Commercial and civil law

The Firm’s lawyers have been providing consultancy and legal assistance for years in all issues relating to company management and administration, with particular reference to matters relating to corporate structures, duties and responsibilities of directors and auditors, auditing, operations on assets and capital, mergers, incorporations, transfers of businesses, unfair competition – also in light of EU law – and corporate and business restructuring.

Some of the firm’s partners have gained in-depth professional and academic experience, as well as important collaborations with scientific journals in Italy and abroad.

A particularly relevant sector within the expertise acquired by the members of the firm is represented by civil liability in general and in particular in the field of medical professional liability (extrajudicial and judicial) as well as criminal liability, for the protection of both the professional and the patients who believe they have suffered damage as a result of inadequate medical health care. In this area, the firm has developed an important network of contacts at a national level with authoritative medical lawyers in order to obtain prior verification of the existence of a causal link between the alleged case of malpractice and the damage caused to the patient.

Arché Studio Legale includes specialists in all legal matters related to bankruptcy proceedings.

The Firm assists and provides advice on all aspects of insolvency, both with regard to credit protection (filing of bankruptcy petition, filing of claims) and with regard to the representation of active and passive positions in bankruptcy proceedings.

Members of the firm have been studying trusts since 1992, studying the legal effects of the ratification, which took place with Law 16.10.1984 n. 364, of the Hague Convention of 1 July 1985, on the law applicable to trusts and their recognition in the legal systems of the member states of that convention.

This research activity takes the form of participation in seminars and conferences as speakers, as well as in numerous publications on the subject of trusts and confidence.

Particular attention is paid to the possible applications of the institution in the context of domestic law, through the establishment of internal trusts that allow the identification of safe solutions, not otherwise possible through traditional institutions (e.g. divorce agreements, patrimonial funds, child protection and asset management after death and other of significant interest).

In the context of corporate law, the trust allows the creation of structures with a much higher degree of “resistance” than through the use of simple parasocial agreements (e.g. shareholders’ agreements).

Furthermore, the trust can be used to pursue guarantee purposes (e.g. bond loan guaranteed by real estate), as well as the purpose of allocating assets for the pursuit of charitable purposes.

The Lawyers of Arché Studio Legale regularly act as arbitrators appointed by the Presidents of the Courts or by the Parties in ritual or irrituali arbitrations, as well as providing assistance to their clients in any alternative dispute resolution procedure (ADR).

rché Studio Legale regularly act as arbitrators appointed by the Courts or by the Parties in ritual or irrituali arbitrations.

The Lawyers of Arché Studio Legale have gained more than ten years of experience in the field of civil and military aircraft production, having provided assistance and consultancy services for years to a leading national company in the sector.

The Lawyers of the firm are able to provide consultancy services on any legal issue relating to the management of the industrial plant activity in every phase of the production process, with particular regard and by way of mere example:

1. to the concession discipline and relations with the granting Public Authority;
   to the legislation, including EU legislation, on the export, intermediation, technical assistance, transit and transfer of military or dual use, aeronautical, terrestrial, nautical and aerospace products;
2. to the internationalization of the production and marketing chain;
3. to the obligations imposed by the discipline relating to the traceability of financial flows in the
4. case of relations with the Public Administration (art. 3, l. 13 August 2010, n. 136 and following);
5. to the duties referred to in the so-called criminal liability of the company (Legislative Decree 231/2001);
6. to the legislation regarding safety at work.

The Lawyers of Arché Studio Legale have been active in the insurance sector for many years, taking care of the interests of important insurance intermediaries and brokerage firms, operating in every sector, with particular attention to the coverage of risks connected to maritime transport, business activity, shipbuilding and, in general, shipbuilding activity, both in terms of consultancy and legal assistance.

The members of the Firm have gained more than ten years of expertise in consultancy regarding the ethical aspects that must inform the activity of the insurance broker and the insurance agency, providing assistance and defense in the context of disciplinary proceedings before IVASS.

The Lawyers of Arché Studio Legale constantly deal with issues relating to the protection of inventions, patents, industrial models and trademarks, as well as issues related to the protection of copyright and the preparation of contractual documents, both in a domestic and European/Community environment.