Avv. Maurizio Gardenal

*****
Avv. Maurizio Gardenal
Via Torino n. 2
20123 MILANO
Tel (+39) 02 72546400
Fax (+39) 02 72546400
e-mail: [email protected]
*****
I am a lawyer based in Milan admitted to practice before the Italian Supreme Court
(Corte di Cassazione).
I was admitted to the Bar Association in 1988 after having graduated with a first-rate
degree from the University of Studies of Bologna where I have been active as a
researcher and assistant for the Chair of Commercial Law.
I was responsible for the Legal Affairs of the company Fin Ritz, distributor, among the
others, of the trademarks Timberland and Polo Ralph Lauren.
I had a working experience in New York collaborating with Grant-Herrmann-Shwarz &
Klinger Law Firm.
In 1990, I founded the Law Firm Gardenal & Associati whose main practice areas are
International Law, Criminal Law, Commercial Law, Civil Law, Business Law, Corporate
Law, Fiscal Law, Private Equity, Cross-border Litigation, Intellectual Property, Real
Estate.
I have written many articles for the specialized review "Commercio Internazionale"
published by IPSOA, as well as for the economic-financial newspaper "Il Sole 24 ore".
I have been invited as a speaker to many conferences and lectures covering issues related
to contracts, business and corporate law, international taxation, also in collaboration with
the Association of Businessmen of Milan, Monza, Brescia, Varese, Pordenone, Treviso,
Vicenza and Padua, as well as with various Chambers of Commerce and private
organizations as the IIR - International Research Institute based in London.
For some years I have participated in the research activities of the Center for International
Legal Studies of Salzburg (CILS) of which I am a honorary member.
I am the co-author of a monography on “Il recupero dei crediti internazionali”, published
by IPSOA (2010).
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I have written the following two publications for the publishing house Wolters Kluwer
(London, Boston, The Hague): “International judicial assistance in civil matter: Italian
regulation” (1997) and “International licensing” (1998).
I am the author of the legal part chapters (n. 6-7-8-9) of the operative guide "Business in
USA" published in November 2003 by "Il Sole 24 Ore" and sponsored by the American
Chamber of Commerce.
I have been a member of some international association such as the International
Chamber of Commerce, the American Foreign Law Association based in New York, the
International Bar Association based in London, the American Chamber of Commerce
based in Milan and the USA Consulate based in Milan.
I have been a consultant to the legal committee at the American Chamber of Commerce
in Italy and a consultant to Assolombarda (a major businessmen association in Italy based
in Milan).
Seminars – Workshops – Lectures - Courses
18 October 2007 - Seminar: "Doing Business in India: opportunities and tips for the
Italian companies", organized by Assolombarda, Milan. Speech on the topic: "Legal tools
for doing business in India".
14 March 2007 - Seminar "Manufacturer’s and exporter’s liability when selling in the
U.S.", at Assolombarda, Milan.
10 October 2006 - Seminar "Getting closer to India: analysis of the market and its
opportunities" organized by Promos (special branch of the Milan Chamber of Commerce,
focusing on international activities). Speech on the topic: legal aspects of sales
transactions.
5 October 2006 - Seminar: " Towards the New India: opportunities for the Italian
enterprises" organized by the Entrepreneurs' Association of Lombardy "Assolombarda".
Speech on the topic: legal aspects of sales transactions.
14 June 2006 - Workshop "Door to India" organized by the Entrepreneurs' Association
of Lodi and by "Lodi Export". Speech on the topic: legal aspects of sales transactions.
6 June 2006 - Seminar at the Chamber of Commerce of Trento "Dealing with the food
and beverage markets in the U.S." organized by "Trentino Sprint". Speeches on the
following topics: Contracts, commercial litigation, credit collection, contract of sale,
products' liability, insurance, trademark.
26 January 2006 - Seminar at "Promos", Milan: "Entering successfully the U.S. market".
Speech on the topic: "Legal protection of the Italian exporter to the United States".
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9 February 2005 - Seminar at "Assolombarda", Milan: "Romania: company and fiscal
laws of a country almost ready to enter the European Union.".
27 January 2005 - Seminar at the American Chamber of Commerce in Italy, Milan:
America Project: "Doing business with the U.S.". Speech on the topic: "Contracts,
commercial litigation and credit collection in the U.S.".
1 December 2004 - Seminar at the Entrepreneurs' Association of Monza and Brianza:
"Legal protection of the Italian exporter to the U.S.".
12 October 2004 - Seminar at "Assolombarda", Milan: "Legal protection of the Italian
exporter to the U.S.".
6 October 2006 - Seminar "India: market opportunities" organized by “API Varese“
(Association of small and medium enterprises of the Varese province). Speech on the
topic: legal aspects of sales transactions.
13 December 2007 - Course: "All about customs procedures", organized by the
International Research Institute (IIR) - Milan. Speech on the topic: "India in the
international context".
19 November 2007 - Seminar: "Made in Italy: marketing opportunities in the U.S.",
organized by API (Small and Medium Businesses' Association) Turin. Speech on the
topic: "Product Liability in the US and the Italian exporter".
28 March 2007 - Speech on the topic "Made in Italy, product liability and main
contractual clauses to negotiate", at the Seminar "Opportunities for the Italian brands in
the U.S." organized by the Entrepreneurs’ Association of Monza and Brianza and by the
American Chamber of Commerce in Italy - Monza.
29 October 2003 - Seminar on the topic: "Product's liability in the U.S.", held in Monza at
the Entrepreneurs' Association of Monza and Brianza, organized by said Association.
6 May 2003 - Seminar on the topic: "Sale and commercial promotion in the U.S. the main
contracts available to the exporter", held at the Enterpreneurs' Association of Monza and
Brianza in Monza, in collaboration with said Association.
28 January 2003 - Speech on the topic "The system of tax incentives and loans in the
U.S." at the seminar "Business opportunities in the U.S." held at Confimprese in Milan,
in collaboration with Confimprese and American Chamber of Commerce in Italy.
October - December 2002 - Speech on the topic: "Legal aspects of the U.S. market" at the
series of meetings: "New opportunities of business between Italy and U.S.A." (Milan,
Varese, Treviso).
24 October 2002 - Speech on the topic: "Legal aspects of marketing" at the seminar
"American Business Meeting 2002 - How to be successful in America" promoted by
Greater Richmond Partnership Inc. in co-operation with Promos, AmCham and
Assolombarda (Milan).
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27 June 2002 - Speech on the topic: "Financial inducements and tax incentives to the
trade between Italy and the United States of America" promoted by American Chamber
of Commerce in Italy (Milan).
4 July 2001 - Speech on the topic "Agency and distribution agreements in the U.S.A." at
a seminar promoted by American Chamber of Commerce in Italy (Milan).
February 2001 - Speech on the topic "Fiscal Opportunities in Eastern Europe and
Mediterranean area" at the "Unione dei Giovani Dottori Commercialisti di Treviso"
(Association of Young Tax Advisors in Treviso)
December 2000 - February 2001 - III Course on International Taxation promoted by
A.E.S.T. (European Association on Fiscal Studies) of Preganziol (Treviso). Speeches on
the topics: "The Trust in Italy", "Taxation in Hungary and Romania".
19 April 2000 - Speech on the topic "International Agency and Distribution Agreements"
at the University of Venice, Faculty of Economics.
October 1999 - March 2000 - Course on International Taxation promoted by A.E.S.T.
(European Association on Fiscal Studies) of Preganziol (Treviso). Speeches on the
following topics: "Trust", "Taxation in Hungary and Romania", "Taxation in India".
11 June 1999 - Congress on the topic: "New trade and investment opportunities in the
U.S.A. market" held in Treviso, in collaboration with the American Chamber of
Commerce in Italy and with the Enterpreneurs' Association of Treviso (Unindustria).
Speech on the topic: "Contractual Instruments in the commercial negotiation between
Italian and U.S. operators".
11 February 1999 - Course on International Taxation promoted by A.E.S.T. (European
Association on Fiscal Studies) of Preganziol (Treviso). Speech on the topic: "Taxation in
Hungary".
6 - 7 November 1998 - Scientific Coordinator at the Congress organized by A.I.J.A.
(Association International des Jeunes Avocats) in Milan on the topic: "Parent-Subsidiary
Relationship: Legal Implications and Recent Developments".
6 March 1998 - Speech on the topic: "International Taxation" at the Enterpreneurs'
Association of the Pordenone province (Unione Industriali).
3 - 4 March 1998 - Speech on the topic: "International Tax Planning - Holding
Companies: national laws and E.C. Directives" at the Padua Enterpreneurs' Association
(Unindustria).
April 1997 - Congress on the topic: "Opportunities for private investments in the
economy of an emerging country: the Eritrea case" at the Town Council Room of the
Conegliano Town Hall. Speech on the topic: "The new Eritrean law on foreign
investments".
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25 March 1997 - Congress on the topic: "The furniture industry: perspectives and
opportunities of the Chinese Market" held at the Conference Room of the "Banca
Popolare di Asolo e Montebelluna" in Treviso. Speech on the topic: "Fiscal and
contractual aspects and protection of the exporter towards China".
July 1996 - Speech concerning the Trust at the Seminar held at the Treviso Enterpreneurs'
Association (Unindustria).
19 June 1996 - Congress on the topic: "The Enterprises of the Treviso area and the new
challenges of the U.S.A. market" held at the Conference Room of the "Banca Popolare di
Asolo e Montebelluna" in Treviso, in collaboration with the American Chamber of
Commerce in Italy. Speech on the topic: "Contractual aspects and protection of the
exporter with U.S. operators".
10 December 2007, 9 June 2008 - Seminar "From idea to business" organized by Treviso
Tecnologia (special branch of the Treviso Chamber of Commerce, focusing on
technology and innovation). Speech on the topic: "Legal aspects of companies, types of
companies".
Publications
For the review "Mercato Globale" (issued by Foreign Center Chamber of Commerce of
Lombardia) (www.mglobale.it):
-
"Dismissal in USA" (July 2004) with collaboration of Giovanni Brugnera.
-
"European Enforcement Order for uncontested claims" (Anno IX, n.126) with
collaboration of Christian Montana.
For the newspaper "Corriere della Sera" (Veneto edition):
-
"Delocalize West better than East" (18 June 2004)
For the review "Commercio Internazionale" dealing with international trade, published by
IPSOA (text only in italian):
-
"E-Commerce, the rules of a foreseen revolution" (n. 8/2000) (download)
-
"E-Commerce, Tax Authorities adapt for the time being" (n. 5/2000)
-
"The Indian tiger starts hunting investments" (Commercio Internazionale
n.18/1999)
-
"Eritrea, the declaration of economic independence" (Commercio Internazionale
n.1/1998)
-
"Mercosur in the limelight: it's Argentina's turn" (Commercio Internazionale
n.13/1997)
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-
"Less State, more market in the new Russian Civil Code" (Commercio
Internazionale n.4/1997)
-
"Business & Trade with the U.S.A." (Commercio Internazionale n.8/96)
-
"U.S.A. companies: another way to say "limited" (Commercio Internazionale
n.18/95)
and the following contributions for the "Center For International Legal Studies" with
headquarters in Salzburg (Austria):
-
International Licensing (1998) (download)
-
International Judicial Assistance in Civil Matters: Italian Regulations (1997)
all
published
by
Kluwer
International
(London
-
Le
Hague
-
Boston).
For the review Italian American Business-The Magazine of the American Chamber of
Commerce in Italy:
-
"Contract of sale in Italy and USA" (year 2006, january/ february, numbers 1 and
2, vol. 58)
-
"New rules for franchising agreements" (year 2005, january /february, numbers 1
and 2, vol. 57) with Giovanni Brugnera
-
"Financial inducements to invest in the U.S.A." (May-June 2001) with Giovanni
Brugnera
-
Business and Corporate law in the U.S.A." (first part: November-December 2000,
second part: January-February 2001)
-
"The Producer's Liability in the U.S.A." (July-August 2000).
For the economic-financial newspaper "Il Sole 24 Ore" (Milan):
-
"Business in Usa" (November 2003), chapters:
- 6 "U.S. Laws"
- 7 "Contract Law"
- 8 "Product's Liability"
- 9 "U.S. System of Investment Incentives"
-
"Ungheria, strada spianata per aprire succursali e uffici di rappresentanza" (May
2000)
-
"Budapest, porte aperte agli investimenti esteri." (April 2000)
-
"L'India incentiva le produzioni per l'export" (January 2000)
-
"L'India 'ridisegna' il commercio estero" (December 1999)
For the review "Bloomberg":
-
"Ma comunicare non equivale ad informare" (December 2000).
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AVV. CHRISTIAN MONTANA
Nato a Treviso il 30.08.1969
Laureato in giurisprudenza presso l’Università degli Studi di Bologna (1994).
Certificato di pratica professionale presso la Corte d’Appello di Innsbruck (Austria)
(1995).
Iscritto all’Ordine degli avvocati di Treviso dal 1999.
Dal 1996 opera presso lo Studio Legale Gardenal & Associati, con sedi a Milano,
Conegliano e New York, di cui è associato dal 2002.
Dal 2002 è membro dell’AIJA (Association Internationale des Jeunes Avocats), per la
quale ha partecipato, anche come relatore ed organizzatore, a numerosi convegni in
Italia ed all’estero.
Nell’ambito dell’AIJA, dal 2007 al 2010 è stato Presidente della “Private Clients’
Commission” ed attualmente è Vice-Presidente della “Human and Procedural Rights
and Responsibilities Commission”.
E’ stato relatore in numerosi seminari e corsi di formazione organizzati da vari enti
ed istituzioni in tema di contrattualistica e contenzioso internazionale (ad es.
Assolombarda, Promos, Lodiexport).
Ha collaborato con riviste e pubblicazioni nazionali ed estere (ad es. “Newsmercati”,
“Commercio Internazionale” di Ipsoa, “The Journal of International Tax, Trust and
Corporate Planning” di Jordan Publishing) nella redazione di articoli in materia di
diritto civile e commerciale europeo ed internazionale.
E’ coautore, insieme all’Avv. Maurizio Gardenal, della pubblicazione “Il recupero dei
crediti internazionali” edita da IPSOA.
Aree di specializzazione:
Diritto commerciale, contrattualistica nazionale ed internazionale, diritto societario,
diritto processuale commerciale, diritto internazionale privato.
Lingue conosciute: inglese e tedesco.
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