The Department is specialised in commercial contracts aimed at protecting intellectual property, licencing, franchising, patents, trademarks and copyright law. The professional may also assist the client in litigation related to unfair competition, violation of IP, and, more generally, in the company’s digital and traditional communication.

The department assists and represents in court individuals, private and public entities, and professionals regarding every aspect related to compensation deriving from commercial, industrial or professional activities (e.g. medical malpractice), civil wrongs or accidents (e.g. car crash).

The Department deals with extrajudicial assistance to private and public entities to comply with the normative in force. Specifically, the professionals give assistance on privacy and cybersecurity matters, draft and implement organisation models (see Italian D.Lgs 231/01), and activities related to the “Organismo di Vigilanza”, as well as on transparency and anti-corruption.
Thanks to a close synergy between the Compliance and the Criminal Law Department, the Firm may offer assistance in case of litigation related to violation of the abovementioned norms.

The Department deals with issues related to the world of digital technology, with particular attention to emerging areas such as the application of blockchain technology in the legal field (e.g. smart contracts), artificial intelligence, IoT/IoE.

Lexchance assists companies in every aspect and phase of the company’s life, from the establishment of the start-up to its presentation on the markets, through the identification of the most appropriate corporate structure and the management of any investment operations. Thanks to the interaction between the specialist departments, the firm offers its clients advice in carrying out due diligence, as well as in drafting commercial contracts and negotiating all types of commercial agreements, up to the closing of the transaction.

The Department assists the clients in the acquisition or sale of shares in private or listed companies. To best deal with the complexity of the transactions and the various phases in which they are articulated, the activity is carried out in synergy with other Firm’s departments. Therefore, we are able to address and manage all the issues that may be related to public and administrative law, as well as implications arising from financing needs or structure of the transactions, labour law, taxation, antitrust and regulatory issues.

The Department supports companies in managing labour law issues involving various operations, such as company transfers, mergers and acquisitions, restructuring activities and participating in trade union meetings. In particular, our professionals have considerable experience in the following areas:

• Legal and fiscal due diligence and trade union consultation procedures (e.g. under Art. 47 Italian Law no. 428/90 in M&A transactions);
• Corporate restructuring: mobility procedures, voluntary redundancy incentive plans, CIGO, CIGS, solidarity contracts;
• Drafting of subordinate, para-subordinate and agency agreements;
• Negotiation of top managers’ employment conditions and managing employment termination;
• Drafting of non-disclosure and non-competition agreements.

The Department assists private entrepreneurs and public bodies in all areas subject to public regulation.
Our team of professionals have developed a specific aptitude for a multidisciplinary approach, which appears necessary to address articulated and complex issues in the areas of public contracts, town planning, environmental law, energy law and competition law. The Department works in strict synergy with the professionals dedicated to M&A and financial operations, particularly when such operations present public law issues (authorisation and regulatory issues, also in relation with public sector authorities).

The Department offers advice and assistance to companies during a crisis, identifying on a case-basis the best debt restructuring tools amongst those provided by the law. If needed, it will set up multidisciplinary working groups consisting of professionals from various sectors. When insolvency is deemed irreversible, our professionals help the entrepreneur manage their company’s liquidation and represent the client in possible litigation.
Our experience in insolvency matters includes advising and assisting insolvency professionals in extrajudicial and judicial proceedings arising from insolvency procedures and assisting creditors with bankruptcy proceedings and extrajudicial debt restructuring procedures. Additionally, we help companies and individuals who intend to acquire companies and other assets in bankruptcy or who need assistance concerning litigation brought against them.

The Department assist clients in every national and transnational criminal law field, with particular reference to crimes committed in relation to economic, commercial, industrial or professional activities, such as: safety in the workplace, corporate and bankruptcy offences, financial offences, counterfeiting and criminal protection of industrial and intellectual property, environmental crimes and building violations, tax offences, and criminal responsibility of corporations (see Italian Decreto Legislativo n. 231/01).

The Department advises companies, national groups and multinationals on taxation issues and fiscal planning.
The team have consolidated experience in managing relations with the tax authorities at every stage of the proceedings (requests for rulings on domestic and international issues, tax audits, assessments and possible litigation).
Tax consultancy is closely integrated with the work of the other Firm’s departments to maximise the value of the service provided. Our clients are assisted in a comprehensive and cost-efficient manner concerning all tax issues that may emerge concerning their sector and activity.

The Department assists clients willing to buy and sell boats and ships nationally and internationally. The professionals have also developed particular experience in the maritime charter sector in relation to shipowners and companies carrying out this activity.
With specialised technical advisors’ help, our professionals may assist the client in disputes about the construction, registration, repair, and use of a vessel or ship. Our Firm also offers judicial and extrajudicial legal assistance to shipyards in disputes with shipowners, including those in foreign / international territory.

The Department offers assistance to companies on privacy, data protection, and cybersecurity issues. These activities include:

• draft and revision of contracts involving the processing of personal data (database transfer contracts, commercial information, statistical surveys, marketing);
• processing of personal data for marketing, commercial communication (marketing through automated systems, telemarketing, spam and soft spam, e-commerce) and profiling;
• draft and revision of terms & conditions and privacy policies for websites, social networks, online social and gaming platforms, mobile applications;
• protection, management and analysis of cyber risks, implementation of cybersecurity tools and countermeasures, draft and revision of contracts involving cybersecurity and business continuity.

The Department has consolidated experience in legal services related to buying and selling real estate property in Italy and abroad for personal interest, investment, as well as sales transactions. Professional advice is offered along with legal and procedural support at every transaction stage (due diligence, financing, acquisition, renovation). Advice and assistance are also provided through our insurance, tax and notary advisors.

The Department operates in the field of banking law, mainly dealing with contractual issues and solution to credit-related problems.
In particular, contractual advice and legal assistance are provided concerning bankruptcy and enforcement procedures, both concerning the management of credit positions and revocation actions.
We also assist clients in financial law matters (also in the litigation phase) with particular attention to issues connected to derivative contracts (IRS), forex, futures, options, certificates and CFDs (Contract for Difference).

Our Department has extensive experience in family law, offering assistance in dealing with prenuptial agreements, civil unions, and separation and divorce proceedings (with particular attention to issues concerning minors).
Advice and assistance are also offered on all matters around filiation, adoption and foster care, as well as disqualification, incapacitation and appointment of support administrators.
We have experience in establishing and managing asset funds and tools aimed at protecting a family’s assets.
Furthermore, we assist clients in inheritance law. We offer advice regarding negotiating instruments for the implementation of para-successory purposes and, in particular, intergenerational transfer of business and related corporate transactions.

Lexchance is sensitive to the needs and protection of people in distress. We acknowledge the social relevance of the legal assistance and, in particularly deserving cases, we offer pro bono legal aid. We also support non-profit organisations active in the protection of human rights.

Thanks to the experience gained in this sector, our professionals assist sportspeople in the commercial management of their image – from the beginning to post-career development – offering legal, tax, social security and asset management advice.