Which techniques are typically used by international counterparties in Italy to overcome what appears to be an insurmountable obstacle?

Relaxing the tempo is a good technique, adjourning meetings in such a way to allow the parties to further review the applicable rules and/or reflect on alternative solutions. They can then come back to the negotiation table with a proactive and constructive approach, in order to overcome the obstacle and reach a mutually acceptable and […]

Lorenzo BacciardiPartner, Bacciardi and Partners

Please recount a “war story” in your experience of a negotiation approach that went spectacularly well and explain how/why it worked.

In a recent cross-border M&A transaction, we had a foreign party negotiating and successfully convening with the Italian party a call option right whereby the foreign party would be entitled to purchase a certain amount of share capital of the company owned by the Italian party. The foreign investor intended to secure that the Italian […]

Lorenzo BacciardiPartner, Bacciardi and Partners

What are the top three things to consider in Italy with regard to director liabilities / reporting to the board?

01. Directors can be made liable if there is a breach of their duties or obligations, an occurrence of damages following the breach and a direct connection between the director’s breach and the occurrence of subsequent damages. 02. The liability of the directors can further be triggered if directors delay or postpone reporting their company […]

Lorenzo BacciardiPartner, Bacciardi and Partners

How does your firm work with General Counsel in making sure the board fulfils its duty to monitor— not only in terms of addressing director liability problems as they emerge, but also in proactively minimising the risk of future events?

We usually work with the General Counsels of our corporate clients to make sure the company adopts proper and efficient procedures during the decision-making process. We assist in the implementation of Corporate Governance systems in compliance with the terms and conditions provided for by the Italian Legislative Decree n. 231/2001. We also help to assess […]

Lorenzo BacciardiPartner, Bacciardi and Partners

What governance mechanisms should General Counsel look to establish between the board and C-level executives in order to best manage officer reporting and liability – particularly in areas such as risk management, cybersecurity, and technology?

General Counsels frequently report that they are consulted by executives and/or the top management of the company only when a problem actually arises following a previous decision. We strongly believe that a good governance system does require that the General Counsels be always involved early on in the decision-making process, particularly when the decision is […]

Lorenzo BacciardiPartner, Bacciardi and Partners

What sources of law do you navigate in order to address questions of director and officer liability, and what trends do you see among the regulatory agencies and courts that supervise these issues?

While addressing the questions raised on directors’ liability, Bacciardi and Partners navigates several sources of law. These also include Italian business criminal law (and case law too) which has broadened the concept of ‘duty of care’ with regard to directors and officers. Directors are, in fact, too often held criminally liable for conducts that they […]

Lorenzo BacciardiPartner, Bacciardi and Partners

THE GENERAL DATA PROTECTION REGULATION (REGULATION EU 2016/679): how to get compliant with the new rules, and to avoid liability and fines

March 7th, 2018 – 14.30 – 18.30 Venue: Ordine dei Consulenti del Lavoro di Pesaro e Urbino Via Picciola n. 6, Pesaro On March 7, 2018 Bacciardi and Partners and the Association of Labor Consultants of Pesaro and Urbino will hold a specialized training seminar on the new European General Data Protection Regulation (GDPR), which […]

Lorenzo BacciardiPartner, Bacciardi and Partners

BACCIARDI and PARTNERS – New Firm’s members presentation

BACCIARDI and PARTNERS – New Firm’s members presentation   After the prestigious recognition as IR Global member of the Year 2017, Bacciardi & Partners continues in his organic growth and internal organization in order to achieve constant improvement of its services in favour of its Italian and foreign corporate clients. Since January 2018, Bacciardi and […]

Lorenzo BacciardiPartner, Bacciardi and Partners

e-lawyers joins IR as the exclusive Data Privacy & Security Member in Italy

IR Global, the world’s largest exclusive network of advisory firms is delighted to introduce Domenico Operetto of e-lawyers. Domenico has joined IR as our exclusive Data Privacy & Security Member in Italy. “e-lawyers it’s a law firm dedicated to legal informatics. In the team are lawyers, full professors and informatics, with the depth of knowledge […]

Domenico OperettoCounsel, e-lawyers