The new Business Crisis and Insolvency Code (Legislative Decree No. 14 of January 12, 2019, the "Insolvency Code" or "CCII") was recently introduced. In the new Code, judicial liquidation replaces the "old" bankruptcy: this terminological change represents one of the most important novelties of the Code, as the Italian legislator decided to no longer [...]
For many years we have been discussing the difficult issue relating to a worker’s “Right to criticise” within the limits imposed by the so-called "Duty of loyalty". Jurisprudence continues to return to this subject due to the now prolific use of the internet and social networks. The Corte di Cassazione (Supreme Court) articulates the [...]
As is now known, unexpected, urgent and drastic measures are now in place in an effort to contain the spread of coronavirus. Italy in particular, has adopted drastic measures in the form of emergency decrees that can affect the execution of contractual obligations, making execution impossible or temporarily impossible. Article 1256 of Italian Civil [...]
Dear Client, We write to inform you that our law practice remains fully operational and in total compliance with the rules and recommendations set out by the Public Authorities with respect to the Covid-19 outbreak (Prime Ministerial Decree of 11 March 2020 in particular). Our team can be contacted as usual by email. Meetings [...]
The Civil Cassation sanctions no-retroactivity of Gelli Bianco law and clarifies some controversial aspects of health liability. The so-called San Martino judgments go to examine different aspects of litigation in the medical sector. In particular: n. 28985/19: informed consent n. 28986/19: criteria for determining differential damage n. 28987/19: criteria for distribution of damage between [...]
Mr. Rocco Noviello attended the meeting “3rd Network Clinical Risk Management” promoted by Lombardy Region on December 17 in the main hall of Mangiagalli Clinic. The meeting was aimed at Risk Managers, members of claims assessment committees, forensic doctors and legal affairs managers. The event aimed to take stock of management of health risk, [...]
Mr. Noviello was a speaker at the workshop "LAW 24/2017 (GELLI-BIANCO LAW) - Reflections two years after the law came into force". The Gelli-Bianco law n.24/2017 innovated legislation governing the liability of doctors. The law has important operational implications for the management of risk and disputes relating to malpractice, both in routine hospital operations [...]
During the annual meeting of AIBA Italian Insurance Brokers Association, held last June, the members renewed the AIBA appointments, according to the new statute drafted with the collaboration of our lawyers Rocco Noviello and Andrea Bonifacio. In the occasion Mr. Noviello was of member of the electoral committee. 13.06.19
Mr. Andrea Bonifacio spoke about health liability at the conference "Perspectives and operational issues of health responsibility two years after Gelli-Bianco law came into force" held on May 22, 2019 in Lodi. Mr.Bonifacio illustrated the latest developments regarding the conditions of admissibility of compensation actions for medical malpractice.
In recent months some courts have deemed worth the exception of the constitutional illegitimacy of art. 7 ter raised by some clients in underway judgments. We specify that in these cases the (sub) carrier is entitled to request the injunction pursuant to art. 7 ter, being a regular carrier pursuant to Legislative Decree 286/2005, [...]
