2011. 

Avoiding conflicts between due diligence and privacy

May 2011 - Intellectual Property . Legal Developments by Portolano Colella Cavallo Studio Legale.

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By Manuela Cavallo and Giuseppe Battaglia

The impact of data protection law on due diligence is an increasingly important aspect of M&A transactions. Italian law has no specific provisions on data protection in due diligence; nor has the Data Protection Authority issued administrative provisions on the subject. Nevertheless, parties to mergers and acquisitions must think carefully about the data protection aspects of their deal.

Is the validity of a drag-along clause subject to specific requirements

May 2011 - Corporate & Commercial . Legal Developments by Portolano Colella Cavallo Studio Legale.

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By Antonia Verna and Federica Peres

Drag-along clauses are often found in shareholders' agreements of joint stock companies. They provide an equity capital sale mechanism which ensures that if a third party offers to acquire the entire equity capital of the company, the majority shareholder has the option of benefiting from such offer and may use it to compel the minority shareholder to sell its entire participation to the would-be acquirer.

Supporting independent producers - new regulation on secondary rights

May 2011 - Corporate & Commercial . Legal Developments by Portolano Colella Cavallo Studio Legale.

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By Ernesto Apa and Federica De Santis

On February 3 2011 AGCOM, the communications regulator, issued a new regulation on the use of secondary rights acquired by media service providers. Article 44(5) of the Audiovisual Media Services Code(1) seeks to support independent producers by providing that where a broadcaster acquires transmission rights for audiovisual content created by an independent producer, AGCOM must limit the period during which such secondary rights may be exploited. The Secondary Rights Regulation(2) determines the maximum duration of such rights.

Dismissal for poor performance: recent Supreme Court decision

April 2011 - Corporate & Commercial . Legal Developments by Portolano Colella Cavallo Studio Legale.

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April 5, 2011
By Andrea Gangemi and Lucia Ceccarelli

Recent case law In Decision 24361, which was issued on December 1 2010, the Labour Section of the Supreme Court stated that an employer may dismiss an employee for poor performance even if the employee in question has not committed a gross violation of his or her duty of diligence.

Yahoo! Italia liable for film copyright infringement

April 2011 - Intellectual Property . Legal Developments by Portolano Colella Cavallo Studio Legale.

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By Antonella Barbieri and Federica De Santis

Summary
The debate about copyright protection on the Internet has taken a new turn. The Court of Rome recently found that search engine Yahoo! Italia bore contributory liability for infringement of copyright in the awardwinning Iranian film About Elly by illicit websites, which allowed the streaming or downloading and peer-to-peer sharing of the film without the consent of the film's distributor, PFA Films Srl.