Case History

Type of assistance: Industrial relations

Sector: Chemical manufacturer

Object

De Luca & Partners is assisting the Client, a renowned Italian chemical manufacturer, with a planned reorganization process, aimed at shutting down a department and dismiss employees.

Summary of matter

Our law firm drafted a legal memorandum concerning the “Collective dismissal”. We analysed the legal framework pursuant to article 24 of Law no. 223/1991, the collective dismissal procedure and all the relevant phases and timing, the termination costs and the risks linked to the dismissals.

Type of assistance: Top management

Sector: Financial services

Object

De Luca & Partners represented the high-profile female executive employed in the financial sector against the company she worked for over the latter’s alleged culminated discrimination and sexist behaviour. The executive was fired and, with the assistance of our firm, challenged the dismissal, deeming it null, unlawful, and retaliatory.

Summary of matter

Our team ensured a deep study, long-term assistance (approx. 1 year) both during and after the employment relationship in helping and managing (from a labour law perspective) the executive’s reaction against other company executives/directors and board members who failed in maintaining a fair, lawful and non-discriminatory behaviour before the commencement of the employment relationship and ....

Type of assistance: Top management

Sector: Consulting Firms

Object

De Luca & Partners assisted a Partner of one of the most prestigious management consulting firms with negotiating the terms and conditions of the termination of his employment relationship with one of the Global Leaders in the field of consultancy services to top management. 

Summary of matter

De Luca & Partners helped the client to understand if the terms and conditions proposed by the Company were in line with the Italian labour law protections for the cases of termination of employment and drafted the text for a successful mutual termination agreement. 

Type of assistance: Restructuring

Sector: Private Equity

Type of assistance: Industrial relations

Sector: Software, technology e telecommunications

Object

De Luca & Partners assisted one of the world’s leading providers of software with the collective terminations resulting from the reorganization of the company due to a steady but gradual decline in its turnover since 2019.

Summary of matter

The mandate consisted of the organizational need of the client to manage certain redundancies arising from the reorganization of the business. Our team carried out a comprehensive labour and employment consultant activity in order to assess the critical elements and potential risks related to the reorganization and offered potential solutions in order to minimise the ....

Type of assistance: Industrial relations

Sector: Industrial machinery manufacturing

Object

De Luca & Partners advised an American multinational company with reference to one of its Italian subsidiaries, in implementing a significant social plan for a plant closure involving industrial and institutional relations.

Summary of matter

De Luca & Partners presented the Client with various negotiation strategies, offering possible solutions to mitigate the risks involved with the social and employment consequences of the company’s decision and acted for the management in negotiation meetings with the unions and various ministries; and advised on relocating businesses and persons to other jurisdictions.

Type of assistance: Employment & labour Restructuring

Sector: Transportation

Object

De Luca & Partners assisted the Client with the acquisition of target companies operating in the airport handling sector. Our Law firm assisted the Client from a labour law perspective in the acquisition above, performing accurate Due Diligence about the target companies.

Summary of matter

De Luca & Partners allowed the client to expand its presence in Italy. De Luca & Partners provided legal advice on preparatory due diligence investigations, along with the resolution of employment and labour issues entailed by the prospected transaction.

Type of assistance: Top management

Sector: Energy

Object

De Luca & Partners assisted a Top Manager, Head of Projects at one of the world’s leading energy infrastructure companies, in negotiating the exit-package related to the termination of the employment relationship with the Company.

Summary of matter

De Luca & Partners allowed the Client to get an indemnity for his dismissal three times higher than the maximum amount provided by Law for the case of unfair dismissals of Executives having his length of service.

Type of assistance: Employment & labour

Sector: Social Security Law

Object

De Luca & Partners was engaged by a USA multinational company leader in executive search and leadership advisory for the correct classification of the nature of the professional relationship between the Client and its Managing Director, and the determination of the social security system applicable under Italian Law to the Managing Director pursuant to Law no. 153/1969 or Law no. 335/1995.

Summary of matter

De Luca & Partners analyzed the contents and modalities of previous self-employment relationships elapsed with the Managing Director as well as the social security position of the Managing Director, identifying the risk areas and the possible solutions aimed at reducing the potential liability and operational impact on the Client. Our firm also assisted the Client ....

Type of assistance: Employment & labour

Sector: Publishing books

Object

De Luca & Partners assisted an Italian distributor of publishing materials in connection with the management of the employment relationships with certain executives who are also managing directors of the employing company within the group.

Summary of matter

De Luca & Partners analysed each individual position in order to assess whether the roles were compatible and intervened on the powers and job description of each CEO in order to avoid any kind of social security contribution risks.

Type of assistance: Compliance Privacy (GDPR)

Sector: Marketing & Communication

Object

De Luca & Partners assisted an Italian web agency, specialized in offering marketing, communication and training services for the Pharma and Healthcare markets, in relation to the development of several apps dedicated to the pharma and healthcare sector and aimed at offering a support and monitoring program for the medical treatment of patients suffering from specific pathologies, with the objective of ensuring the full compliance of the project with the applicable legislation on the protection of personal data.

Summary of matter

The support activities included the identification and adoption of technical and organizational measures and the carrying out of a data protection impact assessment with the aim of analyzing the level of risk of personal data processing carried out within the framework of the project. De Luca & Partners also supported the Client in the preparation ....

Type of assistance: Compliance Privacy (GDPR)

Sector: Production of plant extracts

Object

Legal assistance to the Client qualified in the production of plant extracts in order to ensure full compliance with the applicable law on personal data protection.

Summary of matter

De Luca & Partners has provided legal assistance to the Client in the activities related to the project in order to ensure the compliance with the applicable law on personal data protection. In particular, among other things, mapping the data collected, the processing carried out, the purposes pursued, and the subjects involved through gap analysis ....

Type of assistance: Employment & labour

Sector: Fashion

Object

Legal assistance to a Russian company operating in the clothing stores sector for the terminations/representative office opening in Italy.

Summary of matter

De Luca & Partners assisted the Client from an employment law standpoint on the analysis of the costs and risks related to the termination of certain employment relationships of a company controlled by the same in Italy, with the simultaneous opening of a representative office in Italy to which the employees of the subsidiary who ....

Type of assistance: Employment & labour

Sector: Web Service

Object

Legal assistance for a company that offers insurance products, financial products and rates comparisons with the appointment of new CEO position.

Summary of matter

De Luca & Partners assisted the Client regarding the possibility of including a new “CEO” on its staff. To this regard, several hypotheses were examined: i) appointment as a member of the Board of Directors and subsequent granting of the necessary powers, or ii) recruitment as General Manager with executive status; (iii) hiring either as ....

Type of assistance: Labour dispute resolution/Litigation

Sector: Industrial Machinery

Object

Legal assistance to a company operating in the field of industrial machinery for over 40 years, in disciplinary proceedings against the CEO leading to his dismissal for just cause.

Summary of matter

After dismissal, the MD sued the Client challenging the dismissal for just cause. De Luca & Partners prepared and filed the defense brief in the interests of their Client in order to obtain a complete rejection of the claims made against it by the claimant.

Type of assistance: Industrial relations

Sector: Global Investment Management Firm

Object

Employment advice linked to the reorganization of a Global Investment Management firm, actively managing more than $2.21 trillion in assets for central banks, sovereign wealth funds, pension funds, corporations, foundations and endowments, and individual investors around the world.

Summary of matter

De Luca & Partners has advised the Client in a complex reorganization involving the transfer of a going concern from the Italian branch of the UK Company to the Italian branch of the German Company of the same group. The firm advised the HR Managers who were involved from Italy, Germany, UK and the USA ....

Type of assistance: M&A & extraordinary operations

Sector: Investment management

Object

Legal assistance to the Client, a pan-European platform, in labour and employment due diligence for Leisure and Wellness company acquisitions.

Summary of matter

De Luca & Partners was assigned the task of providing legal advice for the aforementioned acquisition performing accurate Due Diligence on the relevant corporations belonging to the Group in order to assess the critical elements and risks associated in said transaction. De Luca & Partners carried out, on behalf of the Client the following activities: ....

Type of assistance: Industrial relations Restructuring

Sector: Energy

Object

Legal assistance for an internal reorganization, including Union negotiations.

Summary of matter

The Client is an Italian branch of the Dutch-British energy, active in the exploration, production, refining and marketing of oil and natural gas, and the production of chemical products. De Luca & Partners assisted the Client with an international reorganization and restructuring program, aimed at triggering a reorganization managed through the negotiation with the National ....

Type of assistance: Compliance Privacy (GDPR) News

Sector: Pharma, Healthcare e Medical Equipment

Object

Legal assistance to a Client qualified to offer marketing, communication and training solutions for the health sector.

Summary of matter

De Luca & Partners has provided legal assistance to the Client regarding the development of several dedicated apps for the healthcare sector aimed at offering support and program monitoring for the medical treatment of patients suffering from specific pathologies in order to ensure full project compliance with the applicable legislation for personal data protection. The ....

Type of assistance: Compliance Privacy (GDPR) Employment & labour

Sector: Distribution of Consumer Goods

Object

Legal assistance to a worldwide leading company in water treatment solutions on company acquisitions and the related GDPR.

Summary of matter

De Luca & Partners assisted the Client in their continuing growth with acquisitions of other companies and going concerns in the Italian market. The scope of work usually involved primarily employment law and related issues, and also covered very sensitive GDPR matters due to the Industry business model. Within the structure of the transactions, the ....

Type of assistance: Restructuring

Sector: visual content and photography

Object

Legal Assistence in the restructuring of the Italian business of a company belonging to a word leading Group that provides images for trade and consumers.

Summary of matter

Our firm assisted the client in restructuring its Italian business unit through the rationalisation of professional profiles. In particular, the Firm dealt with the feasibility analysis of the above mentioned operation, defining its timing, identifying the areas of risk and possible solutions to reduce the impact of the rationalization of resources and activities both on ....

Type of assistance: Top management

Sector: Asset Management

Object

Assistance to a manager of an Italian independent asset management company.

Summary of matter

Our firm assisted the manager in the setting of each clause relating to the extrajudicial agreement about the termination of the employment relationship between the manager and an asset management company. Signing of the termination agreement between the parties following the termination of the employment relationship of the client, as manager of the Italian company.

Type of assistance: Top management

Sector: Wine producer

Object

Negotiation and execution of the exit agreement of a managing director.

Summary of matter

Our firm gave its assistance to a managing director in the negotiation and execution of the agreement regulating his exit as CEO of an Italian company of an international Group which operates as a leading company in wine sector both in Italy and abroad. The settlement agreement also regulated the CEO’s exit from the Boards ....

Type of assistance: Restructuring

Sector: Industrial Engineering

Object

Legal assistence to an italian company, worldwide leader in developing and supplying modules and solutions for gas cooking and gas heating industry.

Summary of matter

During the acquisition of a Group company, we assisted the company (i) in the trade union consultation procedure pursuant to art. 47 of Law 428/90 (ii) to handle the integration between the two companies with particular reference to the harmonization of the collective agreements applied by the companies, considering that, following the business transaction, the ....

Type of assistance: Restructuring

Sector: Digital Technologies

Object

Legal Assistence to a leading client in the sale of online coupons for all the employment aspects following the acquisition of the client by a leading company in the Gift Card market.

Summary of matter

The client was purchased entirely by a company leader in Italy in the Gift Card market. The intervention of our firm was requested, on the one hand, to manage 70% of the transfer of individual employment contracts from the client to the company and, on the other, to manage the termination of employment relationships with ....

Type of assistance: Social security law

Sector: Constructions and materials

Object

Assistance and consultancy to a company leader in the market of high-performance glass.

Summary of matter

Our firm provided the client with the assistance and consultancy concerning: implementation of smart working, giving advice on the relevant discipline and application; absence from work to be treated as vacation leave or period of illness or quarantine with active surveillance (“quarantena con sorveglianza attiva”) or permanently under house trust with active surveillance (“permanenza domiciliare ....

Type of assistance: Top management

Sector: Industria Dispositivi medici

Object

Assistence to a Client former managing director of an international medical devices company during a negotiation process following him dismissal.

Summary of matter

The law firm managed the negotiation process for the non-conflict resolution of the dispute that arose following the dismissal of the Client. In particular, were significant, the long-term managerial relationship that the Client had with the Company as well as the important corporate offices held by him over the years in favor of the Company ....

Type of assistance: Restructuring

Sector: Global investment firm/Private Equity

Object

Legal Assistence to a global investment firm specializing in mergers, acquisitions and management of companies in a wide range of business markets both during the due diligence phase and after the acquisition of a global target Group.

Summary of matter

The law firm assisted the client within the acquisition of a target Group. In particular, our firm analyzed all the labor issues related to all the companies of the target Group providing the client with all the necessary assistance during the due diligence phase either after the acquisition. In detail, the firm assisted the client ....

Type of assistance: M&A & extraordinary operations

Sector: Digital Technologies

Object

Assistance to one of the largest “Big Tech” international Corporations which operates in the sector of digital payment and money transfer services online. The legal assistence has carried out the restructuration of the Italian business unit through the rationalisation of professional profiles.

Summary of matter

In particular, the Firm dealt with the feasibility analysis of the above mentioned operation, defining its timing, identifying the areas of risk and possible solutions to reduce the impact of the rationalization of resources and activities both on the Client and on the workers. In respect, the Firm drafted the individual dismissal letters, negotiated with ....

Type of assistance: Employment & labour

Sector: Software, technology e telecommunications

Object

Assistance to a leading company in the international market of accessories for smartphones and tablets.

Summary of matter

Our firm supported the Client in the considerations and analysis of the economic effects deriving from the redistribution to Managers of the savings generated by the exercise of the option that allows Managers to switch from the social security system called “Sistema misto” to the so-called “Sistema Contributivo”. The analysis also took into account the ....

Type of assistance: Labour dispute resolution/Litigation

Sector: Software, technology e telecommunications

Object

Assistance to a leading player in managed services in Europe which has more than 1800 employees, spread over 24 locations in Europe during a litigation filed by the self-employee before the Labour Court of Milan.

Summary of matter

The litigation has been based on the representation that the self-employee has carried out the duties assigned as an employee and not as a self-employee.As consequence the self-employee has claimed for (i) the reclassification of the consultancy agreement into an employment relationship with status of Dirigente status; (ii) the unlawfulness of the dismissal and the ....

Type of assistance: Social security law

Sector: Transportation

Object

Litigation before the Labour Court.

Summary of matter

De Luca & Partners assisted a private foreign airline and its legal representative in the proceedings before the Varese Court introduced by the latter, against the inspection report issued by the INPS and the ITL, concerning the alleged illegitimate secondment of no. 31 employees hired in Spain (place of the Company registered office) and seconded ....

Type of assistance: M&A & extraordinary operations Restructuring

Sector: Pharmaceutical

Object

The Firm assisted an international group – with 80 years of experience, in research, development, production and marketing of medical products for specific sectors – in the exclusive distribution operation leading to the acquisition of the Target company.

Summary of matter

This case involved analysing and conducting due diligence on all agency and distribution agreements entered into with the target, as well as on employment relationships with employees.

Type of assistance: M&A & extraordinary operations Restructuring

Sector: Architect and design

Object

The Firm assisted a Company belonging to an international Group operating in the luxury forniture sector in the reorganisation of several company divisions, implementing actions aimed at rationalising activities and professional profiles.

Summary of matter

The Firm prepared a feasibility study on the foregoing operation, defining timescales, identifying risk areas and possible solutions to be implemented to reduce the impact of the rationalisation of resources and activities for both the client Company and the workers. In that case, the Firm also prepared letters to initiate the procedure set out in ....

Type of assistance: M&A & extraordinary operations

Sector: Life Science and Clinical Diagnostics

Object

The Firm assisted a Company that manufactures products for scientific research and clinical diagnosis and distributes them around the world, in the reorganisation of its Sales and Marketing structure, implementing actions aimed at rationalising activities and professional profiles.

Summary of matter

The Firm prepared a feasibility study on the foregoing operation, defining timescales, identifying risk areas and possible solutions to be implemented to reduce the impact of the rationalisation of resources and activities for both the client Company and the workers. In that case, the Firm also prepared letters to initiate the procedure set out in ....

Type of assistance: Industrial relations

Sector: Home Decor

Object

The Firm has assisted an international company active in the Home Decor sector following the decision of its board to discontinue the business activities and to put the company into voluntary liquidation.

Summary of matter

The Firm has assisted the company during consultation with the trade union organizations regarding the concession of the Extraordinary Wages Guarantee Fund for discontinuation of business activities, which ended on 7 July 2015, and during the subsequent submission of the application to the Ministry of Labor. Following admission of the company to the arrangement with ....

Type of assistance: Agency agreement

Sector: Tertiary

Object

The Firm assisted an international group with over 50 years of experience, leader in the distribution of consumer and professional products for specific sectors, in the implementation of a project to improve sale processes.

Summary of matter

The Firm has assisted the Client in the drafting of the new agency agreement that the Client asked to prepare in the light of the current and complex needs of the Company.

Type of assistance: Employment & labour Labour dispute resolution/Litigation

Sector: Industrial Engineering

Object

Assistance in the dismissal of its General Manager and his removal from the office of Managing Director to an engineering company and supplier of plants and equipment for the processing of gas and oil for over 80 years.

Summary of matter

The firm assisted the Client in the dismissal of its General Manager and his removal from the office of Managing Director. The Firm also assisted the Company in the attempt to reach an out-of-court settlement following the executive’s appeal. The Firm was later instructed to assist the Company in the proceeding brought by the executive ....

Type of assistance: Labour dispute resolution/Litigation

Sector: Architect and design

Object

Assistance in labour law and disciplinary dismissals to a company that operates in the top-range domestic and professional lighting sector, the world leader in the lighting industry.

Summary of matter

The Firm has assisted the Company for many years in all issues connected with labour law. As part of its assignment, the Firm has assisted the Client in a number of cases of employee disciplinary dismissal for thefts committed at the Company’s premises.  The Firm also successfully assisted the client in a legal action brought ....

Type of assistance: Employment & labour

Sector: Designer Furniture

Object

Legal consultancy to an Italian company – leader in the production and sale of luxury furnishing – concernig the dismissal of the General Manager.

Summary of matter

The firm assisted the Client in the process aimed at terminating the employment relationships with its former general manager. The Firm analyzed the feasibility of the dismissal for objective reasons of the manager, identified the risk areas and the possible solutions aimed at reducing the impact on the Client. In this respect, the Firm also ....

Type of assistance: M&A & extraordinary operations Restructuring

Sector: Energy

Object

Our firm has assisted one of the main electricity suppliers in Italy in the acquisition of 70% of the share capital of the Target Company.

Summary of matter

Thus, the transaction led to acquiring the exclusive control of the Company and consolidates its position in energy services. Our law firm was assigned the task to provide support in the aforementioned acquisition, performing accurate Due Diligence about the Target Company in order to assess the critical elements and risks associated to said transaction and ....

Type of assistance: M&A & extraordinary operations

Sector: Pharmaceutical

Object

The Firm assisted the fund in the acquisition of a pharmaceutics company active in the planning and implementation of scientific information campaigns on drugs on behalf of third parties.

Summary of matter

The operation involved analysing and solving complex issues associated with contract working and manpower supply, which were decisive in the operation’s feasibility study. Of particular importance, in this case, were the regulations applying to fixed term contracts and the derogations from the quantity restrictions set in the CCNL collective bargaining agreement during the negotiations at ....

Type of assistance: M&A & extraordinary operations Restructuring

Sector: Digital Marketing

Object

Assistance, having regard to the Italian branch, in the reorganisation of an international Group operating in the field of digital marketing technology, which involved around 170 dismissals at global level.

Summary of matter

In addition to the Italian branch, the operation as a whole involved branches in the following countries: Great Britain, The Netherlands, Germany, France, Spain, Denmark, Poland, Israel, Australia, Republic of China, Brazil, Argentina, Mexico, USA, Canada and the Philippines and entailed a significant level of coordination between the professionals involved in the different jurisdictions. 

Type of assistance: Labour dispute resolution/Litigation

Sector: Digital technologies

Type of assistance: Agency agreement

Sector: Designer Furniture

Object

The firm assisted an Italian company leader in the production and sale of design and high quality products fot home furnishings in occasion of the reorganization of the sales representatives chain, achieved also through the termination of several agency contracts.

Summary of matter

In particular, the firm analyzed the feasibility of each termination of the aforementioned contracts, identifying the risk areas and the possible solutions aimed at reducing the potential liability and operational impact on the Client. Our firm also assisted Kartell facing the litigation which followed the reorganization in certain single cases.

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 ....

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 ....

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 ....