Legal Advice and Assistance in negotiating executive employment contracts and specific contractual clauses (incentive plans, minimum duration, golden parachutes, non-compete and confidentiality clauses, etc.) Assistance during out-of-court dispute and with possible termination of executive employment contracts (payment of compensation, benefits or indemnities of different kinds, revocation of powers, disciplinary proceedings and dismissals and/or redundancies), as well as in managing negotiations with a strong focus on results Legal assistance during lawsuits as claimant or defendant (e.g., fees and compensation for damages, defence against liability lawsuits, breach of loyalty or non-compete obligations)
Assistance to ExecutivesManaging Director of the Italian branch of a German Energy and Gas Multinational with over 62,000 employees: out-of-court assistance in negotiating a settlement agreement following his dismissal, as well as in drafting an executive employment contract and a directorship agreement with a commercial company operating in the energy efficiency sector, providing a minimum duration clause and three times more favourable protections than those provided by the NCBA in case of dismissal. South EMEA Vice-Chairman of a U.S. group with a leading position in solutions for business and facility management and over 170,000 employees worldwide, who was also member of the board of many companies within the same group: legal advice and assistance with the termination of his employment and directorship relationship, and the negotiation of an incentive to leave amounting to over three year’s compensation. Assistance to the CEO and GM of the Italian subsidiary of a leading Anglo-Saxon IT group, with the termination of directorship and executive employment relationships and related non-compete agreement, in claiming the incidence of the stock grant value on the TFR (i.e. end of service payment), in the hiring, at the same position, by a growing competing leading multinational group and assistance also with the following rejection of the claim brought by his previous employer for alleged violation of the confidentiality clause and unfair competition. Leading Spanish group operating in luxury fashion, perfumes and thermal dermocosmetics: assistance with the turnover of the Country Managers of the Italian branch of the Spanish holding company in negotiating the termination of their executive employment contracts and assistance in drafting new executive employment contracts for the Country Managers engaged by the Italian subsidiary of a French company of the group. Assistance for an executive specialized in restructuring and business relaunch of companies in crisis in a private-equity deal with an Italian fund in the acquisition of an important fashion sportswear group and the associated luxury brands and products: assistance in negotiating and drafting the employment contract and compensation package as CEO (with target bonus scheme and maximisation of a millionaire bonus and way-out clause).
Assistance to companiesBelgian groupowning and managing approximately 615 parking facilities in 340 European cities: assistance in drafting agreement for the Managing Director and executive of the Italian company and in structuring a bonus system. Assistance to a LeadingEnglish group operating in advertising and marketing consulting with billing of over $10 billion with issues relating to coexisting positions as director and executive held by certain senior individuals within the group and in drafting guidelines for managing simultaneous roles within different companies of the group. Multinational leader in the strategic consulting: assistance with a recruiting project involving more than 20 strategic consultants from major competing groups, bound in different ways by non-competitive agreements governed by Italian and US law. Premier Spanish banking group:assistance with a complex issue relating to labor social security and tax law concerning a pre-jubilacion plan governed by Spanish law and with provisions incompatible with Italian law to be implemented in the employment contract with the Country Manager (the plan was implemented in compliance with the original parameters, while optimizing the social security and tax impact through an innovative scheme that involved the drafting of a master agreement, a novation agreement, a preliminary mutual termination agreement, a special escrow agreement and, lastly an union settlement agreement entered into many years after the signature of the preliminary agreement). Leading Multinational brewing companywith approximately 86,000 employees: assistance with the termination of the employment relationship with a senior executive in charge of the operations in Italy, originally sent to Italy on secondment and then engaged under a local contract. Premier global consulting company: assistance with the summary dismissal of a senior executive and the following claim of a value of €3.6 million (for damages due to unlawful dismissal, deskilling, non-assignment of shares, non-payment of sundry compensation and damage to his professional reputation). Premier listed English bank: assistance in structuring the dismissal and with the following lawsuit brought by a Top Manager in charge of the Corporate Finance & Advisory department, claiming the unlawfulness of his dismissal and compensation for damages (value of the claim of approximately €6 million). Italian publishing company: assistance in structuring the summary dismissal and with the following lawsuit brought by the editor-in-chief of a well-known financial periodical.
