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Litigation

"The team gives high-level assistance in a timely fashion and is very open to meeting clients' needs."
Legal 500

Carnelutti has a long and impressive record of representation in contentious cases across various legal sectors.
The firm’s litigation professionals have developed high-level expertise in a wide variety of litigation types and in all kinds of ordinary and special procedures as per the Italian civil code, and in conformity with the laws governing specific areas. Clients are assisted in every aspect of litigation management, from pre-trial phases right through to the execution of judgments obtained, not forgetting negotiations along the way and exploring settlement options.
Carnelutti’s lawyers regularly represent multinational corporations, banks and financial institutions – many of whom are household names – with both national/domestic and international disputes.
In addition to court based proceedings, the litigation team has extensive long experience in national and international arbitration proceedings before the most important and prestigious arbitration forums.

Commercial Litigation

Carnelutti represents Italian and overseas companies in disputes involving contract and corporate matters. Specific areas where the firm's professionals have developed advanced skills include: actions for breach of fiduciary duties against company directors and general managers, challenging resolutions adopted by shareholders’ meetings, shareholder disputes concerning the control of companies and actions on shareholders’ agreements.
The firm's litigation lawyers also represent clients in disputes on the validity, enforcement and termination of commercial agreements such as contracts for works and for the supply of services; agreements for assignment of receivables, finance leasing, international sales as well as agency, consortium and joint venture agreements.

Banking and Financial Intermediaries Litigation

The firm specializes in disputes concerning financial intermediaries and investment services. It has represented primary Italian banking groups in compensation proceedings filed by investors alleging breaches of regulations on financial intermediaries and investment services, and damages claims resulting from unlawful conduct of financial promoters.
Carnelutti has also assisted primary Italian banking groups in proceedings filed by holders of defaulted Argentina bonds to obtain compensation for financial losses resulting from such investments.

Insolvency Proceedings

The firm's litigation professionals have in-depth experience of corporate insolvency: specifically, they assist financially distressed companies by developing reorganization and debt rescheduling plans and where such solutions are not practicable, by representing clients before Bankruptcy Courts to pursue the available relief and remedies open to crisis-stricken companies.
Corporate clients who face difficulties as a result of the failure of distressed debtors to settle their accounts are also assisted by the firm's lawyers taking action aimed at safeguarding their receivables, including in the course of bankruptcy or other insolvency proceedings.
Carnelutti's professionals are often retained by Bankruptcy Courts to represent insolvent companies in various types of legal proceedings such as actions for compensation against former directors of insolvent companies, insolvency revocation applications, etc.

Telecommunication Services Litigation

The firm has substantial experience representing market leading international and Italian telecommunication companies in proceedings on both regulatory matters and contractual disputes.

Insurance Litigation

Carnelutti has represented leading insurance companies in disputes involving insurance issues connected to directors and officer’s liability and medical liability policies.

  • Representing a leading company in the manufacture of moulds and in moulding technical thermoplastics items in a lawsuit started by the world's largest automotive supplier and one of the top financial performers in the industry with 2011 sales of $16.2 billion, claiming  damages in compensation for losses caused by alleged product defects in a steering lock component assembled on sedans of a leading Italian car manufacturer.
  • Assisting an Italy-based multinational oil and gas company and one of its subsidiary in three lawsuits before the ordinary court of Milan claiming compensation for reputation damages resulting from corrupt practices which involved two former executives of its subsidiaries.
  • Defending a company specializing in the sale of malolactic bacteria and auxiliary agents for the wine industry against a leading multinational manufacturer of ingredients for the food industry, in an action for compensation for damages caused by the unjustified discontinuance, without notice, of a distribution agreement with an exclusivity covenant and the failure to formally enter into a new exclusive distribution agreement covering the entirety of Italy. The court of first instance established the existence of a distribution agreement, despite the absence of execution in writing, and the unlawful withdrawal from pre-contractual negotiations. It also ordered the Claimant company to pay significant damages in compensation, in addition to legal costs.
  • Representing a primary Italian banking group in the Italian Civil Courts in proceedings filed to obtain damages resulting from unlawful conduct of financial promoters.
  • Representing a company specializing in the field of functional ingredients and raw materials for the savoury food sector in a legal action in Germany against a German company that develops, produces and sells spice mixtures for the Food Industry as well as additives and starter/protective cultures for the meat, poultry and sausage industry, which used the name of our client in its brochures and on its website. We won the third appeal (before the Supreme Federal Court of Germany). The Court ordered the Defendant company to refrain from using our client’s name and set a penalty per breach.
  • Representing a primary manufacturer and a worldwide distributor of automotive components to car manufacturers and to the after-sales market in several lawsuits against carriers who asked for an adjustment on fees already received, claiming as the legal basis special legislation which established that certain fees are mandatory.
  • Representing several shareholders in proceedings concerning the transfer of a stake in the share capital of an important Italian company operating in the pharmaceutical industry.
  • Representing a major Italian charter and tourism airline in all commercial litigation and proceedings arising from aircraft leasing agreements.
  • Representing the corporate and investment bank of an Italian banking group in several proceedings against a primary Italian bank regarding the Ministry’s cancellation of credit facilities, and in a complex reorganization under the supervision of the court of Nice to cancel second mortgages on property purchased by third parties.
  • Representing the world’s largest research–based pharmaceutical company in appellate proceedings regarding doctors’ and manufactures’ liability for a drug. The firm won the case in the lower court.
  • Assisting primary insurance companies both in contractual matters and in litigation proceedings.
  • Representing a primary telecommunication provider in commercial law litigation issues before Italian Civil Courts.
  • Representing a primary Italian banking group in proceedings before the Italian Civil Courts filed by holders of defaulted Argentina bonds to obtain compensation for financial losses resulting from such investments and proceedings filed by such holders against financial advisors to obtain compensation for losses resulting from breaches of regulations on financial intermediaries.
  • Representing several former directors of a primary Italian company managing the highway network before the Milan Civil Court to obtain compensation for losses triggered by their being removed from office without cause.
  • Representing a primary automobile spare parts producer in litigation before the Turin Civil Court involving a distribution agreement.
  • Representing the heirs of the founder of a primary Italian construction company in a lawsuit brought by a leading Italian banking group against the founder concerning his past service on the Board of Directors of an Italian bank (now owned by the claimant bank).
  • Defending a former director of a local savings bank in a lawsuit for director liability under articles 2392, 2393 and 2395 of the Italian civil code.
  • Representing the holding company of an independent Italian telecommunication operator in summary proceedings started by a Maltese online gambling company whose website was deactivated because it lacked the necessary license to operate in Italy. The case was of significance to all telecommunication operators in Italy.
  • Representing a primary Italian internet service provider and an independent Italian telecommunication group in proceedings involving telecommunication regulations and contractual disputes.
  • Representing a leading Italian company operating in the construction field in a lawsuit against an Italian real estate company and a Luxembourg construction company. The subject of the dispute concerned the settlement of the price owed to Carnelutti's client upon the sale of an island in the Venetian Lagoon, where a luxury hotel and a golf club are planned to be developed.
  • Representing the civil aviation agency ("CAA") of a major Middle East country in litigation regarding a bank guarantee extended to cover a contract for the restructuring of an international airport which suffered serious damage in a 1994 civil war. A successful first instance decision was subsequently confirmed on appeal in favour of the CAA.
  • Representing the Italian subsidiary of an internationally recognized sportswear manufacturer in arbitration proceedings against a French insurance company.
  • Representing a medical devices manufacturing company with several cases concerning allegedly defective products which the claimants asserted could cause significant and permanent injuries to the users.
  • Drafting the terms and conditions of a D&O insurance policy for a primary Italian bank.
  • Representing a leading international manufacturer of wood panels in litigation against another international firm which specializing in high tech panel sawing technology.
  • Representing a leading merchant bank in a major lawsuit to defend compensation claims arising from the fulfillment of a guarantee linked to the sale of bonds.
  • Representing one of the largest Italian cement industrial enterprises in litigation triggered by a breach of the terms of a business lease.
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