BRIDGING SERVICES IN INTERNATIONAL LITIGATION AND TRANSACTIONS
Interacting with foreign clients or with local counsel in other countries is difficult, not only because of language barriers but also because of legal and cultural differences. A lawyer who is familiar with both legal systems can help. While we can function as local counsel for Italy (Francesca Giannoni-Crystal operated in Italy for many years and we have established relationship with several Italian professionals), we can also assist you also when a local counsel is already involved.
Leveraging on Francesca Giannoni-Crystal ‘s dual formation as an Italian and as an American lawyer and on her experience in many domestic and international transactions, we can support other lawyers in international litigation and transactions.
In transactions we can help American attorneys to communicate with foreign clients or local counsel. We can also clarify particular issues, and the relevant legal framework. We can help make sense of – and so effectively make use of – the information supplied by local counsel. Drawing on the differences between Common Law and Civil Law systems, we can help identifying solutions and structures and we can support you in choosing negotiation tactics. We can also opine on specific issues of Italian law and help with legalization and apostille. See below for a list of some of our services in transactions.
In litigation we can support lawyers in both pre- and post-judgment activities in connection with lawsuits in Italy or with American litigation involving Italian individuals or entities. Even when a local counsel is already involved, we can support American lawyers in several ways. For example, we can help in tactical decisions (for example in evaluating the opportunity to sue in Italy or in settlement decision) by explaining the differences between Italian and US litigation. We can deliver opinions on particular issues and perform specific activities (e.g. service of process in Italy). We can also assist in overcoming communication barriers or difficulties, by suggesting questions or clarifying information. See below for a list of some of our services in litigation.
International Transaction Support
We can assist you both in your inbound and outbound transactions. Among others:
- – Assistance in reviewing your retainers with foreign clients
- – Service as a member of the legal team, performing a liaison activity between lawyers of different legal systems, national or international clients
- – Clarification of the different legal frameworks
- – Review of transaction structures
- – Assistance in strategic choices (e.g., request for personal guarantees, bank guaranties, letters of patronage, letters of credit)
- – Assistance in in-person meetings and conference calls with foreign clients and local counsel
- – Assistance in handling critical differences between Civil Law and Common Law (e.g, notarial issues )
- – Delivery of opinions (also third party opinion letters on Italian law)
- – Assistance in FCPA due diligence and investigations on Italian entities
- – Advice on Italian compliance requirements (e.g, privacy, antimoney-laundering and by referral, Consob/Stock Exchange requirements)
- – Italian bankruptcy issues (e.g., general advice on bankruptcy risks, preferential payment risks, etc.)
- – Advice on possible implication of European data protection
- – Privilege analysis with regard to corporate communications to maintain the privilege
- – Assistance in obtaining apostille and legalization
- – Assistance with filing and obtaining certificates from the Italian Registry of Companies and other registries (e.g., real estate registry)
- – Assistance in negotiation choices
- – Coordination of activities of local counsel
- – Referral of Italian attorneys, notaries, and tax consultants
International Litigation Support
Pre and post judgment litigation support in connection with litigation involving Italian individuals/entities in the US and US individuals/entities in Italy, including:
- – Prima facie evaluation of the case
- – Assistance in reviewing your retainers with foreign clients
- – Clarification of the legal framework and the litigation process
- – Research and opinions on specific issues
- – Review of foreign documents for privilege
- – Privilege analysis with regard to corporate communications
- – Assistance in service of process and taking of evidence abroad
- – Opinions of law/affidavits (e.g., regarding perfection of service of process abroad)
- – Assistance for in-person meetings and conference calls with foreign clients and local counsel
- – Assistance in negotiations
- – Referral to and coordination with local counsel, when needed
We can refer to and coordinate with local counsel in many countries if needed.
Contact our law firm or contact directly Francesca Giannoni-Crystal for more information
