Contracts and business relations
We give assistance in most contractual relations, business to business and business to consumer.
By way of example, we help our clients with:
• drafting General Conditions of contract after a deep examination of client's business and critical matters;
• formulating specific agreements or clauses in order to safeguard client's interest, prevent litigation, obtain proper warranty of fulfilment;
• giving assistance in negotiations either through direct contacts with the other contracting party or by instructing client in the development of the bargain;
• out of court defence in raising claims of rejecting them in an effective way.
Our consulting is mostly concentrated in drafting agreements, formulation of letters and assistance to negotiations.
By way of example our advise can be given on:
• foreign legislation , integrating our assistance with the corresponding law-firm abroad;
• drafting specific agreements with or without assistance to negotiations;
• formulation of general conditions of contract (e.g. with customers or suppliers) within the scope of international business relations;
• formularion of specific clauses to be applied in international business relations (e.g. warranty);
• evaluation of contractual proposals including the identification of the applicable law, although non expressed, and jurisdiction;
• out of court defence regarding disputes both in contractual relations and in tort.
Real Estate law
Our law-firm is experienced in the legal assistance concerning negotiations, sale and purchase of property or other rights related to real estate (e.g. sales, leasing, tenancy, options, contract of works, contract of architectural and engineering services, agreements with brokers and agents etc.).
A specific know-how has been achieved concerning real estate due diligence , asset management agreements and project management agreements .
Our assistance has concerned both single units and large real estate compartments. Development of residential, industrial, commercial and agricultural areas have been successfully accomplished by our clients with our legal assistance, also regarding environmental issues .
The partners of the law-firm deal also with sale, purchase, lease, development and management of hotels and tourist resorts in Italy and abroad.
We constantly follow the evolution of corporate law and all possible solutions for the enterprises whishing to organize and develop their activities with our without business partners.
In this field we advise clients in the choice of corporate form , draft of articles of associations , with particular attention to corporate governance and minority interests .
We offer experienced advise in
• formation of companies;
• shareholders' agreements;
• sale, purchase and pledge of shares in companies, including performance of due diligence or preparation of data room for potential buyer;
• sale and purchase of business or branch of business with related activities;
• preparation of or participation to shareholders' meetings;
• extraordinary operations such as merger, transformation, dissolution.
• claims and defence regarding directors' liability towards the company, shareholders and third parties as well as statutory auditors' liability.
Intellectual Property law
Our law-firm can assist clients in all matters concerning copyright, design, know-how and unfair competition. We work in close co-operation with patent attorneys for matters concerning patents and trademarks. By way of example, we have given advise in the following fields
• protection of copyright, trademarks, patents, know-how, design, software, name;
• licence agreements concerning intellectual property;
• Research and Development agreements.
Information Technology law
We have worked with clients involved in the new economy and have gained specific knowledge and experience on IT legal matters such as
• registration, transfer and disputes concerning domain names;
• electronic commerce, both B2B and B2C;
• software development agreements;
• Internet projects, Internet partnerships, creation of portal, housing, hosting, banners, web disclaimers.
Lo Studio, con assoluta riservatezza, tutela il Cliente:
• nei diritti che sorgono dalla vita famigliare e dai rapporti di parentela e affinità;
• nelle procedure che si rendesse necessario avviare durante il matrimonio: nei rapporti, anche economici, tra i coniugi; per il prevalente interesse dei figli; nei rapporti con parenti e affini; in caso di separazione e divorzio;
• nelle unioni di fatto, anche prevedendo una regolamentazione dei rapporti economici, ovvero in caso di interruzione di queste ultime;
• nei trasferimenti di ricchezza all'interno della famiglia, nelle scelte relative al testamento e nella difesa dei diritt i successori;
• nelle divisioni ereditarie e nello scioglimento delle comunioni.
Labour law and HR management
We are aware that Human Resources are fundamental for the success of any enterprise. We have acquired experience and help our clients in
• selection of managers, directors and key employees;
• choice of form of collaboration and formulation of the agreement;
• determination of salary, fringe benefits, incentives, stock options;
• disciplinary matters, termination of the employment;
• defence in labour disputes.
Debt collection and credit protection
Most of sales of goods and services imply receivables. We help our clients to define a proper credit policy and assist them in:
• drafting contractual clauses in order to prevent or discourage delay in payment;
• obtaining pledges and collateral securities;
• draft of monitory letters and out of court debt collection activity;
• instituting summary proceedings as least expensive and fastest way to obtain an enforceable title;
• enforcement proceedings.
We assist also foreign debt collection agencies..
Out of court settlements, ADR and arbitrationThe legal advice will also look at the prevention or management of specific disputes, not yet arisen before the Judicial Authorities, including:
• the handling of any complaints of breaches of contract of the customer or its counterparts;
• negotiating and drafting settlement agreements;
• assistance and defense in arbitration National or International
Litigation, defense in court
Preventing litigation is an important value always present when we draft contractual documents. When our clients are involved in a dispute our goal is to prevent litigation in court and we concentrate our efforts in reaching a satisfactory out of court settlement. We often manage the correspondence between our clients and their counterparties in cases of breach of contract, claim for damages or any kind of controversial matter.
There are situations where litigation in court is the only way to safeguard our client's rights. We assist our clients acting as attorneys in arbitration proceedings when provided by the agreement. Defence strategy is well defined before starting any lawsuit. In all international disputes we always give advise concerning the possibility of forum choice , if any, and advantages or disadvantages to bring an action in a certain court.
All partners have wide experience in litigation which is important also in consulting activity in order to have a complete vision of the relevant legal issues. Such continuous judicial activity characterizes the “traditional” lawyer's role that we are proud to keep in the interest of our clients as well as to establish a personal and fiduciary professional relation.
Caiazza & Partners has only one goal in all activities performed: to act in the best interest of the client..
Private assistance and consultingPrivate individuals are assisted by the law-firm concerning their business and personal matters. Generation shift, succession and inheritance as well as trust are dealt with. Also family law is practised both at national and international level..
ADR and conciliations in civil and commercial disputes.
Civil and professional liability - Insurance law
The partners assist clients in disputes concerning civil liability both contractual and in tort. The activity is aimed to claim damages or to defend a client from a claim of a third party.
The Lawfirm has gained specific competence and experience in lawsuits concerning professional liability having dealt with several disputes on medical liability (general surgery, neurosurgery, orthopedics, obstetrics, dentistry, cosmetic surgery), professional liability of architects and engineers, accountants and auditors, lawyers and notary.
In all controversies the aspects concerning insurance coverage are properly considered..
Business & Human Rights
Caiazza & Partners International Law Firm is committed to human rights protection both in consulting activity and litigation before any court of justice, including the European Court of Human Rights. Besides the assistance to individuals, to foundations and to nonprofit associations, our consulting activity is intended to advise companies on the topics of Business & Human Rights, Ethics in Business and Corporate Social Responsibility.
Business enterprises have the responsibility to respect human rights of individuals and communities in which they operate. This principle is recognized both internationally and within the European Union.
In the modern context of economic globalization business enterprises risk to be involved, directly or indirectly, with adverse human rights impacts. The specific areas of risk relate principally to the production phase, to all contractual relationships (supply chain, sales etc.), to employment practices and to relationships with local authorities.
This kind of responsibility applies to all enterprises regardless of their size, sector, operational context, ownership and structure. Nevertheless, the scale and complexity of the means through which enterprises meet that responsibility may vary according to different factors and with the severity of the enterprise's adverse human rights impacts.
In order to meet these needs within the UN were endorsed the Guiding Principles on Business and Human Rights that Implemented the United Nations “Protect, Respect and Remedy” Framework.
In order to identify, prevent, mitigate and account for how they address their adverse human rights impacts, business enterprises should carry out a human rights due diligence. Conducting appropriate human rights due diligence should help companies to address reputational risks and legal claims. Caiazza & Partners is advising its clients on the correct interpretation of the Guiding Principles on Business and Human Rights, on the revised OECD Guidelines for Multinational Enterprises, and on how to conduct a proper human rights due diligence within different industrial and entrepreneurial sectors.
Human rights has become an increasingly prominent aspect of Corporate Social Responsibility (CSR). The European Commission's new policy on CSR recognizes the need for enterprises to integrate human rights concerns in their operations and business strategies.
Social responsibility is a factor of growth, stability and especially innovation that provides a long-term competitive advantage for a company.
Caiazza & Partners International Law Firm provides consulting to companies and business networks (reti di impresa) for the creation and improvement of a code of conduct (complying with the law on liability of companies, D.lgs. 231/2001), and for sustainability reports.