Banking Litigation – Defence
Legal assistance to credit institutions in banking law matters, with particular regard to defending claims concerning current account agreements, mortgage loans, unsecured financing and financing based on work progress milestones (SAL).
In-depth knowledge of banking regulations and relevant case law concerning above-statutory interest rates, usury (at inception, subsequent and subjective), compound interest, maximum overdraft fees, banking transparency (Euribor, IRS and ISC), personal guarantees, agreements secured by the Medio Credito Centrale guarantee scheme, assignments of receivables, requests for access to banking documentation and reports to the Italian Central Credit Register (Centrale dei Rischi).
Critical assessment of adverse credit classifications, including classifications as non-performing exposures and revoked unlikely-to-pay positions.
Assessment of restitution, reputational and damages risks, both prior to and during court proceedings.
Strategic and procedural assessments, together with negotiation and settlement expertise aimed at preventing or reducing litigation.
Due diligence in connection with interbank acquisitions.
Civil Law
Legal advice and assistance in civil law and civil litigation matters.
Contract Law
Drafting and review of domestic and international contracts, including under applicable international conventions and bilateral treaties.
