Lorenzo Bacciardi

In this video, Lorenzo Bacciardi of Bacciardi and Partners sits down to discuss how he uses the IR network and membership, why it is important to be a member or a network like IR, his involvement in the ‘Dealmakers’ conference in Rome, his role and objectives of the M&A group and then goes onto explain…

Foreign companies with subsidiaries in Italy must ensure they have complied fully with corporate governance regulations, particularly those related to the deployment of foreign executives. Failure to do so can lead to significant legal issues. Subsidiaries in Italy can be formed either as “Società per Azioni” (Spa) or as “Società a responsabilità limitata” (Srl). The…

A remarkable and paradigmatic case shows the widespread diffusion of the IR Global network and proves that cooperation among Members’ firms leads to success: four IR Global Members’ firms – Bacciardi and Partners (Italy), Advokatfirman Nova AB (Sweden), SKW Schwarz (Germany) and FBP Legal (Italy) – lead their clients through the storm of an international…

Punitive damages have long been considered extraneous to the Italian legal framework. For the first time, with the landmark judgement no. 16601 of 5 July 2017, the Joint Divisions of the Italian Court of Cassation ruled in favor of the enforceability in Italy of foreign decisions awarding punitive damages (usually issued by Courts outside the…

When an international commercial dispute arises, one of the first and most important issues to tackle is to identify what court has jurisdiction on the case.  In the presence of a jurisdiction clause in the contractual documents, this is usually a straightforward task, although arguments about the effectiveness of the clause itself may always be…

M&A Insurance has taken a while to be adopted in Italy, primarily because it is a practice that comes from common law. As a civil law country, it took a while to be adopted in Italy, but statistics show that the use of W&I insurance cover is increasing quite substantially both in domestic and in…

Insurance helps generally across all transactions because it really simplifies the negotiations of contract terms with the counterpart. It is a facilitation tool that eases the negotiation process, and we have used it to cover potential negligence in reporting on financial contracts or compliance breaches. It is commonly used where the parties represent and warrant…

In my opinion, insurance cover in M&A transactions will surely grow significantly during the next three to five years. We have statistics at the moment that are based on 2016/17 and we have seen a great increase in coverage. We can report that 7 per cent of acquisitions valued below 25 million used M&A insurance…

The North American market (US – Mexico – Canada) is the most promising export market for Italian products. However, this market is marred by major flaws, furthermore Italian and European companies managing the export of goods or the temporary deployment of workers and professionals to the US, will soon have to come to terms with…

Cross-border M&A transactions are usually more complex and sophisticated when compared to the domestic ones. This is primarily due to the fact that there is a need to bridge the cultural differences of the involved parties as well as the practical approaches adopted by the same. I would advocate doing your homework and coming to…

Relaxing the tempo is a good technique, adjourning meetings in such a way to allow the parties to further review the applicable rules and/or reflect on alternative solutions. They can then come back to the negotiation table with a proactive and constructive approach, in order to overcome the obstacle and reach a mutually acceptable and…

In a recent cross-border M&A transaction, we had a foreign party negotiating and successfully convening with the Italian party a call option right whereby the foreign party would be entitled to purchase a certain amount of share capital of the company owned by the Italian party. The foreign investor intended to secure that the Italian…