AREAS OF ACTIVITY

AREAS OF ACTIVITY

Ristuccia Tufarelli & Partners has a distinguished and solid tradition of legal expertise spanning more than fifty years, combining a deep knowledge of the main areas of law with a strong multidisciplinary approach.

Specialising in strategic areas such as Banking, Financial and Securities Markets Law, Tech, AI, Data Protection and Cybersecurity, Administrative Law, Public Contracts and Regulation, Electronic Communication, Corporate and Capital Markets, the Law Firm offers tailor-made legal solutions that meet the specific needs of its clients.

Thanks to its constant focus on knowledge, technological innovation and regulatory change, the Law Firm accompanies its clients on a path of growth and transformation, supporting them in tackling challenges related to digitalisation, sustainability and governance.

The ability to integrate legal expertise with a business-oriented vision allows to anticipate and manage risks, optimising development opportunities and protecting clients’ interests in an increasingly complex and global context.

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BANKING, FINANCE AND SECURITIES LAW

With regard to relations between intermediaries and investors and to enforcement procedures of the supervisory authorities in the banking and financial sectors, the Law Firm has thirty years of experience in all the stages that may precede possible litigation (e.g. administrative, conciliation and out-of-court negotiations, etc.) as well as in the management of any Civil and Administrative litigation, including assistance and representation before the Constitutional Court and the Court of Justice of the European Union.

Over the years, the same methodology has also been applied in relation to matters concerning corporate reporting, liability actions against corporate officers, takeover bids, asset management, and all types of derivative contracts.

The know-how acquired in other areas of law has enabled the Law Firm’s professionals to assist banks and authorised intermediaries also in extraordinary administration and compulsory administrative liquidation procedures, debt restructuring operations (including NPLs and UTPs) and bankruptcy procedures involving financed entities, as well as in the preparation of anti-money laundering and privacy procedures and the implementation of related risk prevention and management systems.

Moreover we:

– support banks and intermediaries in evaluating IT platforms with implications for online trading, digital and graphobiometric signatures and fintech solutions;

– assist entities authorised to provide electronic payment and e-money services.

TECH, AI, DATA PROTECTION AND CYBERSECURITY

Our Law Firm specialises in Information and Communication Technology (ICT) law consultancy and in being part of multidisciplinary teams in innovative projects aimed at digitising processes and procedures, both in the private and public sector.

The Law Firm’s professionals are able to dialogue with process analysts and ITC technicians, and are constantly updated on industry quality standards and regulations (ISO/IEC) and national and European regulations on the digital services market, information and systems security, data governance and data protection, cybersecurity and artificial intelligence.

We have constant relations with the EU and national authorities involved in regulating the aforementioned matters and we are able to offer appropriate solutions for compliance with the constraints inherent to the security and resilience of systems and with regulations concerning data protection, artificial intelligence and the correct configuration and organisation of internal control systems.

ADMINISTRATIVE LAW, PUBLIC CONTRACTS AND REGULATION

Ristuccia Tufarelli & Partners advises in all administrative proceedings, from request stage to participation in the proceedings, and also assists in any litigation and enforcement phase.

The Law Firm has recognised expertise in the field of public procurement and concession contracts, from proposal, tender and subsequent execution, to administrative and civil litigation, from procedural sanctions and guarantees handling to price revision, contract variations and penalties, with a significant track record in the field of aggregate procurement and framework contracts.

It also advises and provides legal assistance related to public services and in house companies, administrative liability, constructions, urban planning and environment.

The Law Firm’s professionals gained significant experience in handling administrative procedures before independent authorities (such as AGCM, AgCom, ANAC, AIFA, Garante per la Protezione dei Dati Personali, Banca d’Italia, Consob, etc.), ministries and supervisory administrations, and in assisting and representing clients in the subbsequent litigation.

The Law Firm provides assistance in the settlement of the relevant disputes both in court – before all national and supranational jurisdictions – and out of court, having gained experience before the administrative justice system at all levels (Regional Administrative Court, Council of State, Court of Auditors, Superior Court of Public Waters) as well as before the Court of Cassation, the Constitutional Court and the Court of Justice of the European Union.

CORPORATE AND CAPITAL MARKET

The Law Firm offers consolidated experience in consultancy activities, also on an ongoing basis, in favour of businesses and companies operating in various market sectors in order to offer tailor-made solutions to its clients, from the start-up phase to the eventual winding-up and/or liquidation of assets. Moreover, it accompanies its clients in processes of growth, reorganisation and/or transformation, business and/or market evolution, also being able to manage the company secretariat and legal function in outsourcing.

The Professionals in this area support the top management, executive and non-executive board members, and the board committees in organising, managing and holding the relevant meetings, in building an adequate corporate governance model, the system of prevention, management and control of corporate risks, also pursuant to art. 2086 of the Italian Civil Code, which imposes the obligation to adopt an adequate organisational system to prevent corporate crisis situations and to intervene promptly, with the aim of improving governance and reducing the risks of insolvency, also in order to support clients in building a solid basis for the protection of their top management.

The Professionals have a solid expertise in the drafting and implementation of corporate policies, board evaluation processes, preparation of incentive plans and remuneration policies, RPT and MAR procedures, in mapping and redefinition of delegations and powers in line with best practices, the Corporate Governance Code, and applicable general and sector regulations.

Lastly, the Law Firm’s professionals have consolidated experience in providing training and induction courses for top management and the corporate population, also with a view to implementing internal awareness programmes.

GOVERNANCE RISK AND COMPLIANCE

We effectively support our clients in the implementation, adaptation, monitoring and improvement of systems aimed at risk prevention as well as compliance with the specific provisions governing regulated economic activities.

In this area, the Law Firm’s professionals possess extensive and consolidated experience in “responsible management” of processes and risks that allows for the alignment of the company or entity’s management and operational system with the applicable system of standards and regulations, at national and international level, according to best practices.

Our professionals are able to assist Clients in structuring an efficient and tailor-made integrated Corporate Governance, Risk Management and Compliance System in order to achieve long-term objectives consisting in the protection of the company, stakeholders and governing bodies through the structuring of appropriate corporate structures.

ELECTRONIC COMMUNICATIONS LAW

The Law Firm has 20 years of experience in advising and litigating in favour of operators in the electronic communications sector.

Professionals of our Law Firm cover regulatory and competition aspects as well as administrative and contractual issues, both in private contracts – including consumers ones – and in public contracts. They also assist clients through the relations with the National Regulation Authority, both in participating in public consultations, from market analysis to the evaluation and regulation of public interventions, as well as in dispute resolution procedures between operators and for access to infrastructures, and also challenging in court the Authority’s resolutions.

They assist clients on competition profiles, including state aid, and relations with the antitrust authority, both in proceedings and litigation.

They support operators for authorisation profiles at state level – including the exercise of golden power – and at local level, in relation to installation authorisations. In dispute resolution, the Law Firm enjoys a recognised expertise in dealing with economic, technical and technological profiles, gained in litigation and arbitration proceedings with in-depth investigations and technical advice.

LITIGATION, ARBITRATION AND ADR

The Law Firm has consolidated experience in the management of litigation before ordinary and special courts, the Constitutional Court and the Court of Justice of the European Union, in the areas of civil, commercial and administrative law and in almost all fields of business activity (industrial, financial, distribution, digital, real estate, agri-food, insurance, medical, pharmaceutical, energy, telecommunications, etc.).

In Italy, the activity is carried out by covering the entire national territory, being able to leverage, where necessary, an established network of correspondents.

The Law Firm also offers assistance in arbitration and before conciliatory or alternative dispute resolution bodies (also in the form of assisted negotiation), especially in the areas of banking, financial markets and telecommunications law, including in relation to consumers issues.

Our information technology systems and our process organisation enable our Law Firm to manage litigation efficiently, providing each client with timely reports tailored to internal operational processes, for the purposes of risk analysis (of losing or recovering claims) and the management of settlements in the case of serial judgments.

We support clients in debt restructuring operations and/or in bankruptcy proceedings, both in active and passive positions and in credit recovery, starting from the extrajudicial phase, which is always aimed at a preliminary attempt to settle the dispute amicably also thanks to the transversal experience and multidisciplinary nature of our people.