SIMONA LAVAGNINI TO SPEAK AT A WEBINAR ORGANIZED BY MICROSOFT ON THE RISKS OF COUNTERFEIT SOFTWARE

20/06/2017

On June 27, at 11 a.m., Ms. Simona Lavagnini will speak at a webinar organized by Microsoft on the enhancement of the software assets of the company, the legal consequences of the sale and use of counterfeit software, and the ways to manage IT contracts and software licences.

 

Software has now become an important resource for all companies which often find themselves having to manage a certain number of IT contracts dealing with software development, outsourcing or use licenses. It is essential for companies to know about the features of such contracts, the risks connected to them and the best ways to control them with a view to optimizing use of resources and avoid incurring in negative consequences.

Ms. Simona Lavagnini, partner at LGV Avvocati, will provide a comprehensive view of rights over software, also dealing with the civil, criminal and administrative consequences connected to use of unlicensed software or non-compliant licences. She will examine the cases in which protection is provided by copyright law and the infringements and remedies available in the field of unfair competition and consumer protection law. Ms. Lavagnini will also give some important advice for identifying unauthentic software and avoiding the risks associated with use of such software.

Mr. Paolo Valcher of the Software Asset Management and Copyright Protection division and Mr. Marco Cattaneo, Product Marketing Manager Windows Commercial, both from Microsoft Italia, will also be speaking at the webinar.

Registration is available by filling out the form available at the following link: https://info.microsoft.com/WE-NOGEP-WBNR-FY17-06Jun-27-SoftwareFakeImparaariconoscerliedevitairischi-335046_01Registration-ForminBody.html.


TANKRED THIEM IN CAGLIARI FOR THE TENTH ANNIVERSARY OF DAV ITALIA

15/06/2017

Tankred Thiem has been a member of the administrative board of DAV Italia, the local division of the Association of German Attorneys (Deutscher Anwaltsverein – DAV), from its very founding. The organization will now celebrate its 10 years of activities during a three days event in Cagliari (16-18 June).

 

Mr. Tankred Thiem – who is admitted to both the German and Italian Bar – has been a member of the administrative board of DAV Italia for nearly ten years. His activities within the Association of German Attorneys are but one aspect of the long-lasting and wide spread German-Italian relationship, a context within which LGV, over the years, has established significant and highly productive ties with important German law firms and multinational companies.

As member of the board, Mr. Tankred Thiem contributed to the organization of the conference celebrating 10 years of activities of DAV Italia, the local division of the Association of German Attorneys (Deutscher Anwaltsverein – DAV), that will take place over the course of three days (16-18 June) in Cagliari. All the local DAV associations have been invited to celebrate this important anniversary. The German General Consul Mrs. Jutta Wolke of Milan and the former MP Oskar Pederline – currently a Professor at the University of Bolzano- will attend the conference as guest and speaker.

With over 67.000 members, DAV (German Attorneys Association) is the largest lawyer association in the world. It is structured in local and regional organizations and currently comprises 15 foreign organizations including DAV Italia. The activities of DAV are closely scrutinized by German media and political representatives alike and it functions both as a primary platform to maintain and strengthen networking capabilities as well as to gain expert insight in the latest developments in each particular legal branch.


SOLE DIRECTOR OR BOARD OF DIRECTOR OF AN S.P.A. SEIZURE OF COMPENSATION WITHOUT THE RESTRICTIONS SET BY ART. 545 OF THE CODE OF CIVIL PROCEDURE

01/06/2017

The Supreme Court (Joint Divisions), with judgment of 20 January 2017, no. 1545, have decided that a sole director or board of director of an S.p.A. (Italian public limited company) are both bound by a corporate relation which – considering the organic identity that occurs between the natural person and the entity, as well as the absence of a requirement of coordination – is not included among those provided under no. 3 of art. 409 c.p.c.. It follows that the compensation due to the above mentioned subjects for the functions carried out in a corporate context can be seized without the restrictions pursuant to the fourth paragraph of art. 545 c.p.c..

 

Following the expropriation of goods in the possession of third parties, upon commencement of such procedure by a bank against a debtor, the first instance judgment decided that the bank should be awarded the total sum set aside by the third parties by way of compensation for their activities. The debtor was a director of one of the third party companies subjected to the seizure as well as a member of the board of directors of one other of such companies. The debtor opposed the interim judgment of assignment, arguing that his activity should be qualified differently, in particular, according to the director, it should fall within the scope of application of Article 409 number 3 of the Code of Civil Procedure, so that in fact a restriction to the seizure would apply (up to a fifth of the salary). The Court upheld the director’s opposition, qualifying the work carried out by the debtor as self-employed, which therefore limited to a fifth the assignment of the sums set aside by the third parties subjected to the seizure. The bank filed a petition to the Supreme Court.

The query submitted to the Joint Divisions of the Supreme Court was whether the determination of the relationship between the public limited company and its director could be qualified as self-employment or autonomous work and, consequently, whether the restrictions on the seizure of salary, equal to one fifth of that, as provided by the fourth paragraph of art. 545 c.p.c., could apply to compensation and wages of the director.

Until the decision in this case, the case law amounted to several consecutive decisions that traced their origins back to the 1980s, and from which two orientations emerged. One of these excluded that, in the context of a governance relationship, there could be an identification of two distinct centres of interest between whom there is an exchange of services, because the regime applicable to S.p.A.s is regulated in such a way as to confer on the director-representative the structural attributions of a body, thereby excluding the existence of a relationship of self-employment and upholding the so-called organic theory. A different orientation was that represented by the so-called contractual theory, which traced the disputes in question to art. 409 no. 3 c.p.c., viewing the relationship between the director and the S.p.A. as possessing the features of continuity and coordination with the activity carried out by the company, features that are required by the regulation in order to determine the jurisdiction ratione materiae of the employment law Court.

A solution to that debate was initially found by the Supreme Court (Joint Divisions) with judgment no. 10680 in 1994, a decision that favoured the qualification of the governance relationship as autonomous work, pursuant to art. 409 no. 3 of the c.p.c., on the basis that “within the corporate organization there are obligatory relations that arise from a continuous, coordinated and prevalent activity, and it is irrelevant that the director is not in a weak contractual position vis-à-vis the company”.

With the present judgment, the Supreme Court (Joint Divisions), annulled the decision appealed by the creditor and rejected the opposition filed by the debtor. The Supreme Court held that the principle stated by the Court of first instance on the restrictions applicable to the credit was wrong, and instead decided that the compensation due to the directors for the activities carried out within a corporate context can be seized in their entirety.


LEADERS LEAGUE 2017: LGV IS RANKED AS LEADING LAW FIRM FOR COPYRIGHT AND AS EXCELLENT LAW FIRM IN TRADEMARK AND PATENT LITIGATION

26/05/2017

LGV is rated  as a “leading” law firm for copyright, and is confirmed as “excellent” in trademark and patent litigation.

 

Leaders League – the Paris company that rates professional firms active in the specialist sectors of each country – has included LGV in the category of law firms deemed “leading” among those specialized in copyright, confirming it for the second year in a row as “excellent” law firm in trademark and patent litigation. The 2017 guide takes into account the very high quality of the service offered by the firm in the copyright sector, as well as LGV’s activity as litigator with respect to trademarks and patents.

Leaders League, in particular, highlights as follows: “Copyright, as applied to new technologies, constitutes one of the core practices at LGV. The firm has dealt with all types of work originating in the digital and online world, and has become highly specialized in the protection of software, video games, online and offline databases, and issues related to systems of protection, collecting societies and lobbies. According to the guide, LGV differentiates itself because: “The team of 13 lawyers, entirely dedicated to IP and commercial issues is one of the largest in the market. LGV is a dynamic boutique with an international outlook thanks to a department specifically focused on the Korean market, in addition to a business desk dealing with Germany and other German-speaking countries. The team also has strong experience in the management of cross-border litigation.”

The top level ranking published by this prestigious directory further strengthens the presence and influence of LGV in the international context and recognises the firm’s preeminent role in an ever more competitive global market. For details, please visit: http://www.leadersleague.com/en/rankings/2017-ranking-of-the-best-law-firms-in-copyright-in-italy#dee6d702-f584-4271-8882 -c1708508845b


TANKRED THIEM AT THE 2017 DEUTSCHER ANWALTSTAG

24/05/2017

As in previous years, Mr. Tankred Thiem, head of LGV’s German department and member of the board of DAV Italia, participates at the Deutscher Anwaltstag in Essen, Germany.

 

The principal event of the Association of German Attorneys (Deutscher Anwaltsverein – DAV) is held over the course of three days (24-26 May) and will be inaugurated by the German Justice Minister Mr. Heiko Maas. With over 67.000 members, DAV is the largest lawyer association in the World. It is structured in local and regional organizations and currently comprises 15 foreign organizations including DAV Italia. The conference is structured in seminars and working groups addressing all fields of law, and has been closely scrutinized by German media and political representatives alike. It functions both as a primary platform to maintain and strengthen networking capabilities as well as to gain expert insight in the latest developments in each particular legal branch.

Mr. Tankred Thiem – who is admitted to both the German and Italian Bar – is member of the administrative board member of the DAV Italia, which was founded in 2006, for nearly ten years. The activities within the Association of German Attorneys is but one aspect of the long-lasting and wide spread German-Italian relationship, a context within which LGV, over the years, has established significant and highly productive ties with important German law firms and multinational companies.