L&A’s consultancy for commercial companies consists of business associates’ support during the establishment of the legal body and subsequently of assistance to the Management Board in order to grant the necessary legality for a correct management of the company. It involves therefore the consultancy to perform the delegated functions, to periodically update the non-Managing Director, the independent directors and the Supervisory Board for the inspections it must perform. The office has gained thirty years of expertise regarding extraordinary operations, ranging from leveraged to corporate merger and from the transfer of holdings to business scissions. L&A’s lawyers support the President of the meeting during company’s convocations, in order to help him exert the proper functions to take resolutions compliant with the statute and the current legislation. In other case our office supports minority shareholders, representing them by proxy and laying the foundations to solve corporate conflicts.
Since its beginnings, the office has supported minority shareholders of companies during corporate conflicts. Seeing such conflict as specific, although the presence of a social contract including all partners requirements, L&A work together to resolve corporate crisis looking for a useful solving combination to keep the company alive and to fulfill all partners. The latest creation of the Court of Enterprises requires that the lawyers must be highly specialized and substantial in the use of legal instruments to favor minorities and look for conciliations.
L&A office monitors the issue of mini-bond and commercial papers, partnering with its customers. The office has supported arranger originators during operations of securitization and quotations of ABS notes regarding sanitary claims, automotive and RMBS. L&A assists arranger companies during operations concerning takeover bids, becoming a tutor on crowdfunding platforms.
Contracting support requires a special expertise both for Anglo-Saxons contracts, often used for merging, acquisition and in equity funding, and both to create “traditional” contracts where it is crucial the knowledge of Italian legislation and case-law. The lawyers from L&A have such a qualified expertise and are able to give a specialized support.
In our country, support and consultancy must go hand in hand with a deep experience of civil trial, being a necessary means to acknowledge the good rights of the parties. Having experienced a crisis in civil trials during the last years, we have personally tested the effectiveness, if not the necessity, of a thoughtful use of the precautionary trial, in order to obtain a faster Justice and, when possible, a “good-natured” resolution of the dispute, from a stronger position. We have thus contributed towards lowering serious acts of unfair competition, breach of contract, attempted subtractions of capital guarantees. Corporate conflicts demand appealing to a probation officer: to stop unlawful council’s resolutions, to withdraw untrustworthy administrators and to obtain the right, for the partner, to get corporate documentation. However, it is not always possible to avoid the long waits of a jury trial: in this case it is even more appropriate to specifically explain to the client every procedural choice, describing in advance the duration, costs and possible results of the procedures and trying, if possible, to find a dispute conciliation.
The economic and financial crisis of the western world has put the need to have legal actions more focused on mutually agreed solutions, creation of certificate plans and rescheduling of debts. During the last seven years, the office committed to support those companies that have found alternate solutions for competitive tenders, to maintain the company and the level of employment, avoiding to scatter wealth and satisfying creditors.
Over the last decade the office has given support to companies in searching for the best or suitable funding to develop or restructure these companies. It has developed a special expertise in this field, identifying the fundamental requirements to present these worthy companies to financial institutions, showing both industrial prospects and compliancy with the current legislation. Moreover, the office is specialized in obtaining the so-called legality ratings, extremely useful to get public and bank funding and reputational rating.
The office gives support and consultancy for economic criminal prosecutions, assisting its customers both judicially and preventing/identifying those responsibilities related to commercial and industrial activities. The activities are performed working together with criminal attorneys that have experience and authority. It is particularly important the commitment that is put onto bankruptcy and corporate crime, paying attention to the administrative responsibilities of the institutions and the resolutions provided according to the Legislative Decree n. 231, year 2001.
The office is also very active in the field of estate law, where it supports investors and manufacturers in finding solutions, taking care of operations with dedicated investing funds, strategic management of compendium of financial market participants and real estate companies.
According to our lawyers, the best way to grant a qualified consultancy is to write, publish, actively contribute to the scientific debate, professional updating and research. The deep theoretical and practical studies, along with our profession itself, are subject to publishing whenever the matter is worthy. We have thus published monographs and contributions in collected works concerning these themes: corporate governance, management judicial control, shareholder’s pact, merger and division, financial instruments, societies managing public services, procurements and corporate funding.