The aim of this article is to outline the ever-increasing importance of discovery for civil law proceedings due to recent, favorable developments in law cases and judicial decisions within the EU. In particular, we intend to consider the potential scenarios under which the result of discovery, a common law institution, could be introduced in civil-law… continua
On March 9 the Italian Government approved a Law Decree setting forth for the first time a broad set of governmental intervention and veto powers in certain strategic sectors: defense; energy; transportation; communications. This new set of rules will have a significant impact on companies operating in such sectors. In particular, the new rules include… continua
The impact of data protection law on due diligence is an increasingly important aspect of M&A transactions. Italian law has no specific provisions on data protection in due diligence; nor has the Data Protection Authority issued administrative provisions on the subject. Nevertheless, parties to mergers and acquisitions must think carefully about the data protection aspects… continua
On January 21 2011 the Supreme Court released a judgment incorporating significant views on tax abuse in cross-border corporate restructurings. The court rejected the tax authorities’ claim in relation to the existence of an allegedly abusive scheme.