Legal advice for business compliance with regulations, procedures, codes of conduct.
White Collars crimes and Corporate Liability
This is an area in which the firm has extensive case studies dating back to the introduction of the standard in the Italian legislative system, having the reference professional contributed to the study group for the definition of the Confindustria Guidelines and of other sectoral associations of national survey.
In this field of activity, the Law Firm assists companies:
- in the introduction of the 231 system in the company, for risk analysis, for the drafting of the Organizational, Management and Control Model in accordance with the Guidelines of the employers’ association, for the identification of the disciplinary system and the Body Supervisors more suited to the specific business reality, for the drafting of ancillary texts to the introduction and disclosure of the Model, as well as for the training of the recipients, according to customized projects defined with the individual company;
- when updating the Model, in relation to regulatory changes, changes in the company’s business or in the presence of situations that need to be assessed to maintain the effectiveness of the 231 Corporate Model over time;
- during the implementation of the Model, becoming part of the Supervisory Body with its own professionals or by assisting the existing Supervisory Body;
- in the pathological phase, assisting companies in case of legal proceedings for corporate liability pursuant D.Lgs 231/2001 taking direct defense and supporting other lawyers through the preparation of CTP.
The Firm, with over ten years of activity, has assisted in this matter companies of the most varied industrial sectors, services and public participation, in every dimensional category, even listed.
The professionals of the studio are part of various Supervisory Bodies of companies in northern Italy and represent the reference partner members of the prestigious association of supervisory bodies AODV231 (www.aodv231.it).
Environmental and Safety Law
The Law Firm, also making use of the wide range of cases developed in the compliance field of the 231 Models, provides advice and assistance to companies regarding aspects related to health and safety at work and environmental management, complex sectors that require a constant and adequate professional updating.
In these areas, the GTA Law Firm:
a) drafts opinions, contracts or other legal transactions aimed at the legislative compliance of company conduct;
b) collaborates in the preparation of organizational charts and internal organizational protocols and prepares the texts of functional delegations of the employer manager or environmental manager;
c) provides extrajudicial advice and assistance in relations with the competent public administration and local authorities;
d) assist and represent business representatives involved in criminal proceedings;
e) assists and represents business representatives and companies in civil and administrative restrictions;
f) carries out teaching and training activities for companies.
The aforementioned activities are carried out by the Law Firm with regard to structured client companies, that use the most sophisticated management tools – such as the international certifications BS OHSAS 18001 and ISO 14001 – and to medium or small size corporate clients with less organizational structure.
Bankruptcy and Corporate Restructuring
The Law Firm provides advice to Clients in the management of the company crisis, where it is necessary to proceed with debt restructuring operations to reorganization plans or to access various types of insolvency procedures as required by the bankruptcy law.
The field of professional activity of GTA Law Firm in this field concerns in particular:
• legal advisory as part of reorganization plans or bankruptcy proceedings;
• consultancy in the definition and management of agreements with creditors, including credit institutions;
• assistance in the judicial management of procedures and disputes;
• assistance to creditors in bankruptcy proceedings;
• insinuations to liabilities or oppositions to the passive state;
• assistance to bankruptcy trustees for revocation and recovery actions;
• management of labor law issues related to the business crisis (see reference sheet: Labor Law).
Privacy and Data Protection Law
With the entry into force of the GDPR (EU Regulation 2016/769), applicable from 25 May 2018, common rules have been introduced for all European companies, professionals and public bodies, which are required to correctly implement their protection system of Personal Data in order to protect, in addition to the rights of the data subjects, also the reputation of companies on the market, through a risk based approach and on the assumption of the need to document and demonstrate the choices taking into account the state of the art, costs, the nature, scope and context of the data processings.
In this specific area, the GTA Law Firm assists companies, including multinationals, public and/or publicly owned entities, as well as professionals:
a) in the phase of verifying compliance with regulations, by planning specific audits;
b) when updating the Model for the Protection of Personal Data, in relation to regulatory changes, changes in company activity or in case of situations that need to be assessed to maintain the effectiveness of the Model over time;
c) during the implementation of the Data Protection Model;
d) in training the recipients of the GDPR, according to customized projects defined with each single company;
e) during the identification of processings that present a high risk for the rights and freedoms of data subjects, as well as in the activity of the data protection impact assessment (DPIA;
f) in the pathological phase, assisting companies in investigative activities carried out by the Guarantor Authority for the protection of personal data, or, on its behalf, by the Guardia di Finanza (italian financial supervisory Authority), and in the management of proceedings before the Guarantor Authority or other competent Courts;
g) for companies affected by the related obligation pursuant to the GDPR, with certified competences of Data Protection Officer.
The Law Firm boasts and maintains relationships with leading law firms around the world specialized in Data Protection, making use of their collaboration also in order to assess the compliance of the processings carried out by client companies, in addition to the GDPR and the Italian legislation, also to the foreign regulation from time to time concerned.
The Firm also deals with analyzing the flows of Personal Data within complex and structured corporate realities as well as entrepreneurial Groups with Parent Company also located in countries outside the EU/EEA area (e.g. China, Mexico), identifying the better solutions for client companies and dealing with the definition of General Agreements on Data Protection, as well as, with specific reference to the transfer of Data to third countries, with the assistance and consultancy in the process of drafting and approving binding corporate rules (BCR) and/or in the adaptation of standard contractual clauses.
Legal assistance in management and direction of companies
Commercial Contracts and procurements/trade agreements
The Firm provides clients with legal assistance in the field of national and international commercial contracts, in Italian and English, identifying the legal issues related to these agreements and applying both national law and Community law, as well as foreign law using an international network of reference professionals.
In particular, this advice concerns:
a) the definition of contractual agreements with sales agents and distributors, whether exclusive or not;
b) the definition of contractual license agreements for the sale and distribution of products, in various forms;
c) contractual advice in the field of distribution of e-commerce (see the related activity sheet: privacy and e-commerce law);
d) definition of contractual supply and sale agreements, definition of general conditions of purchase or sale, both in the B2B sphere and towards the final consumer, with analysis of the problems related to consumer law and product liability;
e) the definition of contractual agreements between companies, in the field of public and private tenders;
f) assistance for the modification, interruption or termination of all the aforementioned contractual relations and the related litigation, both in court and out of court.
In this area, the Lawyers of GTA Law Firm have acquired skills and case studies in various commercial and industrial sectors of distribution and franchising networks for national and international business.
Since its foundation the Law Firm assists its clients in the areas of labor law and social security. The activity of our team is carried out in the field of out-of-court assistance and advice, as well as before the administrative authorities, and in the judicial defense before the courts of merit and the higher courts.
The Law Firm offers its customers assistance in particular for:
a) Disputes relating to collective and individual redundancies;
b) Issues related to the procurement of services and outsourcing of production sectors
c) The sales of company and/or business unit
d) Negotiations with trade unions for the management of staff redundancies
e) Current disputes with social security and / or welfare institutions, as well as with the inspection authorities
f) Issues related to supplementary pensions
g) The disputes related both to the public employment and to the sector of investee industries
h) Definition of contractual agreements at the time of employment and for the definition of disputes with managers.
In this area, the professionals of the firm have acquired skills assisting both industrial companies of primary importance at national level and small and medium-sized enterprises.
Consultancy in the field of legal relationships between shareholders and in the acquisition, sale or restructuring of company property is one of the most complex in the law sector, requiring not only an adequate professional competence but also the knowledge of complex business dynamics.
GTA Law Firm offers legal advice, in particular for:
a) preparation of constitutive deeds, by-laws, social and shareholder agreements and in general for the management of relations between shareholders; capital operations; advice and assistance, in general, to corporate governance bodies;
b) drafting of opinions on corporate law, also in support of the activities of directors and statutory auditors;
c) analysis and opinions on the liability of directors, capital operations, management and coordination within corporate groups;
d) preparing and verifying the delegation of powers to directors or attorneys, with verification of compliance with the statutory and legal provisions (for example on the subject of responsibility for occupational safety and the environment);
e) in the context of extraordinary transactions (acquisition or sale of companies or quotas), the legal due diligence with drafting of the related opinions (due diligence report); in the same context, the drafting and negotiation of the related contractual agreements, from the exclusive and confidentiality agreement, to the purchase/sale contracts and non-competition agreements or after-sales assistance agreements;
f) extrajudicial or judicial assistance for company law disputes.
In this area, the professionals of the Law Firm have acquired skills and case studies in extraordinary operations of various sizes, business areas and levels, both concerning national and international operators.
IP & IT LAW
Legal advice on the protection of corporate intangible assets (trademarks, know-how, copyright, software)
Diritto Del Web
Consulenza sull’applicazione del diritto alle tecnologie ed al mondo del web
Lo Studio, anche in considerazione della propria attività di assistenza alla compliance in tema di responsabilità amministrativa da reato degli enti e data protection, nonché in tema di diritto di autore, è particolarmente attento alle dinamiche che interessano l’evoluzione della Rete e del commercio elettronico, nonché di tutto quanto attiene alle nuove tecnologie (legal tech)(IoT, A.I., Blockchain, Smart Contracts) e al relativo impatto nella vita dell’impresa.
In particolare, lo Studio assiste i propri clienti nella analisi e stesura di contratti correlati alla gestione del commercio elettronico anche atipici, quali ad esempio contratti di hosting, realizzazione e manutenzione di siti web, contratti di licenza/sviluppo software, terms & conditions, e fornisce altresì assistenza nell’ambito di operazioni straordinarie che riguardano l’acquisto o la cessione dei relativi diritti o delle relative attività imprenditoriali.
Industrial property and Copyright
The Firm advises companies and individuals on the subject of distinctive signs, know-how, patents, protection of industrial secrets, as well as designs and models, and this at national, European and international level, also using a network of professionals in the individual countries.
The scope of activity of the Firm extends both to the protection of property rights in the contract, through consultancy for the drafting and negotiation of confidentiality agreements, license agreements / assignment of industrial property rights, franchising contracts, sponsorship and assignment of image rights, both in Italian and English.
In the field of pathology of relationships, the Firm assists its clients both in the pre-litigation phase and in litigation, judicial or administrative, both for the protection of proprietary rights and defense against the claims of others.
In the field of copyright, the Firm assists its clients with reference to intellectual property in general and image rights (in publishing, advertising and communication, in sports) as well as in the protection and protection of software. , source codes, databases and website contents (concept, graphic editing, storyboard, content). With specific reference to the problems related to the Network, the Firm operates in advising its customers on the protection and exploitation of domain names (searches, conflicts, sales) also in connection with any related trademark rights.