Giambrone & Associados

Corporate and Commercial Lawyers

We specialise in advising and representing clients on all aspects of running a business. Our corporate and commercial lawyers work with European and international organisations on a full range of issues including corporate, banking, securities, financing, commercial contracts and international business transactions.

Our specialist lawyers also bring a wealth of expertise in commercial litigation and arbitration matters. We advise clients from various industries, and this wealth of experience means we understand businesses and can guide you through the relevant law as well as offering practical advice that applies to your particular organisation.

We know how important it is to understand the particular industry of our clients to ensure a smooth and successful transaction and we will always offer advice to our clients that is appropriate to their situation. We can provide assistance to those that have an international element to their business or corporate matter. Contact us today to speak to a member of the team and find out how we can help.

Our corporate and commercial services

"Our lawyers have the ability to see solutions that others may miss." comments Giorgio Bianco

Our corporate and commercial lawyers routinely assist clients with:

• Commercial contracts, including distribution, sales concession, supply and outsourcing, tolling, franchising, agency, procurement of works and services, merchandising, sponsorship and general terms and conditions of sale or purchase.
• Joint ventures.
• Partnering arrangements.
• Regulatory matters.
• Mergers and acquisitions
• Corporate restructuring
• Partnership and shareholder agreements

We are also able to assist with:

• The creation of limited companies.
• Converting from sole trader status or partnership to either a limited liability company or LLP.
• Fiduciary services.
• Provision of nominee directors for Italian companies.
• Corporate secretarial services and a host of other services.

We advise our clients on the best business structure for their needs and ensure that the correct documentation is filed to fulfil all legal requirements. Our expert lawyers can help organisations at all stages, including those wishing to sell, as well as clients interested in expanding and looking to acquire other businesses. We will make sure we focus on the issues that are important to you to get the best outcome possible.

Multi-disciplinary approach

Our corporate and commercial team offer a multidisciplinary approach to our client's cases to understand their business and to make sure we are giving the best advice.

We always take into account the size and design of every corporation we work with, allowing us to tailor our advice and find the best approach for them. The unique combination of our firm's structure and our approach to client's cases means we can offer personalised guidance to every business, no matter what your organisations’ needs may be.

Cross-border corporate and commercial issues

Our corporate and commercial team work with national as well as international clients from our 17 offices around the world, including London, Milan, Barcelona and Tunis, amongst others. This means we are uniquely placed to advise on cross-border corporate and commercial issues and can draw on the collective expertise of our lawyers with capacity in different jurisdictions. 

Contact our Corporate and Commercial Lawyers in the UK

Businesses will have a range of legal issues that they encounter during their existence that need professional advice and assistance. These can be general matters concerning managing everyday corporate affairs or more specific issues. With offices across Europe and North Africa, we can help clients across various jurisdictions and understand the implications of cross-border matters. 

If you require further information or assistance, please complete the online enquiry form here or email us at: [email protected].

Employment Lawyers for Employers

Multi-jurisdictional expertise for all your employment law issues. Our employment law team comprises employment lawyers and skilled specialists. Giambrone & Partners' employment lawyers understand the difficulties encountered by businesses.

Those companies operating across borders, we are able to help organisations overcome the differing legal and cultural barriers when running a multinational business we can navigate through new international standards and regional laws, such as European employment law and thrive in the ever-changing arena of employment law.

We manage risk in relation to executive exits, support clients through exercises such as business restructures and handle our clients’ most complex employee relations issues, which are often reputationally sensitive.  As well as  providing this exceptional support with all aspects of strategic advisory work, transactional involvement and advice relating to contentious issues.

We understand the impact of such issues such as sickness absence, performance management, equality legislation and discrimination and recognise that they are high on the agenda of all businesses from small companies to large multinationals. We can also assist in complex pensions law issues and the need for robust reward and retention policies.

We design and roll out HR policies, review executive pay, co-ordinate employment cost-cutting exercises and manage industrial relations issues or complex pensions matters. We advise on all aspects of contentious and non-contentious employment law, from the point of recruitment to eventual termination.

Our services cover the following areas:

1. Recruitment
2. Employment Contracts
3. HR Advice
4. Post Termination Restrictions
5. Internal Policies and Procedures
6. Redundancy
7. Maternity & Family Rights
8. Settlement Agreements
9. Employment Tribunal Representation

• all aspects of recruitment including interview processes, the employer’s obligation to confirm the right to work, the engagement of self-employed contractors including the drafting of consultancy agreements, the rights of part-time or fixed term employees, the employment of non-standard employees such as temporary, casual or home-based workers, the national minimum wage.
• advice to both employees and employers on all aspects of employment contracts, including negotiating and drafting service agreements for senior executives and standard employment contracts for other employees;
• advising HR professionals on day to day issues such as the conduct of grievance and disciplinary procedures, holiday entitlement, references, retirement, dealing with long-term or persistent absence, employee rights to time off work etc;
• drafting and enforcing post-termination restrictions, confidentiality obligations and other clauses for employer protection;
• drafting internal policies and procedures including disciplinary and grievance procedures, Data Protection policies, family friendly policies, IT and communications use policies, Health and Safety policies, Equal Opportunities policies, anti-bullying and harassment policies and others;
• assisting with the employment aspects of restructuring and consequent redundancy issues, including advice on notification, consultation, selection, redeployment, termination and appeals;
• assistance to employers in negotiating the complexity of maternity and other family issues;
• employment law aspects of transfers of undertakings, including assisting employers in due diligence exercises and minimising the risk of consequent claims;
• all aspects of termination of employment from junior employees to senior executives, including assisting in negotiations for and the drafting of settlement agreements;
• advice and representation in Employment Tribunal including claims for unfair dismissal, wrongful dismissal, discrimination in all its forms, unlawful deduction from wages, breach of contract, equal pay claims etc;
• assistance to companies for transactions, internal restructuring or everyday company management. We can also help you manage any kind of HR crisis, from sensitive terminations to corruption investigations

The team's experience, customer focus and insider knowledge ensures that the service we deliver is always fit for purpose.

Employment Advice for Employers

If you require any further information about the services offered by the employment law team, or wish to make a specific enquiry, please contact us online here, or email us at: [email protected].  

Intellectual Property and Media

The intellectual property of your company is one of the most valuable assets of your business.   

The need to protect the intangible assets of your business is crucial as domain names, designs, logos or inventions, copyright, trademarks, patents and all the other forms of intellectual property are exposed more than ever to theft and exploitation.

Our lawyers provide legal advice to clients active in film and television production, communications, broadcasting, animation, print, music and technology amongst others. We regularly advise on cross-border issues assisting our clients to mitigate their risks and enforce their rights.  We can advise in mergers, acquisitions, joint ventures and disposals providing cost-effective, strategic and commercial advice to individual and business in all the areas of intellectual property and social media law. 

Our advisory and litigation services include:

• copyright
• data protection and privacy
• trademarks
• trade secrets
• protection of confidentiality
• licences and licensing
• media and entertainment
• multi-media, digital and new technology services patent and technology
• licensing
• publishing
• IT and telecommunication
• litigation and other enforcement strategies
• customs seizures, copyright and trademark objection notice

Insurance and Reassurance

Giambrone’s Insurance and Reinsurance department is focused on providing full-service insurance counsel and advice to the insurance industry. 

We represent large public companies, major insurers, reinsurers, directors and officers, and brokers.  Our international multi-jurisdictional capacity enables us to undertake complex cross-border matters.

Our team provides legal assistance for a wide range of insurance and reinsurance-related issues. 

Our experience and areas of expertise include:

• insurance and reinsurance legal advice
• shipping and marine
• travel
• third party liability
• environmental risks
• health and safety risks
• investment rules
• coverage issues and disputes
• licence applications
• professional liability
• regulatory compliance and insurance supervision
• service and intermediation agreements

Litigation and Dispute Resolution

Giambrone & Partners' highly respected team of litigation and dispute resolution lawyers is academically strong and enjoys a reputation for success with respect to contentious matters including the most complex and sensitive high-value disputes with strategic significance for our clients.

Our lawyers recognise the impact that contentious disputes may have on a business, both in time and money. Initially, all aspects of the dispute are considered from a legal, commercial and financial perspective.  We make every effort to achieve a negotiated settlement in an attempt to resolve the matter without recourse to the court.

Alternative Dispute Resolution

If initial negotiation does not result in a settlement, our lawyers will attempt  Alternative Dispute Resolution (ADR).  The most common form of ADR is arbitration (the preferred method in commercial contracts) which is undertaken with an arbitrator who has the capacity to make a legally binding decision.  Or alternatively, mediation, a less formal method achieved through structured negotiations between parties and overseen by an independent mediator.

International Cross-border  Disputes 

Giambrone & Partners is particularly well placed to assist with cross-border disputes as we can seamlessly draw together a team of cross-border litigation lawyers from our offices throughout Europe and the UK.  We can provide an integrated service under one roof. We have extensive expertise in international cross-border disputes; our teams of astute lawyers have in-depth knowledge, expertise and legal capacity in many jurisdictions.  

We have a high success rate and our clients can be assured that they will be receiving the very best advice, tailored to their unique circumstances. 

We have particular expertise in the following areas:

• Civil litigation
• Commercial litigation (domestic and international)
• Criminal litigation
• Employment disputes
• Family and Matrimonial
• Forex litigation
• Lender liability litigation
• Personal injury
• Professional negligence
• Property litigation

Real Estate & Commercial Property

Our real estate team handles the entire property life-cycle, from acquisition and development through to letting and disposal.

We can advise on office, retail, hotel and leisure, infrastructure and logistics, energy, or healthcare and care home projects.

Our work includes:

• The acquisition and disposal of transactions involving large property portfolios to discrete sales and purchases
• Supporting our clients through obtaining planning for and implementing developments, including construction and environmental matters
• Dealing with landlord and tenant matters from the creation and disposal of leasehold interests to ongoing management issues (acting for landlords, tenants and lenders)
• Advising on real estate finance and tax structures, advising owners, lenders, borrowers, equity investors, lead managers and others on all aspects of financing, secured lending and securitisation, including commercial mortgage-backed securities transactions
• Creating, administering and selling down all types of joint ventures and fund or other holding structures
• Assisting with lettings, asset management, and sale and leaseback arrangements
• Advising on construction contracts, ranging from major infrastructure provision and power and energy projects to inner city development and regeneration
• Discrete aspects of real estate disposal within restructuring and insolvency work, including enforcement of security

We take pride in our ability to bring wide-ranging technical skills to our clients.

If you require further information or assistance, please complete the on-line enquiry form here or email us at: [email protected].  

Experienced Family Lawyers

Family law covers a wide range of issues, from marriage and relationships breakdowns to child-related matters. We understand that any family situation can be both complicated and emotional to handle. It is likely that you will be feeling your most vulnerable at this time and will need the reassurance of a robust legal team behind you.

Whether you are dealing with issues at the start or end of a relationship or issues concerning the care and custody of children, our team of expert family lawyers can provide you with the advice and assistance you need to make sure you get the best possible outcome.

We appreciate that it is not just the expertise and knowledge that our clients need, but also a sensitive and practical approach to these personal issues. To discuss your circumstances, contact us today, please complete the online enquiry form or email us at [email protected].

Giambrone Family Lawyers in the UK

Our clients and their relationships are unique, and our specialist family lawyers will tailor their advice to your circumstances to get the best result possible for your whole family. Once we have gotten to know you and your family’s needs, we will discuss the best options available and give you clear and straightforward advice on the best route forward.

We recognise that an amicable resolution to family law issues is always preferable and we will work with our clients to make sure that your case is resolved using the most appropriate methods.

Cross border and international family law

Giambrone welcomes clients from around the world in relation to all aspects of family law. Our multi-lingual lawyers can assist clients in their own language in complex situations, including cross-border divorce cases.

Giambrone’s family law team includes members of the International Bar Association, as well as other international family law organisations, and has well-established connections with international law firms worldwide.

We have a wealth of knowledge and experience in family law matters and understand what our clients are going through. We can guide you through the process and provide you with advice that you can rely on.

Divorce and separation

We understand that going through a divorce  can be a particularly upsetting and stressful experience. There is a multitude of issues that will need to be considered, including finances, the allocation of property and assets and children.  Our family law team has extensive expertise in handling cross-border divorce undertaking matters as swiftly as possible to minimise the stressful impact.

We realise that fragile relationships can make these legal proceedings even more complicated, which is why we are committed to reducing any negative impact on our clients and their families, especially when children are involved. We will always fight your corner but will negotiate where possible to try to find a suitable arrangement without the need for the matter to go to court.

Divorce services

Our comprehensive range of family law services includes divorce and separation, children and financial disputes, civil partnerships (international solutions for Italian residents or rights of foreign same-sex couples living permanently in Italy), cohabitation issues and associated property disputes. Our Italian divorce lawyers have experience of dealing with cases of international child abduction. We can also advise on personal protection and harassment issues connected with domestic violence.

The team at Giambrone are experienced at dealing discretely with high profile clients, protecting their particular needs in relation to their media-sensitive information.

Jurisdictional issues in divorce

Our lawyers can advise on the best jurisdiction where there is an option; there can be very different consequences when obtaining a divorce in one jurisdiction as opposed to another and the speed of action is essential.

Cross-border divorces can raise complicated issues, such as whether the divorce is recognised in both jurisdictions. It can be a difficult process, but our experienced family lawyers will advise and guide clients to ensure that the correct choices and routes are taken to provide the most favourable result.

Issues involving children

Legal matters involving children are likely to be highly emotional and can lead to conflict between parents as well as extended family. The needs and welfare of children will always be paramount in any legal dispute and we will work with our clients to reduce any impact on the children of the family. For issues relating to separation, the parties will have worries about how the care of the children, together with financial and contact issues, will be resolved and this can be an upsetting and confusing time for everyone involved.

Our family lawyers advise on all areas of family and children law, including custodial and non-custodial parental rights and the creation of alternative family structures. We have a specialist department relating to issues on children, with specific expertise in all aspects of international children law, particularly concerning Special Guardianship Orders.

Contact our Family Lawyers in the UK

Our team of family lawyers can advise and assist you through all family law matters to make sure that you get the best outcome for your personal circumstances. If you require further information or assistance, please complete the online enquiry form or email us at [email protected].

Giambrone & Partners' immigration team advises and assists a range of individuals who require assistance with immigration matters in Italy, Spain, Portugal, and those who wish to adopt British citizenship in a wide range of applications leading to dual nationality. 

Immigration law is complex and changes continuously and now, more than ever, impacts significantly on the lives of European Union citizens living in the UK.  Our lawyers’ well-deserved reputation and breadth of specialist knowledge combine to make Giambrone & Partners is one of the leading immigration service providers.  Giambrone & Partners immigration teams also assist with Italian immigration and Spanish Immigration

Personal Immigration

The UK is often the country of choice for many young Europeans hoping to expand their experience and forge a career, countless Italian and Spanish citizens have made Britain their home.  Since Brexit and the loss of freedom of movement and residence in Britain for EU citizens, the possibility of dual citizenship has become a serious option. 

Giambrone & Partners can help guide you as to the best route for you and your particular circumstances, helping you with the challenges and taking you step by step through the process ensuring that your application is sound and will not fail due to an avoidable error or breach.

If you have had an application rejected due to incorrect documentation, we may be able to assist with a re-application.

Why choose Giambrone?

The lawyers in our immigration teams have years of experience in advising and assisting EU citizens with all aspects of the steps to dual British citizenship.  Our lawyers offer pragmatic solution-based advice based on your individual circumstances, including assisting with navigating complex applications. 

Where necessary, our immigration team can draw on the expertise of our lawyers in associate practice areas and also those in our European offices. Giambrone & Partners' lawyers are multi-lingual and can discuss your situation in your own language to ensure complete clarity and avoid misunderstandings.  We ensure that you have a comprehensive understanding of all the requirements that need to be met to achieve British citizenship, including the supporting documentation necessary.

Our lawyers take a realistic approach and have a track record of satisfactorily resolving complicated issues for our clients, including managing discretionary waivers. We fully recognise that the situation has changed between the EU and Britain and our clients need to be certain of their position to enable them to remain in the UK.

Pre-settled status  

The first step to achieving British citizenship is to apply to the EU Settlement Scheme.  EU citizens also EEA, (which includes Iceland, Liechtenstein and Norway).and Swiss citizens can apply to the EU Settlement Scheme in order to remain living in the UK after 30 June 2021. Your dependent family can also be included in the application.  Giambrone’s immigration lawyers will assist you with your application and ensure that all your documentation is in order.

To make an application you will require the following evidence:

• Proof of your identity - EU, EEA and Swiss citizens are required to produce a valid passport or valid national identity card as well as a digital photograph of your face.
• Proof of continuous residence - in the UK, the Channel Islands or the Isle of Man for at least six months in any 12 month period for five years in a row.  Evidence such as a valid permanent residence document or indefinite leave to remain in or to enter the UK.  Or, if you arrived in the UK before 31 December 2020, you can give your National Insurance number to allow an automated check of your residence based on tax and other records.

You must declare all criminal convictions, even those committed overseas. The Home Office will check anyone over the age of 18 years to establish whether you have committed serious or repeatedly committed crimes and whether you are considered to pose a security threat. 

However, “spent” convictions do not require disclosure, nor do “warnings” or alternatives to prosecution such as fines.  You will be checked against the Home Office database. Minor crimes will not count against you and you will still be eligible for pre-settled or settled status.  However, if you have been to prison, your five years continuous residence starts from the day you were released.  

If successful, it will result in receiving either pre-settled or settled status. The status you receive depends on how long you have been living in the UK.

Settled Status

If you have pre-settled status you can upgrade to settled status enabling you to remain in the UK for an additional five years from the date your status was granted.   You will need to apply again to the EU Settlement Scheme, this must be done before your pre-settlement status expires.

If you left the UK for more than six months in a 12 month period during your period of pre-settled status you may not be eligible for settled status.

The five year period that you may remain in the UK begins from the first day you arrived in the UK  

Rights under Pre-settled and Settled Status

You are permitted to:

• Work in the UK
• Access the NHS free – if you able to do so already
• Study or enroll in education
• If eligible, access benefits and pensions from public funds
• Freely travel in and out of the UK

Additional Rights under Settled Status

You will have the right to remain in the UK and to apply for British citizenship.

You can spend five years in a row outside the UK without losing your settled status.

UK Permanent Residence Document

If you have a valid UK Permanent Residence Document in the form of a certificate inside your blue ‘residence documentation’ booklet (or pink if you’re a Swiss national) or a certificate inside your passport, your application to the EU Settlement Scheme will not require proof of five years continuous residence in the UK. 

Indefinite Leave to Remain (ILR)

There are a number of conditions attached to ILR. Giambrone & Partners' immigration team will be able to establish whether any of the qualifying criteria apply to  you, The following are examples:

• Long residence – legal residence for ten year
• Exceptional compassionate circumstances – a detailed explanation will be required
• Retired person visa – the capacity to demonstrate financial independence will be required
• Returning to permanently reside in the UK
• Discretionary leave
• UK ancestry visa

If you have ILR you can remain living in the UK. The advantage of applying to the EU Settlement Scheme is you can spend up to five years living outside the UK as opposed to two years under ILR.

British Citizenship

You are eligible to apply for British citizenship following five years legal continuous residence in the UK and also have, in the past 12 months, had one of the following:

• Indefinite Leave to Remain (ILR)
• Settled Status
• Indefinite Leave to enter the UK

From 1 January 2021 if you had permanent residence prior to obtaining Settled Status the time under permanent residence can count towards the 12-month requirement following five years permanent residence.

There are a number of criteria for application for British Citizenship, as follows:

• You must be over 18 years old
• You must be able to give evidence that you were continuously in the UK for a minimum of five years before the day the Home Office receives your application
• You must be able to prove your capacity with the English language by either an English qualification at B1, B2, C1, or C2 level or having a degree that was taught or researched in English.
• You must pass the Life in the UK test. In order to do so, you should study the handbook of Life in the UK and you will be tested over 45 minutes to answer 24 questions about British traditions and customs.
• You must intend to continue living in the UK
• You must be of good character

Other ways leading to British citizenship are:

• You have at least one British parent
• You have an alternative type of British nationality
• You previously had British Citizenship which you renounced
• You are married or in a civil partnership with a British citizen

Giambrone & Partners' immigration teams can discuss your individual situation with you and advise you on the best route to British citizenship.  If your application is not straightforward our lawyers will be able to assess your circumstances and provide a realistic assessment of your situation and likelihood of success.

Criminal Defence Lawyers

Being accused of a crime can be extremely distressing; being accused of a crime abroad can be considerably more upsetting when you are far from home and vulnerable and do not understand the language, the procedures involved or the implications.  Arrests made abroad may have a harsh impact on your reputation and livelihood, not to mention your liberty.

Giambrone has a team of experienced Italian, Spanish, Portuguese and English cross-border criminal lawyers representing foreign nationals across Europe.  Our on-the-spot offices have English, Spanish, Italian, German and Arabic speaking lawyers who are readily available to offer immediate assistance to individuals who find themselves in difficulties in a foreign country.

To find out more about how we can help you, please contact us via the online form or email us at [email protected].

Multi-lingual criminal lawyers in the UK

Giambrone & Partners' team of multi-lingual criminal defence lawyers have a breadth of experience extending across Europe.  We can advise anyone facing a criminal allegation in order to protect their standing and character during the procedure. Your case can be dealt with through our UK offices, avoiding unnecessary travel back and forth to Europe. It’s important to remember that anyone facing criminal charges must be allowed representation from a lawyer before they are interviewed by police.

Our criminal defence services

Our expertise and thorough knowledge of European jurisdictions will assist with regard to understanding the seriousness of the charges as well as negotiating where possible with the relevant authorities to avoid having to appear in court.  Giambrone & Partners' criminal defence lawyers can assist you with:

• Manslaughter
• Murder
• Sexual offences
• Road traffic offences
• Drugs offences
• Medical malpractice
• Immigration offences
• Affray
• Robbery and firearms offences
• Assault charges
• Corporate crime
• Money laundering
• Cross-border investigations
• Cybercrime
• Damage to cultural and heritage property
• Drunk and disorderly

Our criminal defence lawyers' expertise is widely recognised, having appeared on various news agencies including Sky News, BBC Live and Reuters in connection with the Amanda Knox murder trial and subsequent appeals.

Criminal defence in Europe

Our multi-lingual and multi-specialist criminal defence lawyers represent foreign nationals across Europe when they face criminal charges. We recognise the need to support a multi-national community and can offer immediate assistance to non-Italian speakers during these stressful times. In order to get the best possible outcome for your case, it is critical that you know what your rights are and understand all your options. Our team have vast experience in dealing with cross-border cases as well as handling cases that are covered by different sets of national laws.

It is understandable that those facing criminal charges will find the situation stressful and upsetting. This can be exacerbated if the incident occurs away from home in a country where you do not speak the language fluently and may not understand the legal system or recognise the implications of the charges on both their reputation as well as their freedom. Our expert lawyers will support and assist anyone in this situation and guide them through the entire legal process.

We have offices in Italy, Spain, Germany, Tunisia, Portugal, France and UK offices in Birmingham, Glasgow and London, which enables your case to be dealt with through our UK offices without the need for constant travel to the country where the offence took place.

Criminal procedure 

The criminal procedure varies in European countries, often being inquisitory, with a presiding judge who conducts most of the questioning of the witnesses, experts and accused. There is still a prosecutor and defence that will protect the interests of those they are representing.

It is not unusual for a case to be resolved by negotiation with the relevant authorities avoiding the need to appear before a court. We can use the breadth of our experience to reduce the seriousness of charges brought against clients who are at their most vulnerable in a foreign country.

Our expert lawyers will advise you to ensure the best outcome in your circumstances; we work tirelessly to support you and provide a robust defence.

To find out more about how we can help you, please contact us via the online form or email us at [email protected].