Industries

The food & drink sector, i.e. the industry of production, marketing and supply of food and drinks, is one of the driving sectors of Made in Italy, as well as one of the main factors of competitiveness of the Belpaese system.

• Not only is Italy listed – also due to its tradition and cultural approach – among the main producing countries of food and beverages, but it is also ranks first in the world for the number of designations of origin and geographical indications with numerous protection consortia.
• The food sector has not only proven to be, in years of crisis, in absolute contrast to other market segments (with growth in turnover, employment and exports), but it is a strategic field in which one of the great challenges of today is played out, that is, that of feeding the planet amidst population growth, optimization of resources, environmental sustainability and research or innovation projects.
• The Food Law Team of the Firm has had the fortune of providing services in this area since the early 2000s, that is, since the dawn of “European” food law, developing a unique expertise in a sector among the new frontiers of law.

The Firm regularly assists Clients by providing consultancy in all structured finance transactions and also offers assistance in all regulatory aspects connected to activities such as real estate financing and investments, covered bonds, structured finance and derivative financial instruments.

The scope of the activities carried out, by way of example only, includes:

• Consulting and assistance on regulatory aspects of acquisition, merger and reorganization operations of intermediaries, including the management of relations with the Supervisory Authorities.
• Consulting and assistance relating to the establishment in Italy of branches of EU and non-EU intermediaries as well as the start-up of cross-border activities by the same.
• Assistance in procedures for registration in, and cancellation from, registers and lists.
• Compliance consultancy on an ongoing or one-off basis in the various sectors of intermediaries' activity (prudential supervision, transparency of shareholding structures, anti-money laundering, anti-usury, transparency, administrative liability of entities pursuant to Legislative Decree no. 231/01, etc.).
• Assistance in drafting standard contractual documents and negotiating individual or union contractual documents.
• Assistance in administrative sanctioning proceedings.
• Assistance in managing disputes with customers.

The professionals of the Studio have gained consolidated experience in the sector, regularly providing assistance to Clients in the context of television and film productions.

Among the various services offered, in particular, we can mention:

• Assistance to producers in the acquisition of authors' rights, in the negotiation and conclusion of acquisition, licensing, distribution contracts and in general for all relationships pertaining to the production and distribution of cinematographic and similar works.
• Assistance to radio and television broadcasters in the acquisition, production and use of content, with particular reference to relationships with authors, artists, performers, content providers, as well as in the acquisition and/or transfer of formats.
• Negotiation and drafting of all types of television contracts (acquisition of rights, television productions, licensing agreements for artistic performances, as well as distribution agreements with service platforms and network operators).
• Assistance to audiovisual media service providers in relation to all regulatory aspects (e.g. European quotas, commercial communications, protection of minors, compliance with regulatory requirements).
• Consulting and assistance in relations with communications authorities (satellite, DTT and cable authorisation procedures, procedures for the acquisition of transmission capacity, hearings before AGCOM and administrative judicial bodies).
• Assistance in litigation on behalf of rights holders and/or users, licensees and/or distributors of film and/or radio and television content.

With a consolidated experience in judicial and extrajudicial assistance of leading Italian publishing houses, the Firm is able to meet the different needs of its Clients throughout the process of publishing and distributing a work, both in digital and paper format. In particular:

• Negotiation and drafting of IP contracts (publishing, assignment and licensing, editing, agency, work contracts, etc.);
• Assistance to authors and publishers in cases of plagiarism or abusive publication and in cases of unfair competition;
• 360° consultancy in the launch of digital content distribution platforms and new editorial projects;
• Protection of trademarks and other distinctive signs of ownership of publishing houses;
• Assistance in due diligence activities and intra-group transactions;
• Management of relationships with collecting societies (SIAE, etc.);
• Assistance, in any type of litigation, in favor of publishing houses and rights holders and/or users, licensees and/or distributors.

The Firm has gained considerable knowledge and experience in all factors that influence the energy and utilities sector and is able to provide assistance with a high level of specialization, and with an integrated approach, in a constantly developing market. The attention to detail of the Firm's professionals guarantees effectiveness and punctuality of the service.

The consultancy and assistance services concern the following matters:

• Mergers and acquisitions (M&A) in the energy, gas and utilities sector, due diligence on companies operating in the energy and utilities sector.
• Advice on regulations relating to natural gas, electricity, water service, waste and the environment.
• Compliance with the resolutions of the Regulatory Authority for Energy, Networks and Environment (ARERA).
• Assistance in investigations opened by ARERA.
• Consulting on ARERA regulation relating to gas, energy, water service and waste tariffs.
• Awarding of public service concessions (water, waste, etc.), in-house awards.
• Assistance in tenders (ATEM) for the awarding of gas distribution services.
• Estimation of the reimbursement value (VIR) of plants and infrastructures of outgoing operators in the gas, public lighting, etc. sectors.
• Awarding of public services through project finance (district heating, lighting, etc.).
• Functional and accounting unbundling in sectors regulated by ARERA.
• Appeal before the TAR and the Council of State of the resolutions issued by ARERA, other independent authorities and public bodies.
• Drafting and updating gas and energy sales contracts.
• Consulting on new commercial proposals, verification of correctness of commercial practices, agency contracts with sales network and quality complaints.
• Contracts for electric mobility.
• Assistance with authorization procedures for energy production plants.
• Advice on environmental law.

The Firm is particularly active in the energy efficiency sector, providing assistance to ESCOs, drafting energy performance and energy service contracts, cogeneration and heat supply contracts, financing contracts, as well as providing advice on white certificates and for participation in public tenders. Particularly relevant is also the activity in the renewable energy sector:

• Contracts for the purchase or sale of companies/projects in the renewable energy sector, due diligence, litigation, civil and administrative (including cases relating to incentives for photovoltaic systems).
• Assistance in the development of renewable energy plants and authorization procedures (VIA and VAS).
• Drafting of EPC and O&M contracts.
• Advice on procedures and criteria for obtaining concessions and incentives.
• Relationship with GSE.
• Consulting on concession fees for the diversion of public water for hydroelectric purposes.
• Green certificates, energy efficiency titles.

The Firm is available to offer consultancy services both in judicial and extrajudicial matters to companies active in the fashion and luxury goods sectors, from small artisan boutiques to multinationals.

In particular, the Studio professionals deal with:

• Defense of trademarks and designs, registered and unregistered, relating to clothing and accessories;
• Review of advertising campaigns;
• Negotiation, drafting and reviewing contracts with suppliers, business partners, distributors, testimonials and influencers;
• License Agreements.

The Firm boasts a consolidated experience and a high reputation in this sector, working regularly with national and international clients, including companies, real estate funds, banks, private and institutional investors, ensuring quality services and complete and personalized assistance in relation to assets belonging to all reference classes.

Of particular note is the activity relating to procurement and all related contracts, as well as related aspects.

The activity includes assistance, consultancy and advocacy in the following sectors:

• Construction, sale and management of real estate complexes, hotels, commercial and logistics centers.
• Drafting and negotiating contracts for the sale, development, management and financing of any type of real estate for commercial, industrial or residential purposes.
• Commercial contracts in the sector (lease, business rental agreements, renovation and fitting out of sales outlets, negotiation and drafting of franchising agreements), for important national and foreign brands active in the retail , shopping centre and showroom , tourism, office and industrial real estate sectors.
• Constitution, administration and dissolution of condominiums.
• Planning, promotion and management of active and passive litigation, in matters of protection of property and possession.
• Litigation.
• Legal due diligence on real estate.

The firm has in-depth knowledge of the pharmaceutical regulatory sector, cosmetics, medical devices, food supplements and veterinary drugs and is able to assist clients in relation to production and marketing.

Services offered include:

• CE marking;
• Regulatory activity;
• Relations with the competent authorities;
• Contractual matters;
• Health advertising authorizations;
• Intellectual property protection.

The Firm has gained significant experience in the judicial and extrajudicial assistance of music publishers and phonographic producers and in the protection of authors and artists.

In particular, the Firm's professionals deal with:

• Negotiation and drafting of IP contracts (publishing, assignment and licensing, synchronization, etc.) and drafting of contracts with record companies, music publishing and phonographic companies, producers and/or managers;
• Due diligence activities for the acquisition of music catalogues;
• Management of relationships with collecting societies (SIAE, etc.);
• Assistance to phonographic producers, licensees and/or distributors, music publishers and live event organizers in the acquisition of authors', artists' and performers' rights. Performers in the negotiation and conclusion of acquisition, license and distribution agreements;
• Assistance and consultancy to artists in their relationships with production companies, television networks, organisers of live shows and/or tours and in the context of participation in events (television, radio, on digital platforms, social media, etc.);
• Assistance and consultancy in the management and protection of copyright, related rights and image, also in relation to uses made on social media and digital platforms;
• Assistance, in any type of litigation, in favor of rights holders and/or users, licensees and/or distributors of musical content.

In recent years, the Firm's professionals have provided their consultancy services to numerous innovative start-ups , especially in the digital field, coming into contact with their problems and needs.
The experience gained in this way has allowed us to develop a “ starter pack ” including all the tools that a start-up needs to begin operating on the market.

The package includes, in particular:

• First meeting with one or more professionals of the Firm aimed at understanding the Client's business and his actual needs;
• Assistance in setting up the company and in the related formalities;
• Drafting of the website's terms of use or general purchasing conditions, in the case of online sales;
  the drafting of the Privacy Policy and the Cookie Policy;
• Trademark filing and possible prior art search;
• Identifying and implementing the best strategy to protect the “idea” underlying the start-up’s activity.

Collaboration with similarly qualified and approved partners allows us to offer our services at particularly advantageous rates, thus sharing with our Clients the “gamble” that is inherent in every innovative start-up.

The Firm has always been attentive to technological evolution and new forms of communication, as well as the legal issues related to them. Especially in recent years, the Firm's professionals have had the opportunity to assist numerous companies in launching online platforms for the provision of digital content.

Among the services offered in the field of media and new technologies, the following are particularly noteworthy:

• Advice and assistance to clients in relations with communications authorities (satellite, DTT and cable authorisation procedures, procedures for the acquisition of transmission capacity, hearings before AGCOM and administrative judicial bodies).
• Assistance to audiovisual media service providers in relation to all regulatory aspects (e.g. European quotas, commercial communications, protection of minors, compliance with regulatory requirements).
• Negotiation and drafting of all types of television contracts (acquisition of rights, television productions, licensing agreements for artistic performances, as well as distribution agreements with service platforms and network operators).
• Drafting, reviewing and localizing terms of use and policies relating to websites, with particular reference to the T&Cs of e-commerce platforms.

Regulatory law is an area of legal expertise that combines in-depth knowledge of complicated technical regulations, which govern the marketing of products, with familiarity in applying concepts and institutions of civil and commercial law (product liability, free movement of goods, consumer law, contracts and litigation). The Firm also deals with compliance aspects of marketing policies, understood as commercial practices for product promotion, in relation to prize competitions, discounts, freebies, giveaways , influencer advertising and more.

Our expertise allows us to assist clients in activities such as the following:

• Label and packaging approval;
• Compliance of advertising and product presentation;
• Environmental labelling of packaging;
• Support for product declarations and authorization processes;
• Examination of the technical regulations applicable from time to time (Textiles; REACH; Food; etc.);
• Management of product withdrawal and recall procedures;
• Coordination of multi-country projects;
• Legislative and regulatory monitoring.

The validation also takes into account the use of claims (including green claims ), warnings , indication of origin, “ made in ”, CE marking.

The issues of environmental, social and governance sustainability are icreasingly gaining in interest, driven by a collective need to improve the quality of life and to help address environmental emergencies and the needs for development based on respect for the principles of equal opportunities and protection of the weaker sections of the population. In this context, sustainability represents an aspect that Banks, financial intermediaries and companies must increasingly deal with in order to respond to the changed sensitivity of public opinion, the consequent market needs, also conforming to recent regulatory interventions already undertaken and still being adopted, especially at European level.

The Firm is sensitive to this profound change and is able to accompany clients on the path towards sustainability in its many aspects in which it is expressed, through a multidisciplinary approach that involves its practices and departments across various areas.

Our assistance includes regulatory and legal profiles related to sustainable finance, sustainable corporate governance, the development of sustainable value chains and advertising promotion based on environmental and social claims.

We also follow the customers in the path that leads to the adoption of the benefit company form and in the related formalities.

We also provide support regarding the legislative and regulatory aspects related to non-financial reporting and impact measurement.