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25MayAvoiding conflicts between due diligence and privacyThe 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…Article filed under: Mergers & Acquisitions
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18MaySupporting independent producers – new regulation on secondary rightsOn February 3 2011 AGCOM, the communications regulator, issued a new regulation on the use of secondary rights acquired by media service providers. Article 44(5) of the Audiovisual Media Services Code acquires transmission...Article filed under: Television
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18MayIs the validity of a drag-along clause subject to specific requirements?Drag-along clauses are often found in shareholders’ agreements of joint stock companies. They provide an equity capital sale mechanism which ensures that if a third party offers to acquire the entire equity capital of the company, the majority shareholder has the option of benefiting from such offer and may use it to compel the minority…Article filed under: Private Equity
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7AprYahoo! Italia liable for film copyright infringementThe debate about copyright protection on the Internet has taken a new turn. The Court of Rome recently found that search engine Yahoo! Italia bore contributory liability for infringement of copyright in the award-winning Iranian film About Elly by illicit websites, which allowed the streaming or downloading and peer-to-peer sharing of the film without the…
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5AprDismissal for poor performance – recent supreme court decisionIn Decision 24361, which was issued on December 1 2010, the Labour Section of the Supreme Court stated that an employer may dismiss an employee for poor performance even if the employee in question has not committed a gross violation of his or her duty of diligence.Article filed under: Labour and Employment
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21MarClass actions: first precedent on preliminary stage of class action proceedingsIn an ordinance of December 16 2010, which was filed with the Court of Milan on December 20 2010, a class actionbrought under Section 140bis of the Customer Code was declared admissible for the first time in Italy. However, this only means that the class action has passed the preliminary examination stage and avoided early…Article filed under: Dispute Resolution
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21MarNet neutrality: an italian perspectiveStrongly debated in the EU, the idea of Net Neutrality is now rapidly catching the attention of regulatory authorities and of the electronic communications operators in Italy.Article filed under: Internet & Ecommerce
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18MarThe “right to be forgotten” privacy and online newsRecently, the Spanish Data Protection Authority (“Agencia Española de Protección de Datos – AEPD)ordered Google to delete links on its search engine to any website containing out of date or inaccurate information about individuals and, thus, breaching their “right to be forgotten”. Now, Google is challenging the AEPD’s order in a Madrid Court, since, in…Article filed under: Internet & Ecommerce
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18MarA new scenario for Italy: the compulsory mediation of civil and commercial disputesIn March 2010 the government approved a legislative decree to implement the EU Mediation Directive (2008/52/EC). Legislative Decree 28/2010 introduced a compulsory mediation stage for resolving civil and commercial disputes. The decree’s ambitious aim is to reduce the number of cases pending before the Italian courts and thereby cut the duration of a typical lawsuit…Article filed under: Dispute Resolution
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16MarSelective distribution for cosmetics and eu competition rules on online salesOn March 3 2011 the European Court of Justice (ECJ) Advocate General Ján Mazák issued a non-binding opinion on Pierre Fabre Dermo-Cosmétique SAS v Président de l’Autorité de la Concurrence and Ministre de l’Économie, de l’Industrie et de l’Emploi (Case C-439/09). In it, Mazák argues that selective distribution agreements which impose a general and absolute…
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