Macchi di Cellere Gangemi

(The following information was supplied by the firm)

Firm Overview:
Macchi di Cellere Gangemi is a leading independent law firm established in 1986 which provides first class legal services and assistance to multinational groups, major companies and public institutions. With over 80 professionals involved in 23 team-oriented, fully-integrated practice areas, it offers a client-based approach that focuses on efficiency and flexibility. Apart from a solid academic background, the firm’s professionals have the necessary skills to address the clients’ complex legal issues by adopting a practical interdisciplinary approach. Thanks to its European presence – through offices in London and Paris and its China Desk team for cross border investments – and an established contact network with other first-tier foreign law firms, it is able to advise on multi-jurisdictional matters in connection with clients’ business activities in Italy and abroad. Active also in Pro Bono advocacy, and having received prestigious awards, it is committed to expanding its areas of expertise which include corporate, dispute resolution, energy and tax.

Managing Partner: Claudio Visco
Number of partners: 20
Number of lawyers: 63
Languages: English, French, German, Italian, Spanish

Main Areas of Practice:

Antitrust & Competition:
1 partner
Contacts: Stefano Macchi di Cellere, Salvatore Lamarca
Emails: s.macchi@macchi-gangemi.com, s.lamarca@macchi-gangemi.com

Automotive & e-Mobility:
3 partners
Contacts: Enrico Storari
Emails:  e.storari@macchi-gangemi.com

Banking, Finance & Debt Restructuring:
5 partners
Contacts: Claudio Visco, Silvia Dell’Atti
Emails: c.visco@macchi-gangemi.com, s.dellatti@macchi-gangemi.com

Corporate/M&A:
10 partners
Contacts: Luigi Macchi di Cellere, Ernesto Pucci
Emails: l.macchi@macchi-gangemi.com, e.pucci@macchi-gangemi.com

Energy/Environment/Regulatory:
5 partners
Contacts: Claudio Visco, Francesca Bogoni, Marco Sella
Emails: c.visco@macchi-gangemi.com, f.bogoni@macchi-gangemi.com, m.sella@macchi-gangemi.com

Insolvency & Corporate Reorganisations:
5 partners
Contact: Silvia Lazzeretti
Emails: s.lazzeretti@macchi-gangemi.com

Labour & Social Security:
2 partners
Contacts: Marco Lanzani
Emails: m.lanzani@macchi-gangemi.com

Litigation & Arbitration:
10 partners
Contacts: Silvia Lazzeretti, Claudio Visco
Emails: s.lazzeretti@macchi-gangemi.com, c.visco@macchi-gangemi.com

Public Law & Procurement:
2 partners
Contact: Francesco Angelini
Emails: f.angelini@macchi-gangemi.com

Tax:
3 partners
Contacts: Bruno Gangemi, Arnaldo Salvatore
Emails: b.gangemi@macchi-gangemi.com, a.salvatore@macchi-gangemi.com

We believe, as business lawyers, that it is our professional duty and ethical responsibility to act also for the most vulnerable and disregarded individuals in our society. Therefore we have developed a flourishing Pro Bono practice, whose focus is to provide free legal advice and assistance to those in need, in favour of non-profit organisations, social cooperatives and communities promoting the public good that are not always able to afford the direct costs for the required legal assistance.
To date, our Pro Bono work consisted of legal assistance and advice offered in specific cases to or through organisations such as, Save the Children, Tide Global Learning, Antigone, DO&MA, CILD

Key Contacts

Managing Partner:

Claudio Visco
c.visco@macchi-gangemi.com

Firm Rankings

Banking & Finance: Litigation
Band 3

7.0

Corporate/M&A
Band 3

6.0

Dispute Resolution
Band 4

4.0

Energy
Band 3

6.0

Labour & Employment
Band 3

6.0

Projects
Band 3

7.0

Tax
Band 2

8.0

Lawyer Rankings

Articles

Attention to What (And How) You Donate

LETTER TO SANTA CLAUS. ATTENTION TO WHAT (AND HOW) YOU DONATE. As is well known, donations are considered as “anticipated testamentary wills” and, as such, they are provided for in the second book of the Italian Civil Code, whose object is the inheritance. Donations, exactly as any other testamentary will, can violate the rights of […]

Corporate Sustainability Reporting Directive formally adopted by the EU Council

SOCIAL CORPORATE RESPONSIBILITY: THE NEW DIRECTIVE EXPANDS THE NUMBER OF COMPANIES SUBJECTED TO THE SUSTAINABILITY REPORTING FRAMEWORK AND INCREASES THE NON-FINANCIAL REQUIREMENTS. On 28 November 2022, the Corporate Sustainability Reporting Directive (“CSRD Directive“) was formally adopted by the EU Council. The regulatory act, waiting to be published in the EU Official Journal, facilitates the transition […]

Challenge of Rulings by the Defaulting Party…

CHALLENGE OF RULINGS BY THE DEFAULTING PARTY: THE SHORT-TERM TIME LIMIT FOR CHALLENGING The rule is simple: the defaulting party’s time limit for challenging a ruling shall runs from the moment when it has knowledge of the adverse ruling. The rule applies both to ordinary civil proceedings (art. 163 and ff. of the Italian Code […]

Juventus Football Club Scores Landmark Win…

JUVENTUS FC SCORES LANDMARK WIN FOR A TM INFRINGEMENT CASE IN THE METAVERSE.   By order issued on July 20th, 2022, the Court of Rome has granted an injunction against Blockeras S.r.l. (“Blockeras”) the creator of NFTs portraying images of a football player, reproducing without authorization the registered trademarks owned by Italian football team Juventus […]

New Rules Concerning Automotive Distribution: What’s New Under the Sun?

Last summer, a couple of months after the entry into force of the European Commission Regulation (EU) 2022/720 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to categories of vertical agreements and concerted practices, the Italian Parliament enacted an important provision on automotive distribution. Pursuant to Italian […]

$391.5 Million Fine for Google…

$391.5 MILLION FINE FOR GOOGLE: VIOLATED USERS’ PRIVACY AND PROFILED THEM, MISLEADING THEM ON GEOLOCATION POINT. The world’s most widely used search engine misled users into thinking that by turning off location tracking – disabling the feature in their account settings – users would no longer be geolocated. After four years of investigation, the New […]

New Proposal to Reform Data Protection in the UK

THE NEW PROPOSAL TO REFORM DATA PROTECTION AND PRIVACY REGULATIONS IN THE UNITED KINGDOM.   On 18th July 2022, the Data Protection and Digital Information Bill (Bill 143 2022-23) was introduced in the British House of Commons. If enacted, this new bill would amend the current rules on data protection and privacy in the United […]

EU Court on Jurisdiction Concerning Trademark Invalidity Counterclaims

By means of a recent decision of October 13th, 2022, the Court of Justice of the European Union (CJEU) has answered the question on whether an EU trademark court hearing an action for infringement based on an EU trademark – the validity of which is challenged by means of a counterclaim for a declaration of […]

Paywalls: Legitimate?

The decision of many news online editors to prevent access to their websites without subscribing or accepting cookies for advertising purposes is causing discussion and has once again brought to the attention of the Privacy Guarantor, so called Garante, the legitimacy of this type of tool (so-called Paywall). But what does the legislation provide for […]

Reduction of Share Capital to Partially Cover Losses of More Than a Third, A New Perspective?

With Recommendation no. 204 of July 5th, 2022, the Milan Notarial Council intervenes on the interpretation of the measures that can be implemented in the case of occurrence of losses exceeding one third of the share capital of S.p.A. (Società per Azioni) and S.r.l. (Società a responsabilità limitata), without affecting the legal minimum. In these […]

The Witness Evidence: A New Kind of Evidence in Tax Trials

One of the most important innovations brought by the law reforming the tax trials (Law no. 130 of 31 August 2022) is the possibility for the parties to request, upon certain conditions, witness evidence. This is an absolute novelty since the old paragraph 4 of Article 7 of Legislative Decree 546/1992 (and before that the […]

REFORM OF THE ITALIAN CIVIL PROCESS: WHERE DO WE STAND?

On 2 August 2022, the (outgoing) Government submitted to Parliament the draft legislative decree that should implement the reform of the civil process in accordance with the Enabling Law No. 206/2021. As known, the Enabling Law came into force on 24 December 2021 and the next Government must implement it within the year, i.e. by […]

THE NEW VOLUNTARY SETTLEMENT OF TAX LITIGATION PROCEEDINGS PENDING BEFORE THE COURT OF CASSATION.

Within the framework of the significant recently enacted changes concerning the judicial tax system, it has been introduced the possibility to settle tax disputes pending before the Court of Cassation as of 15 July 2022 and those disputes for which the appeal to the Court of Cassation has been notified by 16 September 2022.  Law […]

Cross Border Distribution of Units or Shares of Collective Investment Undertakings. Recent Amendments to the Issuers’ Regulation.

s a result of the consultation procedure and in implementation of the so-called CBDF Package (Cross-border fund distribution package, i.e. the Directive (EU) 2019/1160 and Regulation (EU) 2019/1156) on the cross-border distribution of units or shares of collective investment undertakings (UCIs), through Resolution No. 22437 of 6 September 2022, Consob has amended the Issuers’ Regulation (Consob Resolution No. 11971 of 14 […]

A Solution to High Electricity Prices. The Power Purchase Agreement (PPA)

PPAs are medium-to long-term contracts that allow electricity prices to be fixed and which guarantee the investor conditions of financial stability to proceed with the investment. Looking ahead, they can be a solution to high prices on the energy market and are an attractive instrument when they are used to buy and sell ‘green’ electricity […]

Google Analytics: Illegitimate or The Perspectives of Version 4.0

In recent weeks, the decision of the Italian Privacy Authority (“Garante”) in which the use of Google Analytics (LINK), a tool widely used by many websites, was declared illegitimate, because the data transferred to the US are not anonymous and there are no adequate safeguards within the meaning of Chapter V of the GDPR, has […]

Renewable Energy Legal Focus

INTRODUCTION With the publication of Law Decree no. 17/2022 (converted into Law no. 34 of 27 April 2022) and Law Decree no. 50/2022 (converted into Law no. 91 of 15 of July 2022), improvements were introduced aimed at simplifying the authorization procedures for renewable source plants. The legislative measures concern: Simplified authorization procedure relating to […]

Court of Cassation Affirm That The Defendant’s Failure to Appear in the Court Proceedings Implies Acceptance of the Jurisdiction…

FOREIGN ARBITRATION: THE JOINT SECTIONS OF THE COURT OF CASSATION AFFIRM THAT THE DEFENDANT’S FAILURE TO APPEAR IN THE COURT PROCEEDINGS IMPLIES ACCEPTANCE OF THE JURISDICTION AND OF THE WILL NOT TO AVAIL ITSELF OF THE ARBITRATION CLAUSE. By order no. 17244 of 27th May 2022 the Joint Sections of the Court of Cassation clarified that […]

The Business Crisis and Insolvency Code Finally Entered into Force

As you are probably aware, the Business Crisis and Insolvency Code, codified in Legislative Decree 14/2019, finally entered into force on 15th July. Its entry into force, with the exception of a few provisions, has been postponed several times and the text has been subject to numerous amendments, the last one just a few days […]

Amendments to the Charts for Lawyers’ Fees Liquidation: What’s New Under the Sun?

The document containing a proposal for the modification of the Ministerial Decree n. 55, March 10th, 2014, is under review by the Italian Parliament. The proposal contains several updates to the Decree’s charts on which lawyers’ fees are calculated. The Senate is evaluating a draft which should amend the Ministerial Decree n. 55, March 10th, […]

The Principle of Equivalence in Public Tenders:

THE INTERESTED PARTY HAS THE BURDEN TO PROVE IT AND THE CONTRACTING AUTHORITY HAS THE OBLIGATION TO EVALUATE IT. The Council of State, Section III, with its judgement No. 65 of 7 January 2022, returned once again on the subject and has clarified some important points regarding the application prerequisites and the binding effects on […]

“Negativa Sunt Probanda!” St. Peter’s Dome Hasn’t Collapsed and the Tiber Isn’t Dry!

With its Order No. 35146/2021, the Court of Cassation finally dictated the principle of law according to which “the circumstance that a chapter of evidence by witnesses is formulated in the form of a negative question does not constitute, per se, a cause of inadmissibility of the request for preliminary investigation”. Specifically, the ruling of the […]

Compliance Obligations Related to Video-Surveillance Systems

The design and the installation of a video surveillance system in Italy is often carried out without complying with data protection regulations, thus exposing companies to fines that can amount to several million euros. The most important rules on video surveillance are prescribed in general by the General Data Protection Regulation (EU Regulation 2016/679 or […]

A Record Conviction for a Former Coca Cola Employee for Trade Secrets Theft in the US

On May 9th, 2022, a federal judge in Greeneville, Tennessee, sentenced a Michigan woman, known as Xiarong You, to 168 months in prison, the equivalent of 14 years, for trade secret theft, economic espionage and fraud. The defendant was also ordered to serve three years of supervised release and pay a $200,000 fine. According to […]

Online Incorporation of Limited Liability Companies…

ONLINE INCORPORATION OF LIMITED LIABILITY COMPANIES: TECHNOLOGIES AND NEW OPPORTUNITIES. Legislative Decree No. 183/2021, which implemented EU Directive 2019/1151, introduced significant innovations in the field of corporate law aimed at simplifying certain procedures. One of the most important areas of intervention regards the possibility to incorporate limited liability companies (società a responsabilità limitata – S.r.l.) […]

Taxation of Severance Pay…

TAXATION OF SEVERANCE PAY (T.F.R.): SHOULD THE TAX ADMINISTRATION APPLY THE SEVERABILITY CLAUSE? With regard to the recalculation of the tax due on severance pay liquidated by the employer, the Tax Administration is also required to consider the so-called “severability clause” set forth in Article 1, paragraph 9 of Law No. 296/2006 (2006 Finance Act), which provides […]

Privacy Authority Sanctions Two Companies of the UBER Group…

PRIVACY AUTHORITY SANCTIONS TWO COMPANIES OF THE UBER GROUP FOR MORE THAN EUR 4 MILLION. The Italian Privacy Authority has sanctioned two companies of the Uber Group for around EUR 2 million each. The main violations found were unsuitable disclosures, the processing of data without proper consent, and the failure to notify a data breach. After […]

The Court of Cassation Deal with the “Russian Roulette Clause”…

THE COURT OF CASSATION DEALS WITH THE “RUSSIAN ROULETTE CLAUSE” … AND DOES NOT DECIDE. In a previous newsletter (on 09.04.2021) we had already written about the so called “Russian roulette” clause, which can be provided for in the company by-laws or in a shareholders’ agreement. It is – as already illustrated – a “deadlock-avoiding” […]

SWAPS: “Confusion Between the Object of Content of the Contract”

SWAPS: “CONFUSION BETWEEN THE OBJECT OR CONTENT OF THE CONTRACT, AND THE INFORMATION THE INTERMEDIARY IS REQUIRED TO PROVIDE, PRIOR TO THE CONCLUSION OF THE SWAP”. The Court of Turin disapply and redraw the principles set out by the Joint Divisions on the subject of derivatives. With ruling no. 673/2022, the Court of Turin acknowledges […]

Brexit Update on UK Imports

On 1st January 2022, the UK government began implementing the first set of customs rules for imports of goods coming from the EU. The Public Accounts Committee of the UK Parliament has published a report on the state of implementation of the new customs regime and the likely effects on imports and exports between the […]

Revaluation of Company Assets and Tax Step-up

With Circular letter no. 6/E of March 1, 2022 (hereinafter, the “Circular Letter“), the Italian tax authorities issued clarifications regarding the regulations set out in art. 110 of Law Decree no. 104 of August 14, 2020, implemented, with amendments, by Law no. 126 of October 13, 2020 (the “Decreto Agosto”), whereby was (re)introduced: – a […]

Lots of Ideas, But Not Very Concrete or Ongoing. In Time We will Find Some Solutions.

In recent times, unfortunately, also in light of recent sad international events, there have been various interventions by the legislator in the energy field, which for the time being have resulted in determining an increase of investors’ mistrust in the renewable sector. The latest measure seems to want to restore investors’ confidence, but there is […]

Certified E-Mail Box Full: What Happens Next?

For years the certified e-mail box (PEC – certified electronic email, equivalent of registered mail) has been an essential tool for the lawyer, especially in relation to litigation and the formal service of Courts documents. This occurs not only when the professional finds himself the recipient of communications or notifications from the judicial bodies and […]

Renewable Energy, Legal Focus

INTRODUCTION During the last few months several new measures have been introduced to promote the production of energy from renewable sources. The main innovations concern, among the others: the authorization procedures for: the construction of new plants  the modification of the existing plants The assessment procedures regarding the environmental impacts  the identification of […]

The EU Pushes for the Elimination of Shell Companies at the EU Level

On December 22, the EU Commission presented the proposal for a directive to prevent the misuse of shell companies for tax purposes (Go to Link). The proposal is part of a package of measures that also includes the proposal for a directive on the minimum taxation of multinational companies which transposes the agreement internationally reached on […]

The Italian Consumer Code: here are the changes for 2022

The Italian Legislative Decree n°170/2021 has made important amendments to the Italian Consumer Code not only extending the rules in favour of the Consumer, but also dealing with age-old questions that provoked much debate in both doctrine and case law. Chapter I of the Title III, Part IV of the Code has been completely revised. […]

Virtual currencies: means of payment or financial products?

In a recent judgment, the Supreme Court (Court of Cassation, criminal section, sec. II, November 10th, 2021, no. 44337) has ruled that bitcoins as well as other virtual currencies are not per se classified as financial products however, should the sale of bitcoins integrate an investment proposal, the offeror is subject to specific duties. More in detail […]

How “pulp” are NFTs? The NFT landing in the movie industry: the “Pulp Fiction” case.

On November 16th, 2021, Los Angeles-based entertainment company Miramax has sued Quentin Tarantino before the US District Court for the Central District of California, for his planned sale of NFTs (Non-Fungible Tokens) related to the 1994 movie “Pulp Fiction” associated with high-resolution scans consisting of “a single iconic scene, including personalized audio commentary” along with “a hold […]

The unfair use of closing statements

In the first instance of a dispute or during the appeal, when oral discussion of the evidence of a case is not permitted, the parties are entitled to file closing statements of defence in order to structure and summarise the arguments used in the dispute in the light of all the evidence presented to the […]

Investment services: breach of disclosure obligations.

By judgment No. 24010 of September 6, 2021, concerning damages for breach of information obligations in the provision of investment services, the Court of Cassation clarified some procedural and liability aspects relating to the joint and several liability of financial promoters (“promotori finanziari”) and intermediaries. In particular, with regard to the alleged breach of the […]

Auditors’ liability for activities occurring prior to their taking office.

The liability of the members of corporate bodies is – as is normal – the subject of an extensive and articulated dispute that is often characterized by complex judgments and very technical contents. With regard to auditors, in particular, jurisprudence has examined their profiles in relation to the wide range of tasks attributed to them. […]

The shortage of raw materials: is it a force majeure? How long will it last?

There is no doubt that, for some time now, in several industrial sectors, manufacturers and importers of high-tech goods have faced a shortage of raw materials, with inevitable delays in manufacturing processes and significant impact on the delivery of the finished product. Often, the final customer won’t listen to reason because they were relying on […]

Remote work & inbound execs tax breaks

Remote working – do Italian tax breaks apply to foreign employed executives transferring to Italy? The response of the Revenue Agency. Introduction In the last few years, the Italian government has introduced several measures aimed at attracting international talented and promising individuals to Italy. The objective of these measures is to boost further the appeal […]

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