Giambrone Law Studio Legale Internazionale > Milan, Italy > Firm Profile
Giambrone Law Studio Legale Internazionale Offices
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Giambrone Law Studio Legale Internazionale > Firm Profile
Milan is the commercial centre of Italy and our highly talented lawyers support our clients in a wide range of exceptionally complex legal matters, including international cross-border issues. Our experienced lawyers are fully aware of the crucial importance of understanding the commercial objectives and aspirations of our clients and working closely with them to construct viable solutions to ensure they are achieved; as well as developing feasible strategies for future expansion.
Our skilled lawyers can advise on:
- Debt management
- International arbitration
- Mergers and acquisitions
- Litigation, including cross-border matters
- Directors’ disputes
- Banking and finance
- Contentious employment issues
- Business start-up
- Share purchase agreements
Giambrone counts a number of leading international organisations as its clients. Our leading lawyers have the expertise and capacity to appear before the highest international courts in many jurisdictions.
LanguagesItalian English Spanish
Press Releases9th August 2022 Giambrone & Partners’ cross-border litigation lawyers, led by Gonzalo Butori, a partner in the London office and Angel Moncada a partner in the Madrid office, have successfully defended a complex multi-jurisdictional matter.
26th July 2022 Investment fraud has become the scourge of the modern world with multiple regulators and other agencies pointing to the inextricable rise of financial fraud, which is now the leading crime in the United Kingdom. Fraudsters are adaptable and agile and quick to recognise a potential vehicle for fraud and therefore cryptocurrency frauds have risen to £146 million ($200 million) in the UK in 2021, according to the City of London Police.
Joanna Bailey head of banking and financial fraud litigation department is Lawyer of the Week in The Times26th July 2022 Joanna Bailey, head of the banking and financial fraud litigation department, has been made Lawyer of the week in The Times newspaper as a result of the landmark case D’Aloia v. (1) Persons Unknown (2) Binance Holdings Limited & Others resulting in the service of court documents as a non-fungible token (“NFT”) through blockchain.
Giambrone & Partners’ banking and financial fraud lawyers recover £25,000 for defrauded clients through a Watchdog30th March 2022 The latest report from Victim’s Commissioner states over 4.6 million individuals are subject to fraud every year. Many of whom will suffer significant life-altering losses that they cannot recover from.
17th May 2021
Legal Developments16th August 2022 Currently, social media such as Twitter, Facebook, and Instagram are powerful online platforms where anyone can ‘tweet’, ‘post’, ‘share’ any kind of material. The platforms are largely self-governing, having initially taken the view that they had no responsibility for the nature of the posts their users chose to post. However, somewhat reluctantly social media platforms have introduced Codes of Conduct to limit the comments that those posting can make, with the ultimate sanction of withdrawing their account. However, blog posts, online comments or tweets, and even Google reviews can also become very dangerous for someone’s reputation and lead to irreparable consequences.
11th August 2022 Many people are looking forward to a relaxing break on holiday in Europe, hoping to let off steam after the long months putting up with the pandemic, politics plus the impending financial downturn. Nobody sets off on holiday expecting to be arrested but it becomes a stark reality for some people. The Foreign and Commonwealth Office confirms that hundreds of British citizens are arrested across Europe each year whilst they are on holiday.
28th July 2022 The new development in connection with the service of legal documents arising from Giambrone & Partners landmark High Court case D’Aloia v. Persons Unknown changes the face of future litigation in contentious cyber disputes.
Giambrone & Partners successfully combats Crypto fraud with a Ground-breaking Judgment at the High Court18th July 2022 Crypto fraud seems to be expanding exponentially with a reported 58 per cent increase in crypto theft in the past 12 months according to a report by cyber security firm NordVPN Giambrone & Partners banking and financial fraud litigation team has developed a novel strategy that has resulted in a ground-breaking Judgment in the High Court enabling our client and potentially other victims of crypto fraud to claw back their stolen funds.
Giambrone & Partners has successfully obtained a judgment from the High Court in London amounting to £496,019 for a client caught in an investment fraud27th May 2022 The consequences of the significant rise in investment fraud during the global lockdown arising from Covid 19 are still being felt by victims. Many of whom will feel a life-long impact from their losses.
9th May 2022 As the proverb says, the pen is mightier than the sword. In today’s world, that has never been more true. With a single comment, individuals can send ripples across the world that seriously impact on the reputation of others.
5th May 2022 There have always been strong trading links with Spain and regardless of Britain’s exit from the European Union there is a keen appetite for cross-border business between Britain and Spain. As Britain's ninth-largest trading partner there is considerable potential for lucrative business dealings with Spain.
5th May 2022 It is far from unusual for British nationals to meet and marry their spouse in Spain and set up home in the UK. If the relationship fails and there is a divorce often the Spanish spouse, regardless of being a foreign national, remains in the UK despite the divorce, particularly if there are children of the marriage in education. Over time the Spanish parent feels that they wish to return to Spain with their children.
5th May 2022 Are you dealing with a Spanish Probate? Giambrone & Partners can help.
5th May 2022 Arbitration is a contract-based form of alternative dispute resolution (ADR) where an independent impartial adjudicator is engaged jointly by disputing parties, who will hear both their arguments and make a decision that ideally resolves the conflict. This decision arrived at is known as an award and it is legally binding.
26th April 2022 Good cash-flow is an obvious requirement for any businesses and outstanding invoices can hamper the stability and progress of a business. Cross-border debt can even more difficult. Post-Brexit poses even more complications.
26th April 2022 After all the restrictions and difficulties faced during the enforced lockdown due to Covid 19 many people are looking forward to a holiday in Europe. Most people enjoy their dream holiday without incident, however, for some people, all too often the temptation to over indulge leads to the dream turning into a nightmare of arrest in a foreign country.
12th April 2022 Following a consultation in 2019 on the Pre-action Protocol for Media and Communications Claims the Protocol was updated to adapt the law to be more in line with advances in telecommunications technology. The Protocol now encompasses all cases involving defamation, misuse of private information, data protection law or harassment by publication, and claims in breach of confidence and malicious falsehood which arise from publication or threatened publication by the print or broadcast media, online, on social media or in speech. This update was meant to bring the Civil Procedure Rules (CPR) into the modern age of high-speed online communication. In a world where a statement can be heard all across the world in a matter of minutes, this update is long overdue.
12th April 2022 The Divorce, Dissolution and Separation Act 2020 comes into force on Wednesday 6 April, the so-called no-fault divorce. This much anticipated reform to divorce law will change the way divorce is approached and conducted. The absence of blame in the divorce process is expected to reduce hostility and acrimony that currently can enter the divorce path, which in the past has often led to a level of rancour that affects all the dealings between the parties.
5th April 2022 Spain has highest number of public tenders in the European Union, according to the Annual Report on the Supervision of Public Procurement in Spain, published by the independent Office for the Regulation and Supervision of Procurement (OIReScon). Proposals amounting to 72,527.27 million euros were tendered in Spain in 2020 alone.
1st April 2022 It is important to understand there are strict rules on how you should act prior to bringing a claim, as failure to observe the correct protocol may incur penalties if the matter does come to court. The basic position is set out in the Practice Direction on Pre-Action Conduct and Protocols. The Protocols, approved by the Master of the Rolls and annexed to the civil procedure rules (CPR), are designed to ensure that all parties are completely clear on a number of things including each other’s position, the costs involved and have considered alternative dispute resolution (ADR) to settle the matter.
A badly managed redundancy process can seriously impact on the business, as P & O Ferries has discovered30th March 2022 The situation involving P & O Ferries’ highly irregular dismissal of approximately 800 employees with immediate effect by video link without prior notice or consultation, has further evolved with the CEO, Peter Hebblethwaite, admitting that P & O deliberately avoided consulting with the appropriate unions, thereby contravening employment law, as it was recognised that no union would tolerate the intended action of P & O Ferries.Employment law in England & Wales is drafted to protect employees from exactly the situation in which the P & O employees now find themselves - instant dismissal with no opportunity to plan or consider any options. Giambrone & Partners’ employment law teams recommend that employers should closely follow the law related to redundancy whether making one person redundant or a far larger pool of employees. Any contravention of The Employment Rights Act 1996 during the course of the redundancy procedure is likely to lead to a claim for unfair dismissal or discrimination, when related to redundancy, and would be difficult for a business to refute.Given P & O’s elaborate company structures, it is unclear at this stage whether English Law would apply to any employment disputes.Redundancy means that an employee is dismissed from their job because the role within the business is no longer required, usually due to economic reasons. The stages leading to redundancy must be scrupulously adhered to and also must be seen to be fair or the business could be exposed to the allegation of discrimination during the course of the selection process. Discrimination is a protected characteristic under the Equality Act 2010 and there is no cap on the amount that can be awarded to an employee if a challenge is successful.Daniel Theron, a partner, commented “P &O’s approach seems to have been to spring the redundancies on the staff, swiftly followed by enhanced financial packages that are subject to non-disclosure agreements (NDA) (the costs of which were no doubt factored into the strategy), together with an entire complement of cheaper staff ready to step into the “redundant” roles” Daniel further remarked, “it is hard to say how much reputational damage will impact on P & O but the considerable out-cry and the threats of legal action by the government should there have been contraventions of employment law, may not have been anticipated.”There are five steps to redundancy starting with a review and the selection process. Employers would be well advised to have an expert employment lawyer’s guidance throughout the procedure to be absolutely sure that the law is strictly adhered to. Once it has been established that there is a need for redundancies the business must be able to explain the reasons why this step is necessary. Every effort should be made to find an alternative to making member (s) of staff redundant if at all possible, such as transferring staff to other roles, reducing hours or temporary lay-off as well as the consideration of voluntary redundancy or early retirement packages.The next step is selecting the employees who will be in the redundancy pool. This is an extremely critical step, choosing an employee with a protected characteristic or appearing to select a person without any viable justification can result in a case being brought before the employment tribunal. An employer can consider:
- An employee’s standard of work and skills
- Their disciplinary record
- The importance of the role
28th March 2022 A commercial dispute, when it arises, is not welcomed by either party. Regardless of the reason for the dispute when it becomes apparent that the two parties involved are in dispute, they both face a time-consuming and often costly ordeal that distracts from their usual businesses.
18th March 2022 The Council of the European Union has responded to the refugee crisis in Ukraine by invoking the Temporary Protection Directive (TPD), Council Directive 2001/55/EC which came into force in 2001. The Commission has recognised the immediate necessity to protect the displaced Ukrainians who have reached the European Union.
16th March 2022 The British government is taking robust measures to combat financial fraud and economic abuse. In February 2022 the Government published a White Paper, Corporate Transparency and Register Reform Reform on a range of measures driven by a determined effort to close down a range of global economic and financial fraud, such as fraudulent ‘shell’ companies, money laundering and phoenix trading, perpetrated by criminals registering commercial entities at Companies House to create the appearance of legitimacy.
7th March 2022 Italy has always been extremely attractive to the British. Many people visit Italy as a holiday destination to enjoy the climate, culture and cuisine. The lock-down restrictions are now falling away and the Italian real estate market is rising again, with many highly attractive opportunities opening up. Astute investors are taking advantage of the extremely favourable asking prices for Italian real estate available now, recognising that the benefit of this situation will not last for long.
3rd March 2022 The appeals process exists for those who are unhappy with the outcome of a case. An appellant can apply to a higher, more authoritative, court to review the judgement of a lower court. Apart from the appeals process, a litigated claim cannot be brought again in another court.
25th February 2022 The abrupt withdrawal of the Tier 1 investor visa by the Home Secretary, Priti Patel last Thursday, has come as a shock to both potential applicants and professional advisors. The Tier 1 investor visa was under review but completely shutting down the visa two working days ago with immediate effect means that high net worth individuals (HNWI) wishing to settle in the UK will have to seek alternative options. Fortunately, there is another choice available that may be relevant in some cases.
There is still time for EU, EEA citizens to join the relatives in the UK and apply for Settled Status before the March deadline24th February 2022 The Surrinder Singh route to settled status in the UK, so called due to the landmark immigration case involving Mr. Singh, is drawing to a final close. However, there is still time to commence an application before the 29 March 2022 deadline.
21st February 2022 It is vital that you are advised on which clauses you should include in your contract particularly to ensure that there is no uncertainty regarding the right to make a claim should a contentious issue rear up. Clauses that facilitate the pursuit of a claim in the manner which best suits you can be drafted and incorporated within the contract to protect your interests.
16th February 2022 Gabriele Giambrone, Italian avvocati, Spanish abogado and called to the bar of England and Wales and managing partner of Giambrone & Partners LLP, was interviewed by Macedonian media outlet Nistori regarding the legal matter involving an application for compensation by two Macedonian citizens residing in Italy as a result of the tragic the death of family members and the severe injury to another. They were victims of a fatal fire in a temporary COVID hospital in Tetovo.
16th February 2022 Romance fraud, a method of financial fraud, has been starkly highlighted by the documentary “Tinder Swindler” which documents how Simon Leviev, a convicted fraudster, has left a trail of victims of romance fraud behind him. He is far from the only person perpetrating such a fraud.
15th February 2022 There are compelling reasons that London, under the jurisdiction of England and Wales, has frequently been referred to as the divorce capital of the world. The divorce courts of England & Wales are perceived as completely impartial with a reputation for delivering fair decisions without fear or favour, untouched by outside influences. The London court often provides a fairer division of the assets of the marriage and the weaker party, often the wife but not exclusively may often obtain a fairer share than in other jurisdictions that may demonstrate bias against women.
15th February 2022 Companies and their HR departments would be wise to introduce an on-going training programme aimed at ensuring that their managers and wider staff do not compromise the business by creating the potential for a discriminatory employment law case due to a poor choice of language. Particularly when dealing with a disciplinary matter or dismissal.
“Get rich quick” investment opportunities are extremely rare. Approach with Extreme Caution if your are offered One.14th February 2022 Financial fraud and scams have, not only vastly increased in recent months but the perpetrators are becoming ever more sophisticated and are devising schemes that provide enough breathing space for them to vanish before their unfortunate victims discover their regrettable position.
The National Security and Investment Act – The Government gains significant New Powers over Acquisitions9th February 2022 The National Security and Investment Act, is a new regulatory regime, entered in force last 4th of January 2022, which allows the Government to scrutinise and intervene in certain acquisitions made by anyone, including businesses and investors, that could harm the UK’s national security. The new National Security screening procedures are said to be the most significant security shake-up for 20 years.
9th February 2022 The war against Forex scams continues to be waged as the fraudsters find more inventive ways of deceiving their inexperienced victims. The lawyers in the banking and financial fraud team, headed by Joanna Bailey, have been instrumental in bringing class actions to halt the activities of several scammers. Our lawyers continue to be alert to the ever-changing methods that they use.
9th February 2022 Giambrone & Partners’ criminal defence team has been instructed to defend the alleged suspect in connection with the murder of a businessman, in Manilla. Giambrone & Partners has drawn together a legal team with substantial experience to assist the defendant in this matter. The murder allegedly involved the question of money owed to the victim. However, the case is far from clear cut and Vincenzo Senatore and his team are in the process of clarifying the position of our client.
Cross-border disputes require Comprehensive Cross-border Legal Expertise as well as Cultural Knowledge to read the signs in Negotiations9th February 2022 In the ever-increasing commercial globalisation, businesses not only face the prospect of cross-border disputes, during the course of which they must also tackle divergent jurisdictions and legal systems, regulatory variations and not infrequently a language barrier.
Changes in the Italian Civil Code affecting the criteria for Italian Citizenship obtained by descent through the female line9th February 2022 Italian citizenship can be obtained by a variety of routes, one of which is through descent, jus sanguinis, where an individual can rely on their Italian forefathers for the right to become an Italian citizen. There are fundamental differences between the male and female line when relying on obtaining Italian citizenship by descent, however, this situation is changing for the better with the new law.
1st September 2021 As businesses across the world attempt to pick up the pieces arising from the coronavirus pandemic. There appears to be a division between organisations that would like to see the work environment return to exactly the same format as before the pandemic, indeed in some sectors, there is little choice, such as construction, hospitality and agriculture. Other industry sectors have seen distinct advantages in the adaptions they were forced to make and intend to retain them such as restaurants turning to take-away options and clothing shops selling online.
1st September 2021 The Home Office has received an unprecedented demand from EEA nationals and their families for settled status in the UK following Brexit, which has led to a significant backlog of applications. A large number of potential applicants, an estimated 80,000, have yet to make an application, with almost as many applications rejected due to errors.
1st September 2021 Every year it is an unfortunate reality that British citizens travel to Europe for holiday or work and have the bad luck to have an accident, whilst abroad, which causes an injury. In many cases the impact of the injury can be long lasting, often requiring lengthy hospitalisation and preventing the individual from working. The worst case is when a person is unable to resume their normal life and may need others to care for them. In the vast majority of incidents, the injured party bears no responsibility for their own accident. It is therefore only reasonable that a person who is injured through no fault of their own should be adequately compensated for the effects of the accident.
Italy: Enforcement of Judgments in Civil and Commercial Matters
Published: August 2022
Authors: Alessandro Gravante Rosanna Serraino Nicoletta Neglia Fabrizio Liborio Giambrone
This country-specific Q&A provides an overview to Enforcement of Judgments in Civil and Commercial Matters laws and regulations that may occur in Italy.