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Services

03. Administrative Law
and other Legal Advisory

Administrative Law

Morganti & Associati - Law Firm provides judicial and extrajudicial assistance on national and international matters related to the realization and management of infrastructures within the field of administrative law, taking care of all aspects both out-of-court and in-court and offering precise legal advice thanks to the specific expertise gained over the years by the partners of the Firm and their collaborators.

The specific areas of intervention include the sector of public works contracts and concessions, supplies and services, concessions in project financing, and the public law aspects of extraordinary operations, as well as public services in the field of land and maritime transport and public concessions entrusted to private individuals for demesne and riparian areas.

With particular reference to the sectors of services and public contracts, the Firm has developed a particular and significant expertise that allows it to provide assistance to clients, whether they are awarding administrations or companies participating in public tenders, in the drafting of tender notices and special specifications, in the preparation of offers, in the study and awarding of contracts and the management of consequent disputes, in the drafting of contracts and agreements as well as in the execution of works or the management of services.

The Firm also provides assistance in the drafting of concession agreements and all types of commercial contracts, from the most complicated cases exceeding normal commercial operations to ordinary ones such as the review of contracts already concluded, from the drafting and revision of general terms and conditions of purchase or sale of goods and services to the drafting of tender notices and procedures for the award of supply and procurement contracts.

The Firm assists leading companies such as construction companies, design firms, construction and management companies of infrastructure, and IT companies.

Also significant in this field is the judicial activity which materializes in the assistance in arbitration disputes and proceedings before the Regional Administrative Courts (TAR) and the Council of State, especially with reference to public tenders.

The Firm has assisted its clients (both private and public administrations) before the TAR and the Council of State in compliance proceedings, through activities aimed at obtaining compliance with the obligation of the administrative authority to comply with the judgment of the administrative justice bodies by identifying and indicating the appropriate methods of execution of the judgment, including the recovery of claims against the Public Administration, but also to obtain clarifications from the Administrative Judge regarding the methods of execution of the judgment.

Over time, Morganti & Associati has also acquired specific experience and expertise in the field of consultancy and out-of-court assistance to construction companies and participants in public procurement tenders for the construction of infrastructures in Italy and abroad.

This activity has involved contracts for the construction of large public works that have seen the resolution of disputes through ordinary judgments and arbitrations, both national and international.

For many years, the Firm has been carrying out these activities on behalf of a leading national and international operator in the infrastructure sector, making available the specific expertise acquired in the sector by the partners and their main collaborators.

Some of the cases handled by the Firm, both from a contractual and dispute resolution perspective, are highlighted :

Assistance and consultancy for the construction contract and concession in project finance, concerning the implementation of restructuring interventions on a municipal property; Judicial assistance and consultancy in managing the dispute between the contracting authority and the contracting company regarding the possession of requirements for participation in the tender for the construction of a subway line; Judicial assistance and consultancy in managing the dispute between the contracting authority and the temporary joint venture in terms of non-compliance with the construction contract for new university buildings; Judicial assistance and consultancy in managing the dispute between the contracting authority and the contracting company regarding the possession of requirements for participation in the tender for the construction of a control and monitoring system for a provincial road; Judicial assistance and consultancy in a dispute concerning a demesne concession for the exploitation of a riparian area; Assistance and consultancy for the international construction and concession contract concerning the construction of a subway in the Scandinavian area; Assistance and consultancy for the construction contract and concession concerning a subway line in the European area; Assistance and consultancy for the international construction contract concerning the construction of a subway in the European area; Assistance and consultancy for the international construction contract concerning the construction of a water connection tunnel in the United States of America; Assistance and consultancy for the international construction contract concerning the reconstruction of a highway in West Africa; Assistance and consultancy for the international construction contract concerning the construction of a canal in Central America; Assistance and consultancy for the international construction contracts concerning the construction of several hydroelectric dams in East Africa; Assistance and consultancy for the international construction contract concerning the construction of a hydroelectric power plant in East Africa; Assistance and consultancy for the international construction contract concerning the construction of a subway in the Arabian Peninsula.

Life Insurance

The firm has been assisting major insurers operating in Italy for years, particularly regarding the placement of life insurance products within managed savings. Specifically, the firm handles issues related to index-linked and unit-linked policies and provides assistance in litigation concerning insurance financial products. Additionally, the firm offers support on matters concerning the distribution of life insurance products in the bancassurance sector. It intervenes in litigation concerning critical issues related to early termination (surrender or reduction), accurate pre-contractual information, termination or withdrawal, and issues with life contracts linked to financial operations.

Damage Insurance

Over the years, the firm has developed significant expertise in both judicial and extrajudicial matters concerning damage insurance, both direct and indirect. It has been involved in managing litigation related to accidents, fires, thefts, and robberies, as well as general health guarantees, credit insurance, surety or guarantee policies, legal protection, all-risk guarantees with particular reference to the banking sector and supervision of credit institutions, CAR (Construction All Risks), D&O (Directors and Officers), transportation, marine and non-marine, and civil liability.

Professional Liability

The firm has extensive experience in assisting insurers providing civil liability guarantees in the form of loss occurrence or claims made. It also assists individuals in disputes with their clientele.

Specifically, the firm provides assistance and consultancy services for the following professional categories:

  • Directors & Officers

  • Architects

  • Intermediaries of insurance and financial products

  • Engineers

  • Bankruptcy trustees

  • Lawyers

  • Chartered accountants

  • Notaries

In this context, the firm has developed a deep understanding of the needs of professionals and the issues related to the exercise of their activities, providing both extrajudicial consultancy and judicial assistance.

Medical Malpractice

The firm has been operating in the field of medical malpractice for over twenty years and has an in-house team of professionals who work in synergy with experts in forensic medicine and other areas of medical science.

It provides a full range of legal services and claims management for liability insurers, public/ private healthcare facilities.

Credit Insurance

The firm has been handling credit insurance since the nineties, initially working with major companies in the Italian market, which later merged into insurance groups operating in this sector at a European level.

Particularly noteworthy is the experience gained with a company specialized in credit insurance, in which the main Italian insurers participated and which was subsequently absorbed by the leading European insurer.

In this context, the firm has dealt with both disputes with policyholders concerning interpretative or applicative issues of commercial credit insurance policies and litigation for the recovery of indemnified claims.

Issues addressed include the violation of the duty of good faith in credit sales to subjects of dubious solvency, the correct and complete communication of variable data in subscription policies, the suspension of coverage in case of non-payment of premiums (on which the Supreme Court ruled in judgment No. 3370/2005), the declaration of deceitful application, the violation of the principle of totality, and credit insurance with excess of loss clauses.

Intermediaries of Insurance Products

The firm has acquired significant expertise in the liability of intermediaries and counts leading insurers in the market among its clients.

It assists both Italian and foreign insurers, who provide coverage to members of the main association of insurance brokers and under agreements with associations of insurance agents.

The issues addressed concern both the relationships between intermediaries and companies and those between intermediaries and policyholders, with particular reference to the regulations governing the distribution of insurance products.

In litigation, the firm has been handling issues related to the termination of agency relationships and other legal matters concerning mandates between companies and agents for over twenty years.

Regulatory & Compliance

The firm provides assistance and consultancy services in Regulatory & Compliance matters for insurance companies, focusing on activities related to regulatory compliance, relationships with regulatory authorities, and managing interactions with intermediaries and policyholders to prevent administrative sanctions, ensuring compliance with relevant regulations, and enhancing clients' compliance standards. This includes ensuring the suitability of products offered to policyholders, transparency in pre-contractual information, and contract execution, with a focus on consumer protection aspects.

Banking Law

The firm has extensive experience in banking law, providing assistance to leading banks and financial institutions as well as industrial and commercial companies.

Its banking and financial law department comprises professionals with proven expertise and experience, offering clients advice on structuring and implementing a wide range of banking and financial operations.

The firm also assists in restructuring debtor positions of companies or corporate groups for the granting of convertible loans and in the development of other innovative crisis resolution instruments.

It helps clients identify the most appropriate legal instrument to manage debt renegotiation scenarios, make choices regarding preliminary negotiations with troubled companies, and negotiate restructuring agreements, particularly concerning legal issues related to recovery plans under Article 67 of the Bankruptcy Law, restructuring agreements under Article 182 bis of the Bankruptcy Law, and, more broadly, all matters related to bankruptcy proceedings under current legal regulations.

The firm has gained experience in resolving issues related to primary and secondary regulations concerning the sale of financial products, particularly focusing on the liability of banks and financial institutions.

With over twenty years of experience in bankruptcy and insolvency law, the firm provides assistance to companies undergoing compulsory administrative liquidation or subject to extraordinary administration procedures.

Corporate Law

The firm has gained significant experience in the following areas:

  • Legislative advisory services

  • Regulatory advisory services

  • Organizational and managerial advisory services

  • Organizational models under Legislative Decree no. 231/2001

  • Establishment of Newco (new companies)

  • Governance, Regulatory & Compliance issues

Labour Law

The firm provides legal assistance in the following areas:

  • Litigation

  • Labor contract drafting aimed at hiring and resolving employment relationships

  • Labor contract drafting aimed at the consensual resolution of employment relationships between companies, employees, and executives

  • Drafting of complex settlements with administrators, executives, and key managers

  • Drafting of non-compete agreements

  • Drafting of clauses limiting activities (loyalty agreements and "non-solicitation" agreements)

Maritime and Transportation Law and Recreational Boating  Law

The firm has an in-house department specializing in Maritime and Transportation Law and Recreational Boating Law, comprising professionals with significant experience acquired through qualified career paths. They've developed an integrated and comprehensive approach to various applications in this field, enabling them to provide constant assistance to leading maritime and air navigation companies, shipyards, insurers, and national and international banking and financial institutions.

Their legal consultancy and assistance, both in and out of court, encompass the following activities:

  • Passenger and cargo transportation by sea, air, road, and rail

  • Maritime and aerial labor, including all administrative ground services and complementary onboard services

  • Administrative regime, ownership, and contracts for the use of transportation means

  • Ships, aircraft, yachts, and superyachts throughout their lifecycle and operation, from construction to utilization to demolition

  • Liability and damage insurance for transportation means, passengers, and cargo

  • Contractual matters for marinas and shipyards for mooring management, outsourcing boat work, and recreational vessel use

  • Creation and management of Tourist Ports, including assistance in concession phases and the preparation of regulations for Tourist Ports and Shipyards

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