Cartwright Pescatore Commercial Law Firm
Cartwright Pescatore Commercial Law Firm acts for domestic companies and multi-national corporations, providing a wide range of legal services, in particular, in company and commercial, insolvency, banking and finance and commercial litigation matters. The firm aims to offer a timely, high quality and tailor-made service.

Our specialisation in international matters is guaranteed by the fact that the firm counts amongst its members a number of foreign lawyers (some of which are also qualified in jurisdictions other than Italy), by a close network of lawyers in countries throughout the world and the ability to handle matters and supply our services in English, German, French, Spanish and Russian. Combining tradition and innovation, we aim to provide our clients with high quality legal services, approaching each matter with a creative spirit, while never abandoning practicality. The firm has particular experience in the field of international trade in the area of commercial law, company law, insolvency law, intellectual property and information technology law, in addition to both domestic and international arbitration.

The international edge to the firm is reflected by the fact that there are several foreign lawyers within the firm which enables services to be provided in English, German, French and Spanish, naturally as well as Italian.

Corporate and Commercial law
BCP has considerable experience in representing Italian and foreign clients in all their general corporate and commercial matters.

We represent and advise our clients on the formation and structuring of business activities in Italy and abroad, and assist a large number of foreign clients in the establishment and operation of activities in Italy.

We also have considerable expertise in drafting and negotiating commercial agreements, including supply of goods and services, agency, distribution and franchising agreements, patent, trademark and know-how licensing agreements, construction and engineering contracts and joint venture agreements.

Mergers and Acquisitions
Our M&A work includes, acquisitions, divestitures, sales of companies and of holdings in companies, transfers of businesses or branches of business and corporate reorganisations and joint ventures. We have represented and assisted start-ups, as well as established multi-national corporations in such various transactions.

Our activities in this field range from the preliminary activities to the completion of the transaction and include undertaking due diligence, the preparation and negotiation of all the main documentation and agreements, together with the usual ancillary agreements, such as loan agreements, guarantees, supply and service agreements etc.

Given the complexity of many M&A transactions, the firm's knowledge of relevant tax issues and its capabilities in its other practice areas, such as E.U. and Competition law, Company and Commercial law, Intellectual Property and Information Technology and Banking and Finance provide the firm with the ability to handle all aspects of M&A transactions.

Further, the firm works closely with specialised employment lawyers and, together with these lawyers, is able to offer clients advice and assistance in relation to employment law matters, in particular, during the course of transactions such as mergers and acquisitions, reorganisations and restructuring of businesses, in addition to the preparation of employment contracts and the resolution of disputes between employers and employees.

Banking and Finance lawThe firm's banking and financial services practice extends to a wide area of banking and finance law, including:
- corporate and commercial lending and securitised financing;
- receivables financing, equipment leasing and sale and leaseback transactions;
- trade and export finance lending, including performance bonds, guarantees, and letters of credit;
- forfaiting and discounting transactions and documentation (the firm has particular expertise in innovative transactions involving assignments of credits and the raising of finance);
- asset and project financing, investment funds;
- restructuring and transfer of financial debts and loans.

Insolvency law
We advise on and deal with a wide range of insolvency and bankruptcy matters and corporate recovery and restructuring matters, often with a cross-border element, representing both secured and unsecured creditors, debtors, equity holders, boards of directors and officers and liquidators.

Our insolvency and bankruptcy practice is complemented by our knowledge in other areas in which we have expertise, such as, Company and Commercial law, Banking and Finance law, Intellectual Property and Information Technology and Arbitration and Alternative Dispute Resolution.

Time is of the essence in rapidly evolving insolvency situations. Whenever and wherever required, we act swiftly to take protective measures or to conclude transactions to secure assets, prevent their dissipation or realise them as appropriate. In particular, we understand the need to work flexibly and proactively to achieve our clients' objectives in the most efficient and cost-effective way.

We frequently act in cases, involving conflicts of laws issues and cross-border litigation, tracing assets and pursuing insolvency procedures in foreign jurisdictions.

E.U. and Competition law
Competition law in particular, and other areas of E.U. law, affect a great number of business activities and transactions, including mergers and acquisitions, joint ventures, intellectual property, brand and technology licensing and most aspects of marketing, sales, pricing and distribution strategies.

Our work in this area includes:
- advising on merger control issues, including obtaining clearances from the Italian and EU authorities;
- advising businesses on the impact of competition law on a vast range of commercial agreements, including joint venture, licensing, distribution and franchising arrangements;
- free circulation of goods, services and capital;
- assisting clients with notifications to the European Commission and the Italian competition authorities;
- advising businesses on investigations by the competition authorities into restrictive agreements and abuse of dominant positions and assisting clients in the establishment of competition compliance programmes.

Intellectual Property and Information Technology
We advise on all aspects of contentious and non-contentious intellectual property across the entire spectrum, including patents, trade marks, copyright, design, trade secrets and unfair competition, in addition to assisting our clients in the management, exploitation and protection of all types of intellectual property.

We also assist clients with implementing and maintaining extensive licensing programmes and are experienced in conducting enforcement litigation and anti-counterfeiting campaigns both in Italy and abroad.

In recent years and to meet the changing markets, we have developed expertise in the internet and the use of new technologies and assist our clients with all issues relating to e-commerce, including electronic sales, electronic payment systems, data protection and digital signatures.

Domestic and international litigation; arbitration and out-of-court settlementWe are frequently called upon by our clients to provide advice and assistance at a pre-litigation stage when disputes or potential disputes arise with other parties. We aim to provide a timely, efficient and practical service and place a strong emphasis on undertaking a careful analysis of the costs and benefits of undertaking litigation.

The firm manages litigation in a broad range of commercial and corporate matters, including those relating to contractual disputes, directors' liability, unfair competition, product liability, insurance, avoidance of transactions within insolvency proceedings, property issues, patent and trademark infringements. We also undertake some recovery of debt work for some of our main clients.

We are well-equipped to represent the interests of our clients in legal proceedings in Italy and also abroad through our consolidated network of foreign correspondents. Further, the firm includes members qualified in the UK and Argentina and can thus provide advice and assistance in relation to legal proceedings in said jurisdictions.

We also represent clients in both domestic and international arbitration proceedings both ad hoc and with the major international institutions, including the International Chamber of Commerce and the Chamber of National and International Arbitration of Milan. Where necessary, we can count on the assistance of our foreign correspondents to provide advice and representation in relation to arbitration proceedings held abroad and/or where a foreign law governs the proceedings.

Finally, we are proud of our ability to assist clients in working out disputes and disagreements outside any formal process. Furthermore, we regularly provide our clients, be it during the drafting and negotiating of contracts or otherwise, with advice as to the best method and forum for the resolution of any potential disputes.

practice areas

General Practice

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