Activities and Services
1. Coorperate Law
2. M&A
3. HR
4. Industrial- and Copiright Law
5.Real Estate Law
6. Inheritance Law
7. International Law
8. Litigation
1. CORPORATE
We at Bianchi Schierholz & Partners offer consulting services across all areas of business, from the initial set up right through to a wind up where necessary, focusing both on internal relations (e.g. between the governing bodies and with shareholders), and on relations with third parties (companies, bodies, institutions, etc.).
In particular, we provide advice on corporate law issues including:
- Setting up commercial companies, cooperatives and associations;
- Drafting deeds of incorporation, company by-laws and shareholder agreements;
- Identifying the best form of corporate governance for a specific company (Board of Directors, Sole Director, more than one director, CEO, General Manager with or without power of attorney, Senior Managers.....) and monitoring its implementation;
- Developing the organisational, management and control model pursuant to Italian Legislative Decree 231/2001, with the aim of strengthening the company's organization and, wherever possible, of eliminating - or at any rate reducing - the company's risks, its responsibilities and those of its governing bodies and executives.
2. MERGERS AND ACQUISITIONS, AND INTERNATIONAL TRANSACTIONS
Bianchi Schierholz & Partners offers assistance to both Italian and foreign clients in Merger & Acquisition operations. We pride ourselves on having acquired specific expertise in each of the following sectors:
- Financial, tax & legal due diligence;
- Share purchase agreements;
- Transfer deeds;
- Company assessments and shareholdings;
- Antitrust law;
- Mergers, incorporations, demergers and contributions;
- Preparation of prospectuses, takeover bids and related compliance;
- Drafting of business plans for extraordinary transactions;
- National and international tax planning of extraordinary transactions.
3. HUMAN RESOURCES
We advise big, medium and small-sized companies on how to manage employee (senior managers- middle managers-workers) and collaborator relations, as well as worker relations with same.
We offer consulting services in Labour Law matters including:
- Drafting individual and collective employment contracts, with a particular focus on all aspects concerning company-employee relations, as well as advising and explaining the different types of roles, employment contracts (part time, temporary, permanent etc...), and pay grades available, with the aim of finding the best solution possible for the company/employer at any given moment, in the light of existing legislation.
- Managing mergers, integrations, demergers, transfers of businesses, employee down-sizing and collective employee lay-offs, and assisting the company every step of the way in related procedures, whether individual in the case of a single worker, or of groups, as well as relations with unions.
- Assistance in managing expatriates and impatriates.
We at Bianchi Schierholz & Partners provide Health and Safety consulting services within the legal and technical framework (Italian legislative Decree 81/2008 and subsequent amendments and additions):
- Regarding the employer's duties to fulfil obligations, including through documentation, in matters of health and safety in the workplace: risk evaluation; appointment of the Head of the Prevention and Protection Service; drafting of risk evaluation reports; planning and organising appropriate health and safety training; informing, instructing, training consulting workers, managers and others involved on Health and Safety;
- For all fulfilment of the employer's duties with respect to safety measures in the management of tenders, services and procurement relating to hazards caused by other independent workers and/or workers from other companies;
- Consulting services in the adoption and effective implementation of the organisational, management and control model pursuant to Italian Legislative Decree 231/2001, as well as in the correct functioning of the Supervisory Board.
4. INDUSTRIAL AND COPYRIGHT LAW
Consulting services and assistance pertaining to this field, including the appropriate judicial activities, are performed having regard both to traditional methods and to IT and the Internet.
We assist our clients in safeguarding their intellectual property assets, in registering trademarks, patents, designs, and domain names, as well as in finding the right solution to adopt in the event of same being usurped either in Europe or in the emerging markets where most of world production is being carried out.
In particular, our IP department is able to offer its clients assistance and expertise, both in and out of court, in matters relating to:
- Unfair competition, know-how, trade secrets and copyright (likelihood of confusion, disparagement, misappropriation of trade secrets, sales below cost, false advertising, violation of journalistic norms, competitive lying , appropriation of clients);
- Ordinary and precautionary litigations regarding the validity and infringements of distinctive trademarks;
- E-commerce and problems associated with domain management and website and domain name hijacking, drafting of internet-driven contracts;
- Internet and Social Media Law, role and responsibility of internet service providers and associated issues;
- Advertising and related rules, bans and litigation;
- Know-how;
- Customs;
- Intellectual property transfer, licensing and sale contracts;
- Made in Italy;
- Data protection and privacy (legislative decree 196/2003)
- during the different stages of export of products and technology into emerging markets through the protection of intangible assets, even on site, thanks to our international network.
5. REAL ESTATE
We also offer assistance and high quality consulting services in the purchasing, management and sale of real estate (private homes, flats and detached dwellings, offices, industrial premises and their appurtenances, lands).
Bianchi Schierholz & Partners also offers, both in Italy and abroad, a wide range of services including:
- Assessment of a company's organisational and financial structure aimed at real estate investing;
- Legal, fiscal, administrative, urban planning and environmental assessment prior to the carrying out of real estate transactions;
- Legal and fiscal due diligence in the context of contractual, administrative, urban planning and financial profiles;
- Investment agreements;
- Real estate purchase contracts or property investment vehicles;
- Leases and sub-leases;
- Business branch lease contracts;
- Financing agreements;
- Collateral contracts;
- Contracts concerning development operations;
- Contracts and subcontracts for the construction or renovation of buildings;
- Project management agreements;
- Property management agreements;
- Consulting agreements for matters concerning the planning and implementation of construction projects.
6. SUCCESSION PLANNING
The firm assists individuals in matters of succession planning, from arranging the transfer of one's property and assets, to fulfilling all the tax formalities regarding same. We also help business owners in the transition from one generation to the next.
In particular:
- Drafting and publishing of wills;
- Accepting inheritance with or without the benefit of inventory;
- Renouncing inheritance;
- Protecting heirs;
- Petition and reduction of inheritance;
- Donations;
- Litigations in matters concerning inheritance subdivision.
7. ABROAD AND GERMAN DESK
Bianchi Schierholz & Partners boasts a strong international vocation: it is a member of numerous international associations (Advogate, Anwaltskooperation/group of law firms represented in all district courts of appeal in Germany (86 German cities), twinned with Belgavoka (Belgium and Luxembourg) and Francadovka (France). It is also a member of IAPL (International Association of Practising Lawyers), of“Vereinigung fuer den Gedankenaustausch zwieschen deutschen u. italienischen Juristen”, of E-Merging, and of both the German Chamber of Commerce in Italy and the Italian Chamber of Commerce in Germany. The Firm is accredited to the German Embassy in Rome and the German Consulate in Milan, as can be seen from the official websites of said institutions:
- http://www.rom.diplo.de/contentblob/3237786/Daten/2874545/rom_anw.pdf
- http://www.mailand.diplo.de/contentblob/1575056/Daten/3188854/Downloaddatei_Anwaltsliste_gesamt.pdf
It is also accredited to the US Consulate in Milan:
furthermore to the Canadian Consulate in Milan
and to the Swiss Embassy:
The Firm uses a German Desk, set up in 1998, which is specialised in assisting Italian clients investing in German-speaking countries and German-speaking clients investing in Italy.
Bianchi Schierholz & Partners habitually assists international clients through fluent daily spoken and written English, French, and Spanish.
8. LITIGATION
The Firm boasts vast experience in civil proceedings and arbitration, with a special focus on litigations relating to the following issues:
- Company law – directors' duties and liability; the appealing of decisions and budgets; conclusion, execution, interpretation and breach of para-social agreements; investment agreements, call and put option agreements; interpretation of statutory provisions and exercise of shareholder rights, etc.
- Commercial law - proceedings arising from the conclusion, execution, interpretation or breach of typical contracts (i.e. contract for services, both domestic and international sale of goods) and atypical contracts governed by Italian or foreign law; legal debt collection.
- Transportation law; interpretation and resolution of issues associated with the interpretation of transportation contracts and in particular in relation to payment deadline, date of delivery of goods and related forms of payment guarantees, release of seized goods, etc.
- Banking law – interpretation and resolution of issues related to disputes on the working of credit instruments and bank guarantees, such as letters of credit and sureties.
- Intellectual property law and competition – precautionary measures against unfair competition, anti-trust proceedings, disputes involving trademarks and patents, legal disputes over copyright infringement.
- Libel cases, legal actions to protect a company or individual's honour, name and image, and compensation request.
- Labour and social security law; disputes involving individual and collective dismissals, wages, mobbing, company reorganisation and restructuring, agency contracts and unfair competition;
- Copyright – disputes involving unfair competition, know-how, trade secrets and copyright (likelihood of confusion, disparagement, misappropriation of trade secrets, sales below cost, false advertising, violation of journalistic norms, competitive lying, appropriation of clients); other ordinary and precautionary disputes concerning validity and forgery.
Bianchi Schierholz & Partners has an established and experienced network of colleagues throughout Italy which allows us to follow disputes all over the country with the utmost efficiency.