National and international Law
Pogliani Law Firm acts as a guide for companies and individuals who need counseling and legal assistance in various areas of civil and commercial law, as detailed below, both in national and international perspective.
The Firm manages indeed many legal cases whose elements do not exhaust their effects solely in the national law but rather, as a result of special circumstances such as the nationality of the persons concerned, their domicile or residence, the location of the assets involved, etc., produce cross-border effects, which are taken into account by the judicial system of at least two different countries. In such cases it is necessary first to establish, in accordance with the rules of international private and procedural law, which law is applicable to the particular case, and potentially, to which country belongs the judge who would have jurisdiction to issue a judicial decision on the subject matter.
• Commercial agreements
Negotiation of national and international agreements at EU and extra-EU level: sales agreements, contracts (tenders), licensing, distribution, franchising, agency, lease and financial lease agreements.
• Industrial and intellectual property
Advice and assistance in the enrolment of national, EU and international trademarks, consultancy on matters relating to the protection of industrial and intellectual property, advice on counterfeiting and breach of licensing agreements, protection of intellectual property in internet, proceedings at the National authority for competition, enrolment of newspapers and other publishing products.
• Contractual consultancy
Reviewing and drafting, with assistance in italian, english and french language of national and international agreements, in every sector of business activities.
Strong experience in contracts and sub contracts, with particular reference to the residential and commercial building sector; commercial agreements such as transport of goods and persons, agency and brokerage , supply and commercial distribution, business assignment or lease, transfer of receivables, professional consulting agreements. The Firm has also developed expertise in the consequences of breach of contract (non-fulfilments, dissolution, compensation of damages).
• Bankruptcy proceedings
Extrajudicial and judicial assistance in all matters related to bankruptcy law, in particular in the proceeding of bankruptcy and composition with creditors. Drafting of petition, relationships with official receivers, liquidators, commissioners and judicial administrators, either on behalf of creditors or of debtors concerning the insolvency Procedure.
• Bankruptcy proceedings abroad
Assistance in the context of bankruptcy proceedings within the European Union and in non-EU countries.
• Arbitration, mediation, assisted negotiation and extrajudicial settlements
Strong experience in the procedures relating to alternative dispute resolution, such as arbitration, civil and commercial mediation, assisted negotiation. Management of extrajudicial settlements in all areas of civil and commercial law.
• Insurance Law
The firm provides advice in the preparation, review and update of the insurance policy and contractual forms, in the analysis of insurance policies and their practicality, also providing assistance in the litigation context.
• Company law
Set up of companies and permanent establishment in Italy, drafting of statutes, minutes of shareholders’ meeting, shareholders’ agreements, domicile services.
• Debt collection
Debt collection procedures with immediate activation and regular feedback to the customer about the status of the procedure. The Firm offers consulting services and legal assistance within the debt collection, which is being implemented first with an extra-judicial intervention and then – failure to obtain the required amount – with specific actions in the monitory, judicial and enforcement area. Particular attention is given to regulatory reforms that have introduced the chance to access to the Italian tax register, managed by “Agenzia delle Entrate” in order to obtain financial information about debtors.
• Real Estate Property
Consultancy in the real estate branch. Legal counsel for the acquisition or enhancement of real estate, management of disputes over property and possession, as well as any other property rights. Processing of preliminary sale agreements of real estate and property, loan for use, life estate and dwelling house. More generally, the Firm handles all cases of protection of real estate property, including the properties resulting from gift.
• Property rental and condominium
Consultancy and drafting of lease agreements for residential purposes (either at market or controlled price) and for commercial use, assistance in all disputes and condominium issues, legal opinions regarding apartment building.
• Accidents and liability
Strong experience in accident cases, in particular road accident. The assistance given to the customer damaged in an accident is complete, from the first negotiation with the insurance company up to the judicial stage, if necessary. Protection of damages resulting from the liability in each sector.
• Estate of a deceased person, rights of the heirs
Assistance in the management of an estate of a deceased person, protection of the rights of heirs and the distribution of asset. Administration of the estate of a deceased person. Consultancy on the preparation of wills, drafting and filing of the succession statement, comprehensive of assistance in case of existence of a real estate in the succession, up to the request for registration of title to land and of cadastral documents. Patronage in legal disputes arising from succession.
• Family law and law of the person
Customer assistance in all matters concerning family relationships in general: consanguinity, and relationship by marriage, marriage, separation and divorce, personal relations between husband and wife, property rights within the family, paternity, relations between parents and children, including any legal implications involving the juvenile court. Knowledge in the protection of weak and disadvantaged people (with particular reference to administration procedures of support and protection), civil status and capacity of persons, paternity lawsuit, adoption and any voluntary jurisdiction procedures.