PRACTICE AREAS: growth specialists

For this reason we focus heavily on digitisation, innovation, internationalisation, growth financing and debt restructuring for companies to relaunch. The Firm’s professionals are able to build complex national and cross-border transactions; they know how to manage the litigation stages before the most prestigious arbitration institutions. Our professionals have a wealth of resources and experience in corporate turn-around transactions and corporate compliance, significant practice experience in financial law, applied to extraordinary transactions (M&A, Private Equity, Venture Capital, Project Finance, IPOs). We provide support through our department dedicated to start-ups, seed investments and angel investments to favour our clients’ growth ambitions and the development of their ideas in the initial stages.

Practice Areas

There is no growth without a wise use of leverage. We assist our clients, mainly companies, but also funds and institutional investors, in the negotiation of facility agreements, syndicated loans, and in a wide range of banking and financial transactions.

We assist our clients in Project Financing, as a form of financing of public works. Public-Private Partnerships (PPP) are a specific form of partnership with public entities for the development of privately managed public projects, which have been particularly successful in recent years. The Firm advises on the entire PPP process, from the conception of the project to the award of tender, and up to assistance on the operational aspects of management. In this practice area, the Firm acts as a strategic partner for operators.

Lexxint advises Italian companies on day-to-day commercial activity in international markets, investments and generally in all international projects. The Firm assists clients in various languages based on the geographic areas of interest and with the possible support of a professional on site, thanks to the “Reanda” international network to which the Firm belongs and is the sole partner in Italy for legal matters. Our skills in this area supported by solid academic or post-university education (LLM / PhD) augmented by decades of experience in the field. The Firm’s experience ranges from the most typical international trade contracts (Supply, Turn-Key, Sale, Distributorship, Agency, License, Know-How Transfer, Loan Agreements), to documentary credits, transport and international guarantees. We handle all the phases of incorporation of companies abroad, the negotiation of the necessary joint venture agreements (corporate or only contractual) and any other corporate cross-border transaction. Lexxint also advises foreign investors wishing to enter the Italian market and helps clients in securing full compliance with the extensive Italian regulatory legal framework. The firm’s policy is rooted and implemented on the profound conviction that the best results in terms of value creation derive from working side by side with companies, also through training and education activities. Therefore, in addition to keeping management updated and contributing on every decision within its remit, the Firm also provides courses and workshops onsite aimed at training staff in contractual practices of foreign trade. The aim is not only to prevent disputes and to put the company in an advantageous position in any disputes, but also to make the clients’ employees take a safer and more informed approach. The most requested matters normally concern documentary credits, customs procedures, trade transportation terms and credit guarantees.

Lexxint provides assistance to multinationals and SMEs both in the preliminary stages of pre-trial and dispute assessment, and in any judicial stages in all areas of commercial and corporate civil law. The Firm frequently advises on cross-border disputes, significant disputes regarding commercial contracts, company and share sales and generally disputes relating to international trade, among other matters. We stand alongside investors and consumers in the protection of their rights by handling all areas of civil liability. The litigation group has long and extensive experience in appearing before state authorities at all levels and in national or international arbitrations, whether ad hoc or administered, in which they have garnered experience not only as lawyers advocating for clients, but also as arbitrators. Through a reliable network of international contacts we are able to assist our clients in all jurisdictions. 

Crisis is an opportunity. Even in the delicate transition of the firm in a state of crisis, Lexxint’s perspective is always that of growth. Overcoming the crisis, through debt restructuring, new financing or extraordinary transactions, such as spin-offs, mergers or acquisitions, certainly represent an opportunity for a company to relaunch its business. We provide our clients with our extensive experience in this sector to identify the most suitable procedure and mechanisms for their specific needs. 

We advise our clients, even medium-small clients, on restructuring agreements, arrangements with creditors and other “minor” insolvency procedures. We do not neglect smaller clients, such as companies that do not exceed the size requirements established by law or sole proprietorships, for which it is now possible to benefit from the law on over-indebtedness under similar procedures. It is easy to help bigger companies grow. The challenge is to support small companies, who often face the greatest difficulties in their growth.

Bankruptcy litigation, bankruptcy claims and claw-back actions also fall within the expertise of the Firm.

Lexxint advises on public works, services and supply procurement contracts both for private and public entities at all stages of the tender procedure, including the assessment of the lawfulness of the tender, the analysis of the requirements requested from bidders and the formulation of any requests for clarification, support in the preparation of applications and bids, assistance during the tender, examination of the legitimacy of the negative measures, in order to evaluate possible grounds for appeal, and post-award assistance until the contract is signed.

The Firm’s immigration practice focuses on the corporate immigration sector. We assist companies and individuals on a regular basis to resolve immigration issues of any kind. We advise on visas, residence permits and their conversion, as well as on obtaining Italian citizenship by descent and other ordinary grounds, i.e. residence or marriage. 

Specifically, the firm provides the following services:

  • EU BLUE card
  • Secondment of managers
  • Visa for foreign investors
  • Residence permit issuance for elective residence, self-employment, employment, family reunification, study, conversion of student residence permit to work permit.
  • Citizenship by descent 
  • Citizenship by marriage
  • Citizenship by residence

Protecting business intangible assets is increasingly crucial today. Assets such as domain names, designs, logos or inventions, copyright, patents and all other original works of authorship are, now more than ever, at risk of misuse. Copyright. Lexxint has solid experience in data and privacy protection, trademark and patent registration, and multimedia law. Lexxint advises both established and start-up technology companies in intellectual property protection strategies and in all automation fields concerning Legal Tech.

According to a survey carried out by the European Affairs Department of the Italian Parliament for Sole 24 Ore and referring to the five-year period 2014-2019, 177 of the 299 published legislative decrees (59.2%) implement directives or decisions of the Justice and Home Affairs Council of the Union (the body that brings together the ministers of justice and home affairs), as well as provide “disciplinary measures for violating the provisions of European regulations”. In addition, there are numerous directly applicable regulations in our legal system. The pervasiveness of EU law is not a mystery and for this reason we dedicate particular importance to this area of law. Lexxint is positioned to advise on the most delicate issues of interpretation and correct implementation of EU law in various aspects: from matters regarding state aid to customs law, from European funding in various Union policies to food safety and origin labelling. Companies operating in the many regulated sectors or subject to harmonisation can contact us to find out about their rights under EU law, particularly concerning the discrepancies in national legislation transposing EU law. In these cases we can intervene both by requesting a discussion with the administrative body of the state concerned, and, if necessary, by preparing complaints to the European Commission for the violation of the acquis communautaire, and by challenging the national rule at issue, if directed towards a specific natural or legal person, by asking the national court to disapply the national rule which is contrary to EU law. 

In the field of national and European competition law, Lexxint advises companies on anti-competitive agreements, abuse of a dominant position and notifications of concentration to the Commission and to the competent national authorities. The Firm has also gained experience over time in civil litigation for damages and interim measures arising in relation to violations of the competition rules. 

Lexxint advises natural and legal persons involved in criminal proceedings both as suspected offenders and as victims. The firm represents clients from the preliminary investigation stages right up to the higher court levels. The firm takes part and actively collaborates in court matters, also appearing before the judicial authorities of foreign countries, European and non-European and in matters mainly concerning corporate criminal law (corporate, financial, banking and bankruptcy offences), environmental criminal law, offences against property and state authorities, culpable offences, medical malpractice and occupational safety offences, offences regarding intellectual property and neighbouring rights and Cyber Crime, in close connection with the Legal Tech department.

In-depth research shows that M&A activity, if carried out continuously, and following a clear strategic direction and over a long term, is a growth accelerator in companies. In a country like Italy, the issue of small business size has a significant impact on competitiveness in terms of lower investments in research and development, reduced internationalisation capacity and less appeal for trained managers. Looking at the annual report on the market of mergers and acquisitions in Italy in recent years, it is evident that the companies which have grown the most in the last 20 years have all used M&As on an ongoing basis. Companies such as Amplifon, Autogrill, Biesse, Brembo, Campari, Cerved, Coesia, Granarolo, Luxottica, GI Group, Hera, Interpump, just to name a few, have established themselves as global leaders in their respective sectors as a result of mergers and acquisitions that have allowed them to diversify their product portfolio, enter new markets, acquire new brands, strengthen know-how and distribution chains. We therefore encourage our clients to pursue these changes and advise them on planning and implementing all necessary extraordinary transactions such as mergers, spin-offs, acquisitions, disposal of companies and shareholdings. 

We also support our customers in matters concerning day-to-day management and corporate law and in drafting related contracts and, always in view of the strategic partnership, general consultancy and management.

Lexxint has traditionally placed itself alongside companies in staff reorganisation procedures, through the planning and implementation of corporate reorganisation processes, collective dismissals, company restructuring, wage subsidies, collective staff transfers and outsourcing, company and transfer of a business unit, management of strategic relationships with institutions and unions and management of internal and external strategic communications in the reorganisation and restructuring processes. Having acquired extensive litigation experience, Lexxint has developed particular skills and expertise in the management of labour disputes both regarding individual (layoffs, mobbing, change of responsibilities and demotions, transfers, liability actions, damages) and collective actions.

Lexxint has two decades of experience in the field of Compliance and always faces the issues with the maximum protection of corporate interests in view. Whether we are dealing with regulatory compliance in matters of corporate criminal liability or personal data protection, or taking on positions in the Supervisory Boards or as Data Protection Officers, we are always drawing attention to the consolidated company practices, which are adapted and implemented to allow full compliance with regulations and to strengthen corporate controls; we thus complement the risk management and internal audit departments. Lexxint constantly monitors the development of national and international Enterprise Risk Management as a common legal framework for the management and monitoring of various corporate risks.

Our close collaborations with highly specialised professionals in the banking and financial services sectors allow us to provide the best service for our clients throughout the whole activities in the Wealth Management sector. The specialist knowledge of the above sectors allows us to provide qualified, reasoned, timely and efficient advice, which satisfies all clients’ needs in managing wealth. Our advice proves particularly valuable to entrepreneurs in the delicate phase of generational transfers where multidisciplinary services become crucial.

Growth is often obtained through the entry of investors or private equity funds into the ownership structure by leveraged/management buy-out and management buy-in transactions, specifically to increase the improvement of an entrepreneurial entity, through cash injections and renewed management or co-management. Lexxint advises industry stakeholders and investment funds throughout the process, from its conception to the development of an exit strategy.

For many years we have assisted several Italian and foreign companies in the development projects of real estate complexes, the purchase and sale of individual properties and real estate portfolios, with particular focus on shopping centres and tourism – hotel industry in which the Firm’s professionals have many years of experience. We also deal with the establishment, management and liquidation of real estate funds.

Legislative Decree No. 231/07, as amended by the law transposing the Fourth Anti-Money Laundering Directive (Legislative Decree No. 90/17), requires financial intermediaries, professionals and other categories of individuals subject to anti-money laundering legislation to adopt suitable and appropriate systems to guarantee anti-money laundering compliance and to implement internal procedures for the prevention of money laundering and terrorism financing. Lexxint, with its acquired skills in the areas of Compliance, Enterprise Risk Management and Legal Tech, has developed its own methodology in assisting and managing all the related obligations. 

In Italy, there are currently 11,215 innovative start-ups, mostly located in Lombardy (3045) (see the updated figures on the website). They are the real driving force behind Italian innovation and its stagnant productivity. Lexxint provides a holistic and comprehensive approach with a mindset focused on the results of the company. In addition to being a one-stop shop for all needs of a start-up, from notary to accountancy services, we offer our network of contacts with venture capital funds and angel investors. Between our network of contacts and the entrepreneurs in the start-up phase, Lexxint is able to support the networking and negotiation phase leading up to the contractual agreements.

These are the services we are mostly requested for in this area:

  • assessing the legal impact of the business model, focusing on regulatory aspects, suggesting, where necessary, the appropriate changes/additional elements;
  • advising on the choice and set-up of the corporate vehicle, establishing corporate governance rules through the preparation of the company articles of association (taking into consideration the legislation on innovative start-ups) and, where necessary, shareholder agreements;
  • offering an intellectual property protection strategy: distinctive signs, software, inventions, design, operational processes and know-how owned by the start-up;
  • drawing up and negotiating confidentiality agreements, software development contracts and licenses;
  • drawing up and negotiating contracts for the supply of SaaS;
  • drafting terms and conditions of the service offered, and the contractual forms for relations with third parties (both customers and suppliers);
  • drawing up employment contracts in compliance with legislation favouring innovative start-ups, independent contractor agreements and non-competition and employment agreements with a guaranteed minimum term;
  • preparation of incentive plans that also envisage work for equity through corporate equity investments or option rights for the purchase of equity or for the subscription of equity financial instruments (also convertible);
  • drafting commercial contracts and joint venture contracts in the development stages;
  • privacy assessments, drafting of privacy and cookie policies, drafting and negotiating data transfer agreements;
  • supporting documentation for the issuance of equity financial instruments (also convertible) to employees, consultants or directors, drafting of the related regulation and completion of the corporate documentation necessary for its implementation;
  • evaluating and implementing alternative forms of financing for start-ups (e.g. public offerings of equity and crowd funding);
  • advising on investments and the various financing rounds; negotiating and drafting term sheets, contracts, shareholder agreements and any other documents or formalities required by market practice in venture capital or angel investment transactions.

Our close collaborations with highly specialised professionals in the banking and financial services sectors allow us to provide the best service for our clients throughout the whole activities in the Wealth Management sector. The specialist knowledge of the above sectors allows us to provide qualified, reasoned, timely and efficient advice, which satisfies all clients’ needs in managing wealth. Our advice proves particularly valuable to entrepreneurs in the delicate phase of generational transfers where multidisciplinary services become crucial.