ECIJA abogados

This area includes the services to perform any corporate and commercial transaction.

ECIJA’s Corporate/M&A department has renowned experience in mergers and acquisitions, company management, commercial contracts and competition, and corporate and structured funding and the design of specific funding strategies in sectors such as TMT (technology, media, telecommunications), trade, renewable energy and biotechnology. It provides advice to public and private, national and international organisations, as an advisor to the European Commission and the Spanish government on matters related to sectoral liberalisation. It also advises on all related tax and employment aspects.

We are deeply involved in the key operations of Corporate/M&A, Trade & Private Equity of the TMT sectors (providing advice in complex transactions, acting as secretaries of the boards of multiple multinationals, etc.). In this way we can understand the needs of our clients from a practical viewpoint.

• Mergers and acquisitions: LBO, MBO, MBI, BIMBO, venture capital, reorganisations, joint ventures.
• Due Diligence.
• Good corporate governance strategies.
• Commercial contracts.
• Liability, appointment and dismissal of directors.
• Foreign investments in Spain and Spanish investments abroad.
• Protection of the interests and rights of shareholders.
• Corporate funding and structured funding.
• Specific funding structures.
• Distribution law, agency, licensing, franchising and other forms of business collaboration.
• International Sales contracts.
• Contratos de vendas internacionais.

ECIJA has a specialist team with extensive experience in providing employment advice on all aspects related to the company, managers and employees, both at a national and international level, in small, medium and large companies.

ECIJA has a specialist team with extensive experience in providing employment advice on all aspects related to companies and their executives, both at a national and international level, in small, medium and large companies. The department’s clients include important companies in all areas of the economy.

ECIJA has a employment litigation department with a high level of specialisation in all types of litigation in the employment branch of law. Our expert lawyers represent our clients annually in more than five hundred proceedings before the Spanish courts, employment courts, High Courts of Justice, the Supreme Court and the Constitutional Court, with a high degree of success in resolving all types of disputes and with very high client satisfaction rates.

ECIJA also has experience in collective bargaining processes, participating in the negotiation of collective agreements at the sectoral, regional and company level. It also advises companies on workforce restructuring plans (EREs) and temporary workforce restructuring plans (ERTEs), restructurings, and on negotiating equality plans and collective employment policies.

The Employment Practice Area also has a multidisciplinary division of professionals with expertise in EmploymentTech, Media and Compliance, advising companies and public entities on implementing new technologies, analysing regulatory risks in disruptive business models, preventing regulatory breaches in the employment field and digital projects in the employment field such as adaptation to employment regulations in the field of the use of technological tools.

Our extensive experience in the new technologies sectors (as a leading firm in TMT), allows us to offer advice in employment law proper, in employment-technological-media law and in employment compliance, offering innovative solutions to the conflicts that arise with the impact of new technologies, and cases specific to such a specific sector.

Our team of professionals and their proven capacity for leadership and coordination of specialist legal teams has enabled their intervention in some of Spain’s most important employment projects.

The main services that our employment law department offers include the following:

• Employment proceedings of all types and defending our clients in court, in addition to providing procedural representation at all levels.
• Administrative conciliation and before collective arbitration bodies.
• Employment aspects resulting from mergers and acquisitions of companies and restructuring of companies. Contracting. Senior management contracts.
• Remuneration systems. Stock Options.
• Feasibility and Social Plans.
• Collective bargaining and collective company agreements.
• Due Diligence.
• Social security, plans and pension funds.
• Outsourcing.
• Immigration.
• Hiring and recurring advice on day-to-day employment issues.
• Collective terminations/modifications of employment contracts.
• Occupational hazard prevention.
• Employment procedures. Work inspections, social security, administrative claims and appeals. Sanction procedures.
• Misuse or unlawful use of information technologies in the company.
• Corporate policies and procedures regarding bring-your-own-device (BYOD)
• Employment compliance. Regulatory compliance programmes in the social and employment field.
• Standardisation of employment conditions.

ECIJA is a leader on the Spanish market in media, industrial and intellectual property law. Our extensive knowledge of the subject enables us to participate in the most legally important projects in the sector, preparing the most effective strategies for each case.

ECIJA is a leader in the Intellectual Property market. Our extensive knowledge of the subject enables us to participate in the most legally important projects in the sector, preparing the most effective strategies for each case.

The intellectual and industrial property department protects the interests of large companies with regard to patents and brands:

• Industrial design
• Protection of national, European and international brands and actions against piracy.
• Representation in all types of intellectual property law suits, including actions against violations of copyrights
• Permanent consultancy in relation to the fulfilment of regulations relating to advertising, music, cinema and television
• Negotiation of royalties with management entities.
• Music publishing and phonographic rights.
• Protection of intangible assets in pharmacy, biotechnology, software and consumer products.
• Confidentiality and technology transfer agreements.
• Management and valuation of intangible assets.
• Actions against the encroachment of rights.
• Audiovisual production and co-production.
• Trade secrets and digital markets.

Our Litigation and Arbitration Department is specialised in conflict and dispute resolution before arbitration courts and tribunals in all jurisdictions: civil, criminal and administrative-contentious.

Our litigation and arbitration department specialises in dispute resolution in all jurisdictions and before all courts and arbitration tribunals. The rigorous and practical profile of the area makes the team a market leader in all procedural instances, with a peerless understanding of the digital ecosystem in the market. We combine in-depth procedural knowledge with the particularities and benefits of technology and its sector.

ECIJA’s litigation and arbitration team thus has professionals with extensive experience who have achieved favourable resolutions in international arbitrations and large disputes in areas such as:

• Protection of fundamental laws: the right to honour, privacy and one’s own image.
• Intellectual property: rights relating to musical and audiovisual works or infringement of intellectual property rights.
• Electronic fraud.
• Proceedings to recover domains before the WIPO.
• Protection and claims for the infringement of brands, with their implications in terms of unfair competition. • Industrial espionage, disclosure of confidential information.
• Corporate disputes.
• Claims for contractual breaches. Scams and misappropriation. Asset stripping.
• Sanction procedures: sanctions relating to telecommunications, consumers and users and data protection.
• Real estate and business: Construction defects. Construction faults. Proceedings in terms of licenses, sanctions, sealing of establishments, etc.
• Arbitral proceedings (International Chamber of Commerce [ICC], the Spanish Civil and Commercial Arbitration Court [CIMA], the Madrid International Arbitration Center [CIAM], etc.)
• International Dispute Resolution

ECIJA's real estate and urban planning department provides legal advice to financial entities, corporate clients and private investors on all types of matters related to real estate transactions. Our clients come from Spain and abroad.

ECIJA’s Real Estate and Urban Planning practice offers effective legal and urban planning advice and defence to its clients: Public administrations, real estate developers, builders, investment funds, land owners, compensation boards, urban development agents, urban conservation entities, business groups, hotels, residences, etc.

ECIJA advises its clients both in administrative proceedings and in the judicial review phase in the following actions:

• Preparation of urban planning instruments (general plans, partial plans, interior reform plans, special plans, detailed studies, etc.).
• Preparation of suggestions, submissions and legal appeals in the processing and, subsequently, final approval of urban planning instruments.
• Drafting and participation in the process of concluding urban planning and urban management agreements.
• Constitution and operation of Compensation Boards, Urban Development Agents, Urban Conservation Entities, etc.
• Reparcelling and expropriation projects.
• Licences, affidavits, served documents.
• Urban planning sanctions.
• Restoration of urban planning legality.

Likewise, ECIJA’s Real Estate and Town Planning department advises on private real estate law, offering legal advice and defence to its clients in the following actions:

• Property acquisitions (land, office buildings, commercial premises, industrial warehouses, logistics parks, wind farms and plots of land, tourist complexes, shopping centres, hotels, etc.).
• Leases.
• Land Registry.
• Cadastre.

ECIJA's bankruptcy and restructuring group has extensive experience in the approach to and completion of bankruptcy proceedings, from application to declaration of bankruptcy until the conclusion of such. Our bankruptcy law specialists have participated in the bankruptcy proceedings of important companies both in the protection of the interests of the company facing difficulties as well as of its creditors.  

ECIJA’s insolvency and restructuring team has extensive experience in designing and carrying out insolvency proceedings, from applying for declarations of insolvency until the insolvency is concluded. Our bankruptcy law specialists have participated in the insolvency proceedings of important companies both in the protection of the interests of the company facing difficulties and of its creditors.

In addition, our professionals are qualified to offer legal advice in corporate restructuring processes, providing an optimal solution, always based on the principles of utmost quality in their work, an overall analysis of the situation and empathy.

The main services that our insolvency law and restructuring department offers include the following:

• Pre-insolvency advice: analysis of the company, preparation of commercial and accounting documentation, negotiation with creditors.
• Preparation, processing and legal management of voluntary and necessary insolvencies.
• Advice to creditors on communicating claims and appearing in insolvency proceedings.
• Legal assistance at all stages of insolvency proceedings:
  • Insolvency proceedings
  • Qualification phase
  • Actions to withdraw
  • Agreement or settlement phase
  • Legal advice and procedural defence for liability of directors and executives arising from insolvency proceedings.
  • Business restructuring, including tax planning
  • Performance of the role of insolvency practitioner.

Our team specialising in white collar crime is made up of expert lawyers who have successfully defended clients in a large number of criminal cases in recent years in the business and corporate sector.

Our specialists defend, and bring charges against, both individual and corporate clients in litigation before the Supreme Court, the National High Court and other courts of justice.

Thus, mainly, but not exhaustively, we provide our services in relation to the following areas:

WHITE COLLAR AND CORPORATE CRIMINAL LAW

• Negligent insolvencies and asset stripping
• Money laundering
• Offences arising from insolvency proceedings
• Tax offences and other offences against the public treasury and the social security system
• Theft and robbery
• Fraud, misappropriation and fraudulent management
• Offences relating to industrial and intellectual property
• Corporate offences
• Misrepresentations
• Corruption offences between individuals
• Crimes against the market and consumers

OFFENCES AGAINST PUBLIC ADMINISTRATIONS AND THE ADMINISTRATION OF JUSTICE

• Malfeasance and bribery
• Influence peddling and misappropriation
• Unfaithfulness in the custody of documents
• False accusations and reports
• Illegal financing of political parties

CRIMINAL LAW

Our professionals specialised in criminal law are experts in defending procedural, pre-procedural and preventive interests in any area of criminal law.

Our specialists defend, and bring charges against, both individual and corporate clients in litigation before all types of courts.

Thus, mainly and without being exhaustive, we provide our services in relation to the following areas:

OFFENCES AGAINST PERSONS AND COLLECTIVE INTERESTS

• Manslaughter and murder
• Kidnapping, threats and coercion
• Offences against sexual freedom and indemnity
• Offences against privacy and honour
• Breaking and entering
• Discovery and disclosure of secrets
• Offences committed by minors
• Offences against workers’ rights
• Land planning. Urban planning.
• Environmental offences

OFFENCES AGAINST THE CONSTITUTION AND PUBLIC ORDER

• Disorderly conduct
• Organised crime
• Offences against public health
• Offences relating to the exercise of fundamental rights and public freedoms

INTERNATIONAL CRIMINAL LAW

• Extraditions and EU arrest and surrender orders
• Offences against the international community
• International prison law