Fabio Cozzi
Fabio Cozzi heads the Italian dispute resolution practice and focuses his practice on cross-border litigation, domestic and international arbitration, compliance, financial crime and international trade.
He advises corporations, financial institutions and investment funds in complex disputes, often spanning multiple jurisdictions, as well as domestic and international arbitration proceedings in a range of commercial, corporate, real estate, energy, bankruptcy, financial and technology-related matters.
Italian Anticorruption Authority Publishes Draft Guidelines on Whistleblowing Internal Reporting Channels
By Fabio Cozzi and Giuseppe Tinello on Dec 5, 2024
Posted In Legislative Update, Italy
On November 7, 2024, the Italian Anticorruption Authority (ANAC or the Authority) made available for a preliminary consultation the “Draft Guidelines on Whistleblowing Internal Reporting Channels” (the Draft Guidelines), aimed at providing additional clarifications as to the appropriate management of internal reporting channels under Decree No. 24/2023 (the Whistleblowing Decree). ANAC is now collecting comments...
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Corporate Liability is Extended to New Predicate Crimes Under Italian Law
By Fabio Cozzi and Giuseppe Tinello on Aug 7, 2024
Posted In Legislative Update, Italy
As it is widely known, Italian Legislative Decree No. 231/2001 (Decree 231) governs the liability of legal entities (including Italian subsidiaries of foreign companies) in case certain offenses (the Predicate Crimes) are committed in the interest or to the benefit of the entity by its directors, managers, representatives, or employees under their surveillance. The legal...
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The Italian Supreme Court Paves the Way to Further Expansion of Litigation Funding in Italy
By Fabio Cozzi and Giulio Marconcin on Aug 2, 2024
Posted In Italy
Litigation Funding is fast-growing in Italy. According to one of the most experienced Litigation funders operating across several jurisdictions including Italy, [1] the investment potential is equal to ~EUR 185 million and it is estimated to reach 325 million in 2027. Currently, the most relevant cases in Italy involve antitrust litigation, international arbitration, commercial litigation,...
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Corporate Compliance: A Ruling from the Court of Milan Further Clarifies How to Prevent Corporate Criminal Liability in Case of Directors’ Criminal Violations
By Fabio Cozzi on Jun 3, 2024
Posted In Regulatory/Compliance, Italy
The Italian Supreme Court recently stated that the director’s criminal liability cannot automatically trigger the recognition of corporate criminal liability, as company’s organizational fault must be specifically demonstrated by the Public Prosecutor.[1] Now, the Court of Milan[2] specifically clarifies how an appropriate and effective Organization, Management and Control Model (Model 231) pursuant to Italian Legislative...
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Claim for Damages Against Directors of a Foreign Company: Do Italian Courts Have Jurisdiction?
By Fabio Cozzi and Giulio Marconcin on Jun 3, 2024
Posted In Court Judgment, Italy
Corporate disputes often have a transnational dimension, including in connection with directors liability for wrongdoing. Italian courts are frequently called to decide claims against corporate directors with links with other legal systems, such as the company being incorporated under the laws of a foreign State. This poses relevant procedural issues. The Court of Milan (decision...
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Climate Change Litigation in Italy: The First Judgment From the Court of Rome
By Fabio Cozzi and Giulio Marconcin on May 14, 2024
Posted In ESG, Procedural Legal Update, Italy
The total number of climate change court cases has more than doubled since 2017 and is growing worldwide, according to the UN Environment Program (UNEP) and the Sabin Center for Climate Change Law at Columbia University. Most of the cases are pending in the US, however the EU and (even more significantly) developing countries are...
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New Whistleblowing Rules in Italy
By Fabio Cozzi, Francesco Bianchi, Stefano Mechelli and Massimiliano Moruzzi on Feb 12, 2024
Posted In Legislative Update, Italy
On March 15, 2023, Legislative Decree No 24 of March 20, 2023, transposing EU Directive 2019/1937, was published in the Italian Official Journal. The new law entered into force on March 20, 2023, and must be implemented. The new rules came into effect on: July 15, 2023, in the case of all public entities, and...
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New Reform Makes Italy Even More Attractive for Arbitration
By Fabio Cozzi, Francesco Bianchi, Stefano Mechelli and Massimiliano Moruzzi on Feb 9, 2024
Posted In Arbitration, Procedural Legal Update, Italy
A significant and extensive reform of the Italian Code of Civil Procedure (ICCP) was recently enacted by the Italian Government. Legislative Decree No. 149/2022 (the Reform), became applicable as of February 28, 2023. The Reform introduced material changes to the rules governing proceedings before State Courts, with the aim of increasing efficiency and cutting the...
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The New Representative Action in Italy
By Fabio Cozzi, Francesco Bianchi, Stefano Mechelli and Massimiliano Moruzzi on Feb 7, 2024
Posted In Procedural Legal Update, Italy
A new kind of class action has been introduced to the Italian legal system. Legislative Decree No 28 of March 10, 2023, transposing EU Directive No 1828/2020, has introduced the so-called “Representative Action”. The provisions applied as of June 25, 2023 with respect to violations occurring after application date. The main features of this new...
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