Celebrating the achievements of the finest lawyers and legal teams in Italy
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TopLegal Awards 2018 TOPLEGAL AWARDS 2018 Italy’s oldest and most exclusive legal awards ceremony, now in its 11th year, took in place in the country’s two main business centres, Milan and Rome 2 • TOPLEGAL AWARDS – SPECIAL EDITION April 2019
T he TopLegal Awards held last November once again broke records. A total of almost 900 gue- sts gathered in Milan and Rome, Italy’s two principal legal business centres, to celebrate the most important event of the year for Italian commercial lawyers. More than ever before in an increasingly segmented market for legal services, Italian lawyers gravitate towards two different, but ultimately complementary, geographical epicentres. Over the past decade, Milan has consolidated its reputation as the unrivalled finance and transactional capital of Italy. Rome, the country’s political capital, meanwhile, has confirmed its standing as an unrivalled centre for regulatory issues, disputes and public law. As happens every year at the TopLegal Awards, company counsel representing leading Italian cor- porates and financial institutions were also in attendance, drawn to an event widely recognised as the legal industry standard in Italy. Last year, a record 180 law firms nominated themselves for a prize. The 2018 winners were selected by a joint team composed of TopLegal journalists and researchers working throughout the year. Assisting them was a 32-strong panel of CEOs and in-house legal, tax and employment experts drawn from a cross-section of domestic and international corporates based The Technical Commission: TopLegal jury panel Umberto Baldi (Fincantieri) Rossella Blasi (Ifom) Paola Bottero (Autogrill) Paola Brovelli (Samsung) Francesco Carducci (Parmalat) Dario Centomo (Volkswagen Italia) Emanuela Chizzoni (Takeda Italia) Sara Citterio (Trussardi) Francesca Covone (Terna) Federica Curcuruto (Payback) Davide Davico (Ersel Sim) Stefania Del Duca (Granarolo) Primiano De Maria (IGT) Andrea Di Paolo (British American Tobacco) Enrica Dogali (De Cecco) Maurizio Dottino (Gruppo Marcegaglia) Tiziana Ferrantini (Acqualatina) Filippo Gaggini (Progressio SGR) Fabio Grimaldi (Piaggio) Massimo Luksch (Volvo) Francesco Marzari (Siram) Elena Mauri (Ermenegildo Zegna) Valentina Merlo (Alpiq Energia Italia) Pietro Minaudo (Percassi) Mario Montella (Sogei) Domenico Muratori (Intesa Sanpaolo) Marco Paglia (Agenzia Delle Entrate) Claudio Picucci (ILVA) Marco Pompeo (Arrow Global) Alan Scampolo (Decathlon Italia) Laura Segni (Banca IMI) Cristina Sgubin (Italo) Lina Vitolo (Iliad) 3 • TOPLEGAL AWARDS – SPECIAL EDITION April 2019
in Italy. A total of 72 prizes were presented over the course of the two evenings in Milan and Rome. The winners were all decided following a highly selective process which many jury panellists likened to an informal beauty contest. In addition to evaluating the strictly legal technical merit of the candi- dates, the panel of experts also considered the quality of legal solutions proposed, the ability of candi- dates to offer innovative services and delivery models, and the level of investment made by law firms in relation to human capital and technology. Finally, the men and women of the jury also considered the overall practical impact and business outcome of legal services for corporate clients. Generally speaking, this year’s jury underscored the value for clients of legal teams and individual practitioners with a business or entrepreneurial vision beyond the legal remit. The legal profession’s sense of obligation towards its various stakeholders also gained increasing importance. The signifi- cance of social values beyond the balance sheet was visible in the Pro Bono, Diversity and Best Place to Work categories. The Highlights The winners of the heavyweight categories, as always, drew the most attention. Bruno Gattai of Gattai Minoli Agostinelli was recognised as the Lawyer of the Year. The prize for Senior Partner of the Year went to Orrick’s Alessandro De Nicola. Dentons was the surprise winner of the Italian Firm of the Year award, the firm’s first ever collective award. The lifetime achievement award for Excellence was presented to Luigi Macchi di Cellere, founding partner of Macchi di Cellere Gangemi. Among the serial winners, the team from BonelliErede come out top gathering an outstanding four prizes in the corporate/M&A, commercial criminal law, employment and tax categories. A further four law firms – Bird & Bird, Chiomenti, Gianni Origoni Grippo and Legance – were also among the big winners on the night, each receiving three awards each. 4 • TOPLEGAL AWARDS – SPECIAL EDITION April 2019
INDIVIDUAL CATEGORIES LAWYER OF THE YEAR Bruno Gattai (Gattai Minoli Agostinelli) MANAGING/SENIOR PARTNER OF THE YEAR Alessandro De Nicola (Orrick Herrington & Sutcliffe) EMERGING LAWYER OF THE YEAR Luca Amicarelli (Gianni Origoni Grippo Cappelli) PRIZE FOR EXCELLENCE Luigi Macchi di Cellere (Macchi di Cellere Gangemi) 5 • TOPLEGAL AWARDS – SPECIAL EDITION April 2019
Lawyer of the Year, Bruno Gattai of Gattai Minoli Agostinelli Senior Partner of the Year, Alessandro De Nicola of Orrick Herrington & Sutcliffe Lawyer of the Year BRUNO GATTAI (Gattai Minoli Agostinelli) Led the expansion of the firm founded in 2012 which has steadily inched towards becoming a premier full-service team in recent years. Recognised for M&A transactions on behalf of leading corporate and private equity funds, Gattai guided CVC capital partners’ acquisition of Italian pharma multinational Recordati. Senior Partner of the Year ALESSANDRO DE NICOLA (Orrick Herrington & Sutcliffe) Recognised for steering the Italian practice to its best ever financial performance in 2017. Applau- ded for his role in designing AI services for clients, De Nicola was among the group of professio- nals commissioned to report on the new EU privacy directive, General Data Protection Regulation (GDPR). 6 • TOPLEGAL AWARDS – SPECIAL EDITION April 2019
Emerging Lawyer of the Year, Luca Amicarelli of Gianni Origoni Grippo Cappelli Luigi Macchi di Cellere wins the Award for Excellence Emerging Lawyer of the Year LUCA AMICARELLI (Gianni Origoni Grippo Cappelli) Selected for his contribution to the expansion of the firm’s environment practice, assisting chemi- cal group Isagro and energy provider Saras. Amicarelli was also involved in drafting a report on legislation relating to the use of water in agriculture for the World Bank. Award for Excellence LUIGI MACCHI OF CELLERE (Macchi di Cellere Gangemi) Among the first generation of business lawyers trained in the U.S., Macchi di Cellere practiced under the legendary Giuseppe Bisconti, one of the principal architects of the modern law firm in Italy, and went to head Bisconti’s New York office in 1980. Six years later he founded his own firm which went on to become among the market leaders for corporate and commercial law. 7 • TOPLEGAL AWARDS – SPECIAL EDITION April 2019
TEAM CATEGORIES LAW FIRM OF THE YEAR Dentons REGIONAL FIRM OF THE YEAR, NORTHERN ITALY Leading Law REGIONAL FIRM OF THE YEAR, CENTRAL ITALY Fidanzia Gigliola REGIONAL FIRM OF THE YEAR, SOUTHERN ITALY Magrì Sersale Ambroselli REGIONAL FIRM OF THE YEAR, ISLANDS Giambrone BEST PLACE TO WORK Hogan Lovells INNOVATION LAW FIRM OF THE YEAR Deloitte Legal LAW FIRM OF THE YEAR FOR DIVERSITY Bird & Bird PRO BONO LAW FIRM OF THE YEAR Baker McKenzie LEGAL AFFAIRS FIRM OF THE YEAR Panetta INDEPENDENT ITALIAN DESK OF THE YEAR Racine INTERNATIONAL ITALIAN DESK OF THE YEAR Garrigues 8 • TOPLEGAL AWARDS – SPECIAL EDITION April 2019
Dentons, Law Firm of the Year Leading Law, Regional Firm of the Year, Northern Italy Law Firm of the Year DENTONS Dentons hit the ground running when it launched in Milan with eight professionals back in 2015. Since then it has expanded to 117 fee earners and launched a second office in Rome. In- volved in significant transactions during 2018, including the $6 billion acquisition of automotive component manufacturer Magneti Marelli by fund client KKR from FCA. Regional Firm of the Year, Northern Italy LEADING LAW Launched only in 2016 as the first Italian network of notaries and lawyers, the firm has doubled the number of its partners over the last two years. It advised renewable power plant operator Asja Ambiente Italia on the acquisition of Tuscia Ambiente. 9 • TOPLEGAL AWARDS – SPECIAL EDITION April 2019
Fidanzia Gigliola, Regional Firm of the Year, Central Italy Magrì Sersale Ambroselli, Regional Firm of the Year, Southern Italy Regional Firm of the Year, Central Italy GIGLIOLA FIDANZIA As part of its European strategy, the firm won the public tender to advise the European Parliament on admi- nistrative law issues. The team also successfully defended Consip, the public procurement operator owned by the Ministry of the Economy and Finance (MEF) at the Council of State in a case brought by Capgemini. The case involved a decision to award the contract for cloud computing, security and digital services for the Public Administration sector worth €450 million. Regional Firm of the Year, Southern Italy MAGRÌ SERSALE AMBROSELLI The firm made a strategic leap, signing a joint collaboration and development agreement with national hea- vyweight Tonucci, to expand its activities in Italy and the Eastern European markets. It advised the the Cam- pania regional authority on its controversial waste-to-energy plant at Acerra. 10 • TOPLEGAL AWARDS – SPECIAL EDITION April 2019
Giambrone, Regional Firm of the Year, Islands Hogan Lovells, the Best Place to Work Regional Firm of the Year, Islands GIAMBRONE Acknowledged for its international expansion after agreeing a partnership with the Jordanian law firm Abu Setta and a joint venture with a U.S. law firm. Mandates included advising on the acquisition of a luxury hotel located in the Sardinian resort of Baja. Best place to work HOGAN LOVELLS The firm launched Pathways, a professional growth plan based on constant feedback designed to allow lawyers to monitor and improve their performance regularly. It also tolled out an Em- ployee Assistance Program, offering free counselling and practical guidance on financial, legal, family and work-related issues. 11 • TOPLEGAL AWARDS – SPECIAL EDITION April 2019
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Deloitte Legal, Innovation Law Firm of the Year Bird & Bird, Law Firm of the Year for Diversity Innovation Law Firm of the Year DELOITTE LEGAL Led with its creation of its in-house “on demand” offering for clients allowing corporate legal departments to draw on additional legal support at a flat rate to manages spikes in their wor- kload. Law Firm of the Year for Diversity BIRD & BIRD Launched “Together” aimed at reducing the gender gap by promoting cultural change and awa- reness in favour of diversity. 13 • TOPLEGAL AWARDS – SPECIAL EDITION April 2019
Baker McKenzie, Pro Bono Law Firm of the Year Panetta, Legal Affairs Firm of the Year Pro Bono Law Firm of the Year BAKER MCKENZIE Launched the Promoting Refugees Integration project in association with the State University of Milan and the United Nations High Commissioner for Refugees (UNHCR). The project aims to help refugees make the transition into the world of work. Legal Affairs Firm of the Year PANETTA The boutique made a name for itself in privacy compliance and data protection, advising Nexi, a bank specialising in payment systems, on the transformation of its privacy compliance policies. 14 • TOPLEGAL AWARDS – SPECIAL EDITION April 2019
Racine, Independent Italian Desk of the Year Garrigues, International Italian Desk of the Year Independent Italian Desk of the Year RACINE Founded in 2012, the Italian Desk advised women’s footwear company Sergio Rossi on a re- structuring involving several of its stores in France. International Italian Desk of the Year GARRIGUES Active for over fifteen years in the legal market, the Italian team advised Amplifon, the world’s largest hearing aid retailer, on the acquisition of Spanish group Gaes, for €528 million. 15 • TOPLEGAL AWARDS – SPECIAL EDITION April 2019
CORPORATE & FINANCE Team: BonelliErede CORPORATE/M&A Practitioner: Filippo Modulo (Chiomenti) Team: Ashurst BANKING & FINANCE Practitioner: Andrea Novarese (Latham & Watkins) DEBT CAPITAL MARKETS Team: White & Case Practitioner: Emanuela Campari Bernacchi (Gattai Minoli Agostinelli) EQUITY CAPITAL MARKETS Practitioner: Claudia Parzani (Linklaters) Team: Legance 16 • TOPLEGAL AWARDS – SPECIAL EDITION April 2019
BonelliErede, Corporate/M&A Law Firm of the Year Filippo Modulo (Chiomenti), Corporate/M&A Lawyer of the Year Corporate/M&A Team of the Year BONELLIEREDE Assisted Italo, the only private operator in Europe for high-speed passenger rail transport, on its €2 billion sale to U.S. investor Global Infrastructure Partners (GIP). The deal, one of the standout tran- sactions of the year, was completed in only in two months. Corporate/M&A Practitioner of the Year FILIPPO MODULO (CHIOMENTI) The firm’s managing partner was involved as adviser in the corporate stand-off between French operator Vivendi and U.S. activist fund Elliott for the management of troubled telecoms giant, Telecom Italia. 17 • TOPLEGAL AWARDS – SPECIAL EDITION April 2019
Ashurst, Banking & Finance Law Firm of the Year Andrea Novarese (Latham & Watkins), Banking & Finance Lawyer of the Year Banking & Finance Team of the Year ASHURST Brought in for the largest ever solar financing in Europe, it advised the banks on the €1.02 billion debt refinancing granted to Ef Kosmos, a wholly owned subsidiary of Enel Green Power and the F2i infra- structure fund, partners in the Gruppo EF Solare Italia equal joint venture, the leading photovoltaic operator in Italy. Banking & Finance Practitioner of the Year ANDREA NOVARESE (LATHAM & WATKINS) Recognised as a trailblazer for innovative financings, he advised the pool of banks on the €900 million financing granted to Italian high-speed train operator Italo-NTV (Nuovo Trasporto Viaggiatori) in relation to its acquisition by Global Infrastructure Partners (GIP). 18 • TOPLEGAL AWARDS – SPECIAL EDITION April 2019
White & Case, Debt Capital Markets Law Firm of the Year Emanuela Campari Bernacchi (Gattai Minoli Agostinelli), Debt Capital Markets Lawyer of the Year Debt Capital Markets Team of the Year WHITE & CASE A thorough-bred for debt capital markets, it advised telecoms operator Wind Tre on its €7.3 billion high-yield bond issue. With 20 international banks involved as bookrunners, the cross-border deal represented the largest single euro issue by an individual borrower. Debt Capital Markets Practitioner of the Year EMANUELA CAMPARI BERNACCHI (GATTAI MINOLI AGOSTINELLI) Involved in several innovative transactions, she advised Italian banking group BPER and BPER Factor on the innovative disposal of a warehouse by way of a special purpose vehicle financed by factoring contracts and reverse factoring. 19 • TOPLEGAL AWARDS – SPECIAL EDITION April 2019
Legance, Equity Capital Markets Law Firm of the Year Claudia Parzani (Linklaters), Equity Capital Markets Lawyer of the Year Equity Capital Markets Team of the Year LEGANCE Advised Quarantacinque on the voluntary public tender offer on the shares of listed Italian financial software company Cad IT. This was the first time in Italy that a public offer was financed through the issue of a non-convertible bond. Equity Capital Markets Practitioner of the Year: CLAUDIA PARZANI (LINKLATERS) Assisted Pirelli on the listing of its ordinary shares on the Italian Bourse. The transaction, which saw the re-listing of the Italian industrial giant two years after it was taken private, was one of the biggest European IPOs of 2017. 20 • TOPLEGAL AWARDS – SPECIAL EDITION April 2019
DISPUTES Team: Hogan Lovells ARBITRATION Practitioner: Galileo Pozzoli (Curtis Mallet Prevost Colt & Mosle) Team: Lombardi Segni LITIGATION: COMMERCIAL Practitioner: Ferdinando Emanuele (Cleary Gottlieb Steen & Hamilton) Team: Bird & Bird LITIGATION: PUBLIC LAW Practitioner: Giorgio Fraccastoro (Fraccastoro) LITIGATION: CASSATION Practitioner: Giuseppe Zizzo (Zizzo) LITIGATION: INTERNATIONAL Practitioner: Andrea Saccucci (Saccucci) 21 • TOPLEGAL AWARDS – SPECIAL EDITION April 2019
Hogan Lovells, Arbitration Law Firm of the Year Galileo Pozzoli (Curtis Mallet Prevost Colt & Mosle), Arbitration Lawyer of the Year Arbitration Team of the Year: HOGAN LOVELLS Successfully defended digital mobile radio manufacturer Sepura in an arbitration initiated by its former di- stributor for Italy, Sintel, which had claimed damages of €23 million. The case involved the supply of Tetra radio terminals to the Italian Ministry of the Interior as part of a national security project financed by the Italian Government to the tune of over €500 million and managed by defence company Leonardo. Arbitration Practitioner of the Year: GALILEO POZZOLI (CURTIS MALLET PREVOST COLT & MOSLE) Appreciated for his track record in international arbitrations, he achieved the third consecutive victory for the Republic of Uganda in arbitrations brought by Heritage, Tullow, and Total, leading to the definitive uphol- ding of Uganda’s sovereign tax rights. The case involved tax issues and the transfer of exploitation rights worth several hundreds of millions of dollars. 22 • TOPLEGAL AWARDS – SPECIAL EDITION April 2019
Lombardi Segni, Commercial Litigation Law Firm of the Year Ferdinando Emanuele (Cleary Gottlieb Steen & Hamilton), Commercial Litigation Lawyer of the Year Commercial Litigation Team of the Year: LOMBARDI SEGNI The first-rate team was involved in a liability action against the former director general of troubled Italian bank Monte dei Paschi di Siena over damages allegedly deriving from a complex multi-billion euro financial transaction involving government bonds issued with Deutsche Bank. The judgement established that the bank’s current mana- gement was not responsible for the decisions taken by its previous management team. Commercial Litigation Practitioner of the Year: FERDINANDO EMANUELE (CLEARY GOTTLIEB STEEN & HAMILTON) Applauded for his distinctive courtroom skills, he acted to defend Vivendi’s interests in the high-profile chal- lenge launched by activist fund Elliott in its bid to acquire Telecom Italia (Tim). In an unprecedented decision, the Court ruled in favour of Vivendi’s right to call for the re-election of Tim’s board of directors. 23 • TOPLEGAL AWARDS – SPECIAL EDITION April 2019
Bird & Bird, Public Law Litigation Law Firm of the Year Giorgio Fraccastoro (Fraccastoro), Public Law Litigation Lawyer of the Year Public Law Litigation Team of the Year: BIRD & BIRD Successfully defended Telecom Italia in the proceedings brought by broadband rival Open Fiber in relation to the Flash Fibre infrastructure development project for broadband networks. Public Law Litigation Practitioner of the Year GIORGIO FRACCASTORO (FRACCASTORO) Successfully acted for the Sardinian medical centre, Polo Sanitario Sardegna Centrale, at the Council of State (CdS) in proceedings that overturned a previous decision to cancel a project financing agreement. Valued at over €1 billion, the project financing involved the construction and management of four hospital facilities. 24 • TOPLEGAL AWARDS – SPECIAL EDITION April 2019
Giuseppe Zizzo (Zizzo), Cassation Lawyer of the Year Andrea Saccucci (Saccucci), International Litigation Lawyer of the Year Cassation Practitioner of the Year GIUSEPPE ZIZZO Acclaimed for his work in tax law, he successfully defended a telecoms company on its entry into the Italian mark against the Italian revenue authorities. International Litigation Practitioner of the Year ANDREA SACCUCCI (SACCUCCI) Won an historic decision European Court of Human Rights (ECHR) on behalf of the owners of an extensive residential complex on the Vlora seafront that had been demolished by the Albanian authorities. The Court upheld the appeal for infringement of ownership, the right to housing, and the right to legal protection, and condemned the Albanian authorities to pay compensation totalling over €13 million. The amount was the largest ever paid by Albania for a case brought before the ECHR. 25 • TOPLEGAL AWARDS – SPECIAL EDITION April 2019
EMPLOYMENT Team: BonelliErede EMPLOYMENT Practitioner: Franco Toffoletto (Toffoletto De Luca Tamajo) Team: LabLaw EMPLOYMENT LITIGATION Practitioner: Annalisa Reale (Chiomenti) Team: Toffoletto De Luca Tamajo TRADE UNIONS & PENSIONS Practitioner: Francesco Rotondi (LabLaw) Team: Legance INDUSTRIAL RELATIONS Practitioner: Cristina Capitanio (Gianni Origoni Grippo Cappelli) 26 • TOPLEGAL AWARDS – SPECIAL EDITION April 2019
BonelliErede, Employment Law Firm of the Year Franco Toffoletto (Toffoletto De Luca Tamajo), Employment Lawyer of the Year Employment Team of the Year BONELLIEREDE Handled a highly complex case involving Unicredit and Assicurazioni Generali on new regulations concer- ning remuneration, incentives and individual contracts. The mandate has become a case study for employ- ment law in the banking sector. Employment Practitioner of the Year FRANCO TOFFOLETTO (TOFFOLETTO DE LUCA TAMAJO) Designed a new platform for HR departments and clients to create customized employment contracts in real time during interviews. 27 • TOPLEGAL AWARDS – SPECIAL EDITION April 2019
LabLaw, Employment Litigation Law Firm of the Year Annalisa Reale (Chiomenti), Employment Litigation Lawyer of the Year Employment Litigation Team of the Year LABLAW Defended temp staffing firm Adecco in a complex dispute, the first of its kind, concerning the legitimacy of a unilateral option in favour of the employer to apply the non-compete agreement signed by an employee. The team overturned an original judgement in the Italian Supreme Court, setting a new legal precedent. Employment Litigation Practitioner ANNALISA REALE (CHIOMENTI) Flanked Etihad Airways in a dispute involving issues of jurisdiction and the applicability of national law relating to an employment contract and its termination in the United Arab Emirates. The appellant lost his appeal to invoke the application of Italian law and claim damages against Etihad. 28 • TOPLEGAL AWARDS – SPECIAL EDITION April 2019
Toffoletto De Luca Tamajo, Trade Unions & Pensions Lawyer of the Year Francesco Rotondi (LabLaw), Trade Unions & Pensions Lawyer of the Year Trade Unions & Pensions Team of the Year TOFFOLETTO DE LUCA TAMAJO Assisted Autogrill, an Italian-based multinational catering company, in relation to a “Cross-generational deal” that involved about 500 workers throughout the country. The case was resolved by allowing those workers close to retirement to access funds from the company, a measure shared by and adopted with the full consent of the trade union. Trade Unions & Pensions Practitioner of the Year FRANCESCO ROTONDI (LABLAW) Headed negotiations with the trade union for Italiaonline, a digital communications and marketing company, at the Ministry of Labour. An agreement was reached following a four-month long strike by workers to ratify a collective dismissal procedure involving 400 redundancies. 29 • TOPLEGAL AWARDS – SPECIAL EDITION April 2019
Legance, Industrial Relations Law Firm of the Year Cristina Capitanio (Gianni Origoni Grippo Cappelli) Industrial Relations Lawyer of the Year Industrial Relations Practitioner of the Year LEGANCE The team advised commissioners at Italian steel company Ilva in relation to its extraordinary administration procedure and acquisition by ArcelorMittal. Ilva, which has Europe’s largest steel output and over 10,000 employees, has been shrouded in controversy and political tensions over its fate. Industrial Relations Practitioner of the Year CRISTINA CAPITANIO (GIANNI ORIGONI GRIPPO CAPPELLI) Assisted ArcelorMittal on the employment aspects of its €1.8 billion acquisition of Italian steel company Ilva, currently in extraordinary administration. The acquisition involved numerous stakeholders including the Ministry for Economic Development and the Ministry of the Environment. 30 • TOPLEGAL AWARDS – SPECIAL EDITION April 2019
INTELLECTUAL PROPERTY Team: Trevisan & Cuonzo PATENT LITIGATION Practitioner: Stefania Bergia (Simmons & Simmons) Team: Orsingher Ortu TRADEMARKS AND COPYRIGHT Practitioner: Massimiliano Mostardini (Bird & Bird) 31 • TOPLEGAL AWARDS – SPECIAL EDITION April 2019
Trevisan & Cuonzo, Patent Litigation Law Firm of the Year Stefania Bergia (Simmons & Simmons), Patent Litigation Industrial Relations Lawyer of the Year Patent Litigation Team of the Year TREVISAN & CUONZO Won a significant ruling for Boehringer which clarified the rules governing the activities of active pharma- ceutical ingredient manufacturers in Italy. With a ground-breaking decision, the Milan Court found Teva and its affiliate company Sicor liable for patent infringement in a case concerning Boehringer Ingelheim’s exclusive rights on the active pharmaceutical ingredient. Patent Litigation Practitioner of the Year STEFANIA BERGIA (SIMMONS & SIMMONS) Won a victory for Sulbana, a Swiss company that manufactures food and hygiene equipment, on the loss of confidential technical know-how. 32 • TOPLEGAL AWARDS – SPECIAL EDITION April 2019
Orsingher Ortu, Trademarks and Copyright Law Firm of the Year Massimiliano Mostardini (Bird & Bird), Trademarks and Copyright Lawyer of the Year Trademarks and Copyright Team of the Year ORSINGHER ORTU Praised for its track record in protecting the worldwide management of brand portfolios, the team succes- sfully assisted Ferrari against counterfeiting activities by manufacturers of scale model cars. Trademarks and Copyright Practitioner of the Year MASSIMILIANO MOSTARDINI (BIRD & BIRD) Advised and litigated for Nestlé in relation to trademark infringements to the Nespresso and Nescafé Dolce Gusto brands. 33 • TOPLEGAL AWARDS – SPECIAL EDITION April 2019
CRIMINAL COMMERCIAL CRIMINAL COMMERCIAL: Team: De Castiglione Guaineri ENVIRONMENT Practitioner: Massimo Dinoia (Dinoia Federico Pelanda Uslenghi) CRIMINAL COMMERCIAL: Team: Cagnola FINANCE Practitioner: Giorgio Perroni (Perroni) CRIMINAL COMMERCIAL: Practitioner: Giorgio Perroni (Perroni) PUBLIC ADMINISTRATION CRIMINAL COMMERCIAL: Team: BonelliErede CORPORATE Practitioner: Giuseppe Fornari (Fornari) CRIMINAL COMMERCIAL: Team: Diodà TAX Practitioner: Roberto Pisano (Pisano) 34 • TOPLEGAL AWARDS – SPECIAL EDITION April 2019
Risk of criminal offence in connection with the international circulation of works of art and culture Avv. Francesco Isolabella, Avv. Nicola Pietrantoni T he international circulation of works of art and cul- ture, as provided and regulated by Law (D. Lgs.) 42/2004, is undoubtedly an issue of significant, current under €13,500” (art. 65, par. 4). Competent authorities, in these cases, request from the interested party a decla- ration, pursuant to art. 47 of Presidential Decree (DPR) and evolving relevance. As a matter of fact, the Italian 445/2000, that the works “… fall within the cases in which Council of Ministers during its session of 28/2/2019, authorisation is not requested” (art. 65, par. 4-bis). resolved on yet another intervention on applicable laws Having received the declaration, the export office and regulations to “improve the effectiveness, transpa- may prevent the circulation of the work only if it con- rency and efficiency of the control function over the cir- siders that such work displays “an exceptional artistic, culation at a national and international level of works of historic, archaeological or ethnic/anthropological interest art and culture”. Of particular significance, the criminal for the integrity and fullness of the cultural heritage of the consequences that may affect not only Italian and foreign Nation” (art. 10, par. 3, letter d-bis). If on the one hand the sector operators (auction houses, art galleries, museums, so-called “self-certification” mechanism eases the export private collectors), but also any physical or legal person procedure, on the other it risks amplifying implications – including foreign – who owns or is a potential buyer of a criminal nature. For example, the untruthfulness of a of a work that has artistic or cultural interest. In a growin- statement on the ownership of the work, its financial va- gly global market, in which on a daily basis, commercial lue, the date of its creation, and the inevitable consequen- transactions are closed also having as object works of art ces not only in terms of false statement to a public officer of a substantial financial value, the transfer of such wor- (art. 495 of the Criminal Code), but also receiving of sto- ks in EU countries and outside of the EU represents one len goods (art. 648 of the Criminal Code), money launde- of the most problematic and regulated issues, both at a ring (art. 648-bis of the Criminal Code) and self-money national and EU level. Italian laws and regulations on the laundering (art. 648-ter of the Criminal Code), which matter, aimed at fighting the unlawful trafficking of cultu- may involve several subjects. The current regulatory ral heritage and at protecting the integrity of the national framework, as anticipated, is rapidly and continuously artistic heritage, provides bans and limitations to circula- evolving. It is useful to remember that the Chamber, in tion outside of Italy, on the basis of the characteristics of its session of 22/6/2017, approved a wording (not yet the individual works. In general, for the export of assets discussed in the Senate) that provided, among other no- having cultural interest, an authorisation for definitive velties, a worsening of punishments for criminal offences (art. 68) or temporary (art. 71) free circulation must be against cultural heritage, and the inclusion of such cri- obtained from the local Soprintendenza (art authority). minal offences in the catalogue of so-called “underlying In the absence of this, there could be a criminal case of offences” pursuant to Law (D. Lgs.) 231/2001 (“admini- “unlawful exit and export”, with seizure of the work and strative liability of legal persons”). If this stance were to interdiction for the sentenced perpetrator (art. 174). translate into law, it would demand that companies set The latest legislative action of 2017, aimed at easing – up an internal organisation and management model sui- and thus favouring – the export and commercial exchan- table for the prevention of specific criminal offence risks ge of specific categories of works (in particular, modern – especially foreign companies present in Italy and with and contemporary artworks), allowed for the departure high frequency of cross-border activities. from Italy, without authorisation from the Ministry, of “works of painting, sculpture, graphics or any object of a Finalist Criminal Commercial living author or whose realisation is not older than seven- ty years” and of “things that hold cultural interest, are the Studio Legale Associato Isolabella work of an author who is no longer living and whose rea- Via Fontana n.4, 20122 Milano T: 02/5992101 - F: 02/55181791 lisation occurred before seventy years ago, whose value is segreteria@studioisolabella.it - www.studioisolabella.com 35 • TOPLEGAL AWARDS – SPECIAL EDITION April 2019
De Castiglione Guaineri, Criminal Commercial Environment Law Firm of the Year Massimo Dinoia (Dfs), Criminal Commercial Environment Lawyer of the Year Criminal Commercial, Environment Team of the Year DE CASTIGLIONE GUAINERI Secured the definitive acquittal at the Supreme Court of the former CEO of Italian energy giant Enel, accused of environmental disaster in relation to the operations of Italy’s largest thermo-electric power plant. Criminal Commercial, Environment Practitioner of the Year MASSIMO DINOIA (DFS) Defended the former CEO of Solvay’s Italian operations accused of contaminating waters in the Italian town of Alessandria following a chromium emergency. The judgement limited the criminal responsibility of the client leading to his full acquittal. 36 • TOPLEGAL AWARDS – SPECIAL EDITION April 2019
Cagnola, Criminal Commercial Finance Law Firm of the Year Giorgio Perroni (Perroni), Criminal Commercial Finance Lawyer of the Year Criminal Commercial, Finance Team of the Year CAGNOLA Successfully defended the CEO of Savio Macchine Tessili, which manufactures automatic winders, in an alle- ged case of fraud against the Italian State bought by the Public Prosecutor at the appellate court. Criminal Commercial, Finance Practitioner of the Year GIORGIO PERRONI (PERRONI) Represented the former director general of Italian bank Banca Popolare di Milano, Enzo Chiesa, in relation to charges of aggravated fraud issuing from a bond issue placed by the bank. The case was thrown out by the Court of Milan. 37 • TOPLEGAL AWARDS – SPECIAL EDITION April 2019
The Perroni e Associati law firm, whose founding members are Giorgio Perroni and Elisabetta Busuito, has offices in Milan and Rome. Thanks to the experience acquired over many years, the firm offers a wide range of legal services in the main criminal law areas, both in court and out-of-court, guaranteeing clients top quality, timely, reliable professional assistance. The law firm now comprises ten professionals, who are all specialized in various sectors of criminal law. Moreover, through both its Rome and Milan offices and thanks to its wide network of professional contacts with other leading law firms all over Italy and abroad, it offers clients comprehensive legal counsel, also within the EU and interna- tional framework. Our law firm is highly specialized in the field of white-collar crimes. Thanks to the consolidated experience, expertise and sensitivity of its founding partners, combined with the first-rate work of its seasoned professionals, the law firm provides high quality, timely and efficient legal assistance in criminal proceedings, in particular as regards: - Corporate crimes - Medical liability - Bankruptcy and insolvency crimes - Crimes against the public administration - Workplace safety and health crimes - Crimes against the delivery of justice - Brokerage crimes - Environmental and planning crimes - Tax crimes - Crimes concerning honour, privacy and reputation - Banking crimes (defamation in print or other mass communication media) - Crimes against property - Crimes in the field of public procurement and privatized - Crimes against public faith public enterprises - Computer crimes - Crimes against the person (murder, bodily injuries, stalking) - Administrative liability of legal entities Besides providing in-court assistance and defence, the law firm offers out-of-court advice in the form of consultancy on countless aspects of business activity involving possible offences, also in terms of drafting, maintaining and updating of the appropriate Organisation and Management Models, in accordance with Legislative Decree 231 dated 8 June, 2001 on the administrative liability of legal entities and companies. In recent years, the firm has continued to achieve important professional success on very delicate, complex issues, both from a strictly legal point of view but also as regards the reputation of the subjects involved (with all the ensuing problems linked to the media coverage of the trials). Circonvallazione Clodia, 29 Corso di Porta Vittoria, 46 segreteriaroma@perronieassociati.it 00195 ROMA, Italia 20122 MILANO, Italia segreteriamilano@perronieassociati.it +39 06 68392041 +39 02 5456105 amministrazione@perronieassociati.it fax +39 06 68308091 fax +39 38 • TOPLEGAL AWARDS – SPECIAL 02 55199809 EDITION April 2019 www.perronieassociati.it
Giorgio Perroni (Perroni), Criminal Commercial Public Administration Lawyer of the Year BonelliErede, Criminal Commercial Corporate Law Firm of the Year Criminal Commercial, Public Administration Practitioner of the Year GIORGIO PERRONI (PERRONI) Defended Susanna Masi, a former EY tax expert employed as advisor to Finance Minister Pier Carlo Padoan, who was accused of passing on details of confidential discussions and impending tax planning decisions of interest to the accountants’ corporate clients. Masi was also suspected of seeking to sway discussions in the ministry in line with the interests of EY clients, in return for payments totalling €220,000 between 2013 and 2015. The allegations were found to be unfounded and the case against Masi was dismissed. Criminal Commercial, Corporate Team of the Year BONELLIEREDE Successfully defended Nuova Banca delle Marche, the good bank created from the insolvency of Banca delle Marche, in a criminal case brought against two of the bank’s former clients accused of corruption between private parties along with the Banca delle Marche’s former general manager. 39 • TOPLEGAL AWARDS – SPECIAL EDITION April 2019
Giuseppe Fornari (Fornari), Criminal Commercial Corporate Lawyer of the Year Diodà, Criminal Commercial Tax Law Firm of the Year Criminal Commercial, Corporate Practitioner of the Year GIUSEPPE FORNARI (FORNARI) Represented the CEO of failed online directory and internet company Seat Pagine Gialle in an alleged case of fraudulent bankruptcy leading to the annulment of a ban on the client from holding any further managerial positions. Criminal Commercial, Tax Team of the Year DIODÀ The team successfully defended a major Italian group on a transfer pricing case in which it was alleged that the client had fraudulently benefited from the application of foreign taxation rules. 40 • TOPLEGAL AWARDS – SPECIAL EDITION April 2019
Roberto Pisano (Pisano), Criminal Commercial Tax Lawyer of the Year Criminal Commercial, Tax Practitioner of the Year: ROBERTO PISANO (PISANO) Reversed a first-instance conviction for Marco Giorgi, CEO of Aion Renewables, an Italian listed manu- facturer of photovoltaic systems, in a trial relating to VAT fraud. 42 • TOPLEGAL AWARDS – SPECIAL EDITION April 2019
PUBLIC SECTOR PUBLIC LAW: Team: Lipani Catricalà PUBLIC ADMINISTRATION Practitioner: Anna Romano (Satta Romano) PUBLIC LAW: Team: Legance STATE-OWNED ENTERPRISES Practitioner: Damiano Lipani (Lipani Catricalà) PUBLIC FINANCE Practitioner: Marco Cerritelli (McDermott Will & Emery) Team: Ristuccia & Tufarelli PUBLIC PROCUREMENT & PPP Practitioner: Francesco Sciaudone (Grimaldi) Team: Lombardi Segni HEALTH & WELFARE Practitioner: Paolo De Carlo (R&p Legal) 43 • TOPLEGAL AWARDS – SPECIAL EDITION April 2019
Lipani Catricalà, Public Law Public Administration Law Firm of the Year The Satta Romano team collect the award for Public Law Public Administration Lawyer of the Year Public Law, Public Administration Team of the Year LIPANI CATRICALÀ Advised the newly-launched National Railway Safety Agency on developing its operating model, technical regulation of the railway sector, as well as certification and supervision. Public Law, Public Administration Practitioner of the Year ANNA ROMANO (SATTA ROMANO) Acted as consultant to the ministry for economic development in relation to an international arbitration involving the protections of a foreign investor under the Energy Charter Treaty. 44 • TOPLEGAL AWARDS – SPECIAL EDITION April 2019
Legance, Public Law State-owned Enterprises Law Firm of the Year Damiano Lipani (Lipani Catricalà), Public Law State-owned Enterprises Lawyer of the Year Public Law, State-owned Enterprises Team of the Year: LEGANCE The team assisted airport operator, Aeroporti di Puglia, on State Aid rules in relation to the extension of a runway. Public Law, State-owned Enterprises Practitioner of the Year DAMIANO LIPANI (LIPANI CATRICALÀ) Advised electricity utility A2A on the construction of a purification plant that avoided EU infringement proceedings. 45 • TOPLEGAL AWARDS – SPECIAL EDITION April 2019
Marco Cerritelli (McDermott Will & Emery), Public Finance Lawyer of the Year Ristuccia & Tufarelli, Public Procurement & PPP Law Firm of the Year Public Finance (Practitioner) MARCO CERRITELLI (MCDERMOTT WILL & EMERY) Advised public bank Istituto per il Credito Sportivo, set up to promote sport and culture in Italy, on the innovative financing deal for the Cortina 2021 public foundation. The deal related to the investment pro- gramme for the 2021 FIS Alpine World Ski Championships to be held in Cortina. Public Procurement & PPP Team of the Year RISTUCCIA & TUFARELLI Assisted broadband company Fastweb on its tender for fixed-line telephony services for the Italian public administration. The tender involved a four-year agreement worth €925 million and saw the firm successful- ly defend their client in court for the appeal mounted by former incumbent Telecom Italia. 46 • TOPLEGAL AWARDS – SPECIAL EDITION April 2019
A NICHE LAW FIRM SINCE 1954 Public procurement Telecommunications Banking Corporate Litigation and public law and IT Law and finance law RISTUCCIA & TUFARELLI LAW FIRM ROME MILAN PH. +39 06 321 53 19 - FAX +39 06 321 52 83 DISCOVER PIAZZA CAVOUR, 17 VIA MONTENAPOLEONE, 20 EMAIL: RISTUF@RISTUF.IT MORE 47 • TOPLEGAL AWARDS – SPECIAL EDITION April 2019 ABOUT US 00193 ROME - ITALY 20121 MILAN - ITALY PEC: RISTUF@PEC.RISTUF.IT
The Grimaldi team collect the award for Public Procurement & PPP Lawyer of the Year Lombardi Segni, Health & Welfare Law Firm of the Year Public Procurement & PPP Practitioner of the Year FRANCESCO SCIAUDONE (GRIMALDI) Acknowledged for his representation of Consip, the public procurement operator owned by the Ministry of the Economy and Finance (MEF), relating to public procurement cases before the regional administra- tive court (TAR). Health & Welfare Team of the Year LOMBARDI SEGNI Advised the San Raffaele Hospital near Milan on its agreement with the Telethon Foundation, the leading Italian charity organization that invests in research on rare genetic diseases, to create the Sr-Tiget Institute, a joint-venture to develop pre-clinical and clinical research on incurable genetic diseases. 48 • TOPLEGAL AWARDS – SPECIAL EDITION April 2019
Paolo De Carlo (R&P Legal), Health & Welfare Lawyer of the Year Health & Welfare Practitioner of the Year PAOLO DE CARLO (R&P LEGAL) Advised Materias, an early stage combined accelerator for innovative materials-based start-ups, on its agreements with universities and research centres, both in Italy and abroad. 49 • TOPLEGAL AWARDS – SPECIAL EDITION April 2019
REGULATORY Team: Gianni Origoni Grippo Cappelli ANTITRUST Practitioner: Marco D’Ostuni (Cleary Gottlieb Steen & Hamilton) Team: Freshfields Bruckhaus Deringer AUTHORITIES: LITIGATION Practitioner: Fabio Cintioli (Cintioli) Team: Macchi di Cellere Gangemi REGULATORY Practitioner: Romeo Battigaglia (Simmons & Simmons) 50 • TOPLEGAL AWARDS – SPECIAL EDITION April 2019
Gianni Origoni Grippo Cappelli, Antitrust Law Firm of the Year Marco D’Ostuni (Cleary Gottlieb Steen & Hamilton, left), Antitrust Lawyer of the Year Antitrust Team of the Year GIANNI ORIGONI GRIPPO CAPPELLI Successfully defended multinational oil and gas company ENI in case brought by Alitalia following an inve- stigation by the Italian competition authority (AGMC). The investigation centred on an alleged agreement restricting the supply of aviation fuel by six energy companies in the Italian market. Antitrust Practitioner of the Year MARCO D’OSTUNI (CLEARY GOTTLIEB STEEN & HAMILTON) Represented Sky Italia in the confirmation of the earlier suspension of MediaPro Italia’s sale of Serie A football audio-visual rights. The dispute concerned the competitive procedure for the assignment of tele- vision rights related to top flight Italian league football. 51 • TOPLEGAL AWARDS – SPECIAL EDITION April 2019
Freshfields Bruckhaus Deringer, Authorities Litigation Law Firm of the Year The team from Cintioli collect the Authorities Litigation Lawyer of the Year Award Authorities Litigation Team of the Year FRESHFIELDS BRUCKHAUS DERINGER Assisted steelmaker Acciai Speciali Terni with a judicial proceeding before the regional court (TAR) of Milan regarding the annulment of the Italian Energy Authority’s resolution concerning incentives to ener- gy-intensive users. Authorities, Litigation Practitioner of the Year FABIO CINTIOLI (CINTIOLI) Successfully represented Vodafone in a dispute against incumbent Telecom Italia which annulled a resolu- tion by the communication authority (Agcom) in relation to the promotion of repeat offers for consumers. 52 • TOPLEGAL AWARDS – SPECIAL EDITION April 2019
Macchi di Cellere Gangemi, Regulatory Law Firm of the Year Romeo Battigaglia (Simmons and Simmons, far right), Regulatory Lawyer of the Year Regulatory Team of the Year: MACCHI DI CELLERE GANGEMI Assisted Spanish energy company Iberdrola on its access to the liberalised Italian energy and gas market, advising the client on unfair competition, privacy, antitrust, and consumer law matters. Regulatory Practitioner of the Year ROMEO BATTIGAGLIA (SIMMONS & SIMMONS) Assisted Blackstone in obtaining one of the first authorisations to do direct lending in Italy, granted by the Bank of Italy to a foreign alternative investment fund. 53 • TOPLEGAL AWARDS – SPECIAL EDITION April 2019
TAX Team: BonelliErede TAX Practitioner: Giuseppe Andrea Giannantonio (Chiomenti) Team: Maisto TAX: LITIGATION Practitioner: Pietro Piccone Ferrarotti (Ludovici Piccone) 54 • TOPLEGAL AWARDS – SPECIAL EDITION April 2019
BonelliErede, Tax Law Firm of the Year Giuseppe Andrea Giannantonio (Chiomenti), Tax Lawyer of the Year Tax Team of the Year BONELLIEREDE Advised listed French company Foncière des Régions and its Italian subsidiary Beni Stabili Siiq, on the tax aspects of their business integration. The deal is the first acquisition of an Italian real estate investment trust merger by a tax non-resident company. Tax: Practitioner of the Year: GIUSEPPE ANDREA GIANNANTONIO (CHIOMENTI) Advised French private equity firm Ardian on the conversion of a real estate investment fund into a incorporated investment fund (Sicaf). The new fund, providing the investment platform for Ardian in Italy, set a market precedent for Italian tax rules. 55 • TOPLEGAL AWARDS – SPECIAL EDITION April 2019
Maisto, Tax Litigation Law Firm of the Year Pietro Piccone Ferrarotti (Ludovici Piccone), Tax Litigation Lawyer of the Year Tax: Practitioner of the Year MAISTO Represented Amazon which settled a tax dispute with the Italian authorities by paying €100 million. The Italian tax authorities had pursued a criminal investigation into whether the e-commerce giant evaded tax in Italy for four years between 2011 and 2015. Tax, Litigation Practitioner of the Year: PIETRO PICCONE FERRAROTTI (LUDOVICI PICCONE) Represented four Italian subsidiaries of a multinational in relation to an investigation into an alleged multi-year transfer pricing violation. 56 • TOPLEGAL AWARDS – SPECIAL EDITION April 2019
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