- application of EU and Italian Competition law;
- horizontal and vertical restrictions;
- abuse of dominant position;
- mergers and joint ventures;
- aids of State;
- prosecution or defense in front of the EC Commission, the Court of Justice, the Italian Competition Authority, the Italian Telecommunication Authority and ordinary courts.
Specific areas of advise include:
- licensing of copyrights;
- remedies against infringers;
- anti-counterfeiting measures;
- prosecuting or defending in infringement claims;
- negotiation of licensing agreements.
Among said activities we can include:
- infringement of trademarks;
- use of confusingly similar corporate, business, trade and professional names;
- false representation and false advertising;
- theft of trade secrets;
- any other non-professionally-correct behaviour which is apt to prejudice competitors;
- unfair trade practices. Our firm has developed a substantial skill in assisting clients in this field, both by prosecuting or defending in infringement claims, and in helping to prevent acts of unfair competition.
- directing undertakings on advertising campaigns;
- assisting companies in dispute resolutions.
Our firm provides full defense before the Jury of the Selfregulation in Advertising, the Antitrust Authority charged of misleading and comparative advertising matters, as well as ordinary courts.
- Publicly subsidised investments
- environment and energy
- permits and authorizations
- public procurement and competitive tendering (including utilities)
- culturally and environmentally protected assets
- Services of general interest (including utilities) and entities in public ownership (including in-house entities)
- town-planning (including urban and zoning matters)
Frignani Virano e Associati regularly defends clients in proceedings before the administrative courts (Regional Administrative Courts and Higher Administrative Courts), domestic and international, with reference to issues related to the above matters. We also assist clients in procedures pending before independent regulatory Authorities and local authorities.
Our main issues of counseling are:
- legal advise on laws and regulations related to the telecommunications field;
- drafting or reviewing agreements;
- protection of intellectual property rights;
- proceedings before the Italian Communication Authority.
In particular, our attorneys represent franchisors, distributors and multi-level distribution systems in a wide variety of business segments.
Our senior partner is chairman of the European Franchise Lawyers Group (EFL,www.eurofranchiselawyers.com) and served as member of the scientific committee to UNIDROIT projects on international franchising and on the uniform law on factoring and on leasing.
Our counseling in connection with franchise includes:
- franchise concept structure;
- contract drafting (franchising agreements, master franchising agreements, unit agreements, and other ancillary agreements);
- real and personal property leases and sales; – manufacturing, supply and other vendor arrangements with franchisors;
- trademarks, licensing, trade secrets, copyright, and other intellectual property matters, including confidentiality agreements;
- international franchising. Other commercial contracts, in which we have developed a special skill are international sales, supply agreements, joint ventures, merchandising and sponsoring.
Our assistance to our clients comprises:
- conducting due diligence;
- drafting merger agreements;
- laying out strategies for the protection of minority shareholders.
We are engaged in the provision of full assistance to domestic and international clients with respect to company law, in particular, providing counseling with:
- preliminary negotiations;
- incorporations; – servicing as legal seat for companies;
- legal assistance for day-by-day company operations;
- drafting shareholders agreements; – drafting of compliance codes.
- banking, encompassing the representation of lenders and borrowers in preparing and negotiating transactions as well as issuing of performance bonds;
- securities, including all phases of accessing capital markets, through trusts, equity and debt issues, on behalf of issuers, underwriters, investment banks, institutional investors.
In some instances, our firm acts as counsel to the bankruptcy court, in other instances, our attorneys act of behalf of creditors, to establish and protect their rights and to maximize possibilities of recovery.
Besides the function as arbitrators, the firm mainly assists our domestic and international clients in the following areas:
- prosecution or defense in domestic and international arbitration;
- enforcement of foreign arbitral awards in front of the Italian courts;
- advising foreign clients with regards to advantages and disadvantages of arbitration, including the drafting or selection of the most appropriate arbitration clause, forum and rules.
Our Senior Partner is teaching EU Private Law since decades now and our law firm is specialized in assisting its clients in legal issues on Community law. In particolar our services include:
- information and updating on Treaties, regulations, directives, decisions as well as judgments of the European Court of Justice;
- drafting contracts in compliance with Community law;
- lodging complaints with the Commission, and pleadings in proceedings before the same;
- pleadings before the Court of Justice.
The fields of the law firm practice encompass all sectors here above indicated.
Our litigators are experienced in a wide range of general litigation matters, both domestic and international , before every instances of the juridiciary, including Italian Supreme Court and European Court of Justice. We act successfully for a number of large clients in different industrial sectors.
Our practice areas include:
- prosecuting or defending clients in civil and commercial litigation;
- seeking execution of national and international judgments;
- obtaining temporary and permanent injunctions and pre-judgment attachments.