Case history

Stories of day to day management, but also reorganizations, restructuring and M&A of any size in all industry sectors.

Some case history by De Luca & Partners

Type of assistance: Agency agreement Sector: smart Safety, Lighting & Home Appliances

Object

Management consulting, development and reorganisation of the agent network to a leading player in smart Safety, Lighting & Home Appliances.


Summary of matter

In addition to assistance and advice on ordinary and extraordinary labour law matters, the Firm has assisted the Client in the definition of master agreements for agents, as well as in the resolution of all related issues, preparing the associated agreements, redefining responsibilities (area, products and commission) and solving issues related to the management of the contractual relationships. The Firm has also assisted the Company in the termination of such professional relationships, preparing termination notices, conducting negotiations with the agents and resolving other related issues presented to it by the Company.

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Type of assistance: Employment & labour Sector: Automotive

Object

Advise on the review of intercompany service agreements and secondment agreements to a world leader in the production of specific products for the automotive sector which supplies some of the world’s most important car manufacturers.


Summary of matter

Preparing the master contract and the implementing documentation associated with the relationship between companies of the group at global level (Germany, USA, Asia, etc.), drafting service agreements and, where appropriate, agreements relating to the secondment of executives as part of the combined management of intercompany services, including interaction with the legal affairs offices of the foreign affiliates involved. This case also involved solving specific labour law-related issues and cooperating with the Company’s other Italian and foreign consultants to deal with other commercial and tax issues, especially concerning transfer pricing.

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Type of assistance: Top management Sector: Financial Services

Object

Legal consultancy concerning the disciplinary action and the definition of the terms and conditions of the settlement agreement.


Summary of matter

Legal assistance and advice concerning the disciplinary action against the executive as well as the legal assistance carried out during the complex negotiation concerning the definition of the terms and conditions of the settlement agreement. The negotiation of the dispute with the Company has been complicated to handle as far as the company was strictly focus on the internal remuneration policy and as consequence we had to face off with internal bank regulation in order to find the way to achieve the best economic result. As well as the negotiation has concerned the definition of the discharge by the company to perform any legal action against the executive for the activities performed by him during the employment relationship.

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