Case History

Type of assistance: Social security law

Sector: Transportation

Object

Litigation before the Labour Court.

Summary of matter

De Luca & Partners assisted a private foreign airline and its legal representative in the proceedings before the Varese Court introduced by the latter, against the inspection report issued by the INPS and the ITL, concerning the alleged illegitimate secondment of no. 31 employees hired in Spain (place of the Company registered office) and seconded ....

Type of assistance: M&A & extraordinary operations Restructuring

Sector: Pharmaceutical

Object

The Firm assisted an international group – with 80 years of experience, in research, development, production and marketing of medical products for specific sectors – in the exclusive distribution operation leading to the acquisition of the Target company.

Summary of matter

This case involved analysing and conducting due diligence on all agency and distribution agreements entered into with the target, as well as on employment relationships with employees.

Type of assistance: M&A & extraordinary operations Restructuring

Sector: Architect and design

Object

The Firm assisted a Company belonging to an international Group operating in the luxury forniture sector in the reorganisation of several company divisions, implementing actions aimed at rationalising activities and professional profiles.

Summary of matter

The Firm prepared a feasibility study on the foregoing operation, defining timescales, identifying risk areas and possible solutions to be implemented to reduce the impact of the rationalisation of resources and activities for both the client Company and the workers. In that case, the Firm also prepared letters to initiate the procedure set out in ....

Type of assistance: M&A & extraordinary operations

Sector: Life Science and Clinical Diagnostics

Object

The Firm assisted a Company that manufactures products for scientific research and clinical diagnosis and distributes them around the world, in the reorganisation of its Sales and Marketing structure, implementing actions aimed at rationalising activities and professional profiles.

Summary of matter

The Firm prepared a feasibility study on the foregoing operation, defining timescales, identifying risk areas and possible solutions to be implemented to reduce the impact of the rationalisation of resources and activities for both the client Company and the workers. In that case, the Firm also prepared letters to initiate the procedure set out in ....

Type of assistance: Industrial relations

Sector: Home Decor

Object

The Firm has assisted an international company active in the Home Decor sector following the decision of its board to discontinue the business activities and to put the company into voluntary liquidation.

Summary of matter

The Firm has assisted the company during consultation with the trade union organizations regarding the concession of the Extraordinary Wages Guarantee Fund for discontinuation of business activities, which ended on 7 July 2015, and during the subsequent submission of the application to the Ministry of Labor. Following admission of the company to the arrangement with ....

Type of assistance: Agency agreement

Sector: Tertiary

Object

The Firm assisted an international group with over 50 years of experience, leader in the distribution of consumer and professional products for specific sectors, in the implementation of a project to improve sale processes.

Summary of matter

The Firm has assisted the Client in the drafting of the new agency agreement that the Client asked to prepare in the light of the current and complex needs of the Company.

Type of assistance: Employment & labour Labour dispute resolution/Litigation

Sector: Industrial Engineering

Object

Assistance in the dismissal of its General Manager and his removal from the office of Managing Director to an engineering company and supplier of plants and equipment for the processing of gas and oil for over 80 years.

Summary of matter

The firm assisted the Client in the dismissal of its General Manager and his removal from the office of Managing Director. The Firm also assisted the Company in the attempt to reach an out-of-court settlement following the executive’s appeal. The Firm was later instructed to assist the Company in the proceeding brought by the executive ....

Type of assistance: Labour dispute resolution/Litigation

Sector: Architect and design

Object

Assistance in labour law and disciplinary dismissals to a company that operates in the top-range domestic and professional lighting sector, the world leader in the lighting industry.

Summary of matter

The Firm has assisted the Company for many years in all issues connected with labour law. As part of its assignment, the Firm has assisted the Client in a number of cases of employee disciplinary dismissal for thefts committed at the Company’s premises.  The Firm also successfully assisted the client in a legal action brought ....

Type of assistance: Employment & labour

Sector: Designer Furniture

Object

Legal consultancy to an Italian company – leader in the production and sale of luxury furnishing – concernig the dismissal of the General Manager.

Summary of matter

The firm assisted the Client in the process aimed at terminating the employment relationships with its former general manager. The Firm analyzed the feasibility of the dismissal for objective reasons of the manager, identified the risk areas and the possible solutions aimed at reducing the impact on the Client. In this respect, the Firm also ....

Type of assistance: M&A & extraordinary operations Restructuring

Sector: Energy

Object

Our firm has assisted one of the main electricity suppliers in Italy in the acquisition of 70% of the share capital of the Target Company.

Summary of matter

Thus, the transaction led to acquiring the exclusive control of the Company and consolidates its position in energy services. Our law firm was assigned the task to provide support in the aforementioned acquisition, performing accurate Due Diligence about the Target Company in order to assess the critical elements and risks associated to said transaction and ....

Type of assistance: M&A & extraordinary operations

Sector: Pharmaceutical

Object

The Firm assisted the fund in the acquisition of a pharmaceutics company active in the planning and implementation of scientific information campaigns on drugs on behalf of third parties.

Summary of matter

The operation involved analysing and solving complex issues associated with contract working and manpower supply, which were decisive in the operation’s feasibility study. Of particular importance, in this case, were the regulations applying to fixed term contracts and the derogations from the quantity restrictions set in the CCNL collective bargaining agreement during the negotiations at ....

Type of assistance: M&A & extraordinary operations Restructuring

Sector: Digital Marketing

Object

Assistance, having regard to the Italian branch, in the reorganisation of an international Group operating in the field of digital marketing technology, which involved around 170 dismissals at global level.

Summary of matter

In addition to the Italian branch, the operation as a whole involved branches in the following countries: Great Britain, The Netherlands, Germany, France, Spain, Denmark, Poland, Israel, Australia, Republic of China, Brazil, Argentina, Mexico, USA, Canada and the Philippines and entailed a significant level of coordination between the professionals involved in the different jurisdictions. 

Type of assistance: Labour dispute resolution/Litigation

Sector: Digital technologies

Type of assistance: Agency agreement

Sector: Designer Furniture

Object

The firm assisted an Italian company leader in the production and sale of design and high quality products fot home furnishings in occasion of the reorganization of the sales representatives chain, achieved also through the termination of several agency contracts.

Summary of matter

In particular, the firm analyzed the feasibility of each termination of the aforementioned contracts, identifying the risk areas and the possible solutions aimed at reducing the potential liability and operational impact on the Client. Our firm also assisted Kartell facing the litigation which followed the reorganization in certain single cases.

Type of assistance: Agency agreement

Sector: Smart Safety, Lighting & Home Appliances

Object

Management consulting, development and reorganisation of the agent network to a leading player in smart Safety, Lighting & Home Appliances.

Summary of matter

In addition to assistance and advice on ordinary and extraordinary labour law matters, the Firm has assisted the Client in the definition of master agreements for agents, as well as in the resolution of all related issues, preparing the associated agreements, redefining responsibilities (area, products and commission) and solving issues related to the management of ....

Type of assistance: Employment & labour

Sector: Automotive

Object

Advise on the review of intercompany service agreements and secondment agreements to a world leader in the production of specific products for the automotive sector which supplies some of the world’s most important car manufacturers.

Summary of matter

Preparing the master contract and the implementing documentation associated with the relationship between companies of the group at global level (Germany, USA, Asia, etc.), drafting service agreements and, where appropriate, agreements relating to the secondment of executives as part of the combined management of intercompany services, including interaction with the legal affairs offices of the ....

Type of assistance: Top management

Sector: Financial Services

Object

Legal consultancy concerning the disciplinary action and the definition of the terms and conditions of the settlement agreement.

Summary of matter

Legal assistance and advice concerning the disciplinary action against the executive as well as the legal assistance carried out during the complex negotiation concerning the definition of the terms and conditions of the settlement agreement. The negotiation of the dispute with the Company has been complicated to handle as far as the company was strictly ....