Categoria: News

NEGOTIATED SETTLEMENTS: AN OVERVIEW OF THE MOST RECENT CASE LAW.   Despite the fact that this is a very recently introduced institution, some Courts have already had the opportunity to express their opinion on specific aspects. It is useful to briefly review the main provisions filed to date concerning the negotiated settlement and, with the…

TOWARDS AN INCREASING DIGITALISATION OF PUBLIC PROCUREMENT: THE TYPE OF CALL TO TENDER OF ANAC (NATIONAL AGENCY AGAINST CORRUPTION) AND THE VIRTUAL FILE OF ECONOMIC OPERATORS.   On 8 January 2022, the first type of call to tender (hereinafter “Tender Rules”) for the digital management of public procurement contracts for services and supplies above the…

How “pulp” are NFTs? The NFT landing in the movie industry: the “Pulp Fiction” case.   On November 16th, 2021, Los Angeles-based entertainment company Miramax has sued Quentin Tarantino before the US District Court for the Central District of California, for his planned sale of NFTs (Non-Fungible Tokens) related to the 1994 movie “Pulp Fiction”…

Autonomous guarantee contract and compound interests clauses.   As is well known, the autonomous guarantee contract is characterized by the absence of a substantial link with the underlying contract (also so called guaranteed contract); on the contrary, such link is typical of the ordinary guarantee contract. In other words, under the autonomous guarantee contract the…

IBA training in business and human rights: a roundtable discussion 3 December 2021, 0915-1430 GMT, online A webinar presented by the IBA Legal Policy & Research UnitThe Covid-19 pandemic has brought to the fore the need to adapt the present economic model towards greater environmental and social sustainability. The recovery plan of Next Generation EU…

Investment services: breach of disclosure obligations.   By judgment No. 24010 of September 6, 2021, concerning damages for breach of information obligations in the provision of investment services, the Court of Cassation clarified some procedural and liability aspects relating to the joint and several liability of financial promoters (“promotori finanziari”) and intermediaries.   In particular,…

The joint civil sections of the court of cassation on the merger by absorption: survival or extinction of the absorbed company?   The Joint Civil Sections of the Supreme Court of Cassation have recently pronounced on the legal qualification of the “merger” and on the legal standing of a company merged and cancelled from the…