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EXP Legal

Thursday, 01 June 2023 15:17

Claudio Scaramella joins EXP Legal

With immense pleasure, EXP Legal announces that Claudio Scaramella will be joining the firm, effective from June 1, 2023.

Claudio Scaramella, corporate lawyer in Italy, will significantly contribute to EXP Legal Business Internationalization Department and will assume the role of head of the Intellectual Property Department.

Claudio Scaramella has garnered extensive experience in the field of business internationalization in Brazil, where he has built a valuable network of contacts. His deep understanding of the Brazilian market is an invaluable opportunity for investors and businesses interested in exploring or strengthening their presence in this dynamic setting.

Antonello Corrado e Giorgio Cherubini, Senior Partner of EXP Legal, agree that "the entry of Claudio Scaramella into the Firm is of great value and represents an opportunity to strengthen the international practice of the Firm, consistent with his strategy and vision and perfectly integrated with the ability to operate in international scenarios and online with Italian and international firms and professionals with whom EXP Legal maintains consolidated relationships”.
Tuesday, 13 June 2023 08:46

We The Italians Gala Dinner 2023

Last night, our Senior Partner Antonello Corrado and Senior Associate Stefano Rossi represented EXP Legal at the esteemed "We the Italians" gala dinner in Rome, held at the distinguished Circolo del Ministero degli Affari Esteri. This event, which is an exclusive celebration of the deeply-rooted bond between Italy and the United States, was attended by prestigious institutional figures and esteemed guests.

The event was also graced by the presence of the board of the National Italian American Foundation, an organization which symbolizes the identity and aspirations of 20 million Italian Americans.

As part of EXP Legal's ongoing efforts to bolster business relations between Italy and the U.S, Antonello Corrado and Stefano Rossi engaged in thought-provoking discussions and brainstorming sessions focused on innovative strategies to promote the 'Made in Italy' brand within the U.S.

We at EXP Legal believe in the power of collaboration and international partnerships. The unique synergy between Italy and the U.S. demonstrates how two nations, when united by shared values and mutual respect, can create a robust business environment that benefits all.

The evening left us inspired and more determined than ever to contribute to this dynamic partnership.

Let's continue to forge ahead, connecting Italian creativity with American innovation for a prosperous future.


SIMEST Equity Loans (“Prestito Partecipativo” in Italian) and Venture Capital Fund represent a unique opportunity for Italian companies looking to expand their presence on international markets. By acquiring minority stakes in Italian companies or in their foreign subsidiaries, SIMEST provides financial and strategic support to help these businesses grow and succeed in the global marketplace.

SIMEST, a subsidiary of Cassa Depositi e Prestiti, is committed to supporting Italian companies in their internationalization efforts. In particular, through its “Equity Loans”, SIMEST acquires minority stakes in these businesses using either its own resources or, for foreign investments, those of the Venture Capital Fund. This approach helps support investments abroad as a long-term minority institutional investor, either by acquiring stakes in foreign subsidiaries or by investing in Italian companies themselves, provided they use the resources for investments in innovation and research to gain a better position on foreign markets.

In addition to the direct investments by SIMEST, the company offers public assistance at excellent conditions in association with the Italian Ministry of Foreign Affairs and International Cooperation. This assistance can be combined with a Venture Capital Fund investment solely for direct investments abroad, further boosting the financial support available for international expansion projects.

The combined investments by SIMEST and the Venture Capital Fund may reach up to 49% of the foreign company’s capital and may not exceed the Italian promoter company’s stake. Duration of the investment: up to 8 years.

Furthermore, for investments in non-EU countries, interest grants are available to bring down the cost of the loan that the promoter company agrees with a third-party bank to finance its investment in the foreign company’s capital.

The benefits of using SIMEST Equity Loans and Venture Capital Fund for Italian companies are numerous. First and foremost, access to financial resources enables businesses to support their growth and expansion on foreign markets, increasing their global presence and competitiveness. Furthermore, SIMEST's strategic support and international network of contacts facilitate entry into new markets and the establishment of valuable partnerships.

Moreover, the long-term nature of SIMEST's investment as a minority institutional investor helps Italian companies maintain control of their businesses while still enjoying the advantages of additional financial resources. This balance ensures that companies can successfully navigate the challenges and opportunities that arise during international expansion efforts.

Finally, the collaboration between SIMEST and the Italian Ministry of Foreign Affairs and International Cooperation ensures that Italian companies receive comprehensive support that caters to their specific needs. This partnership maximizes the effectiveness of public assistance and promotes the internationalization of Italian businesses.

In conclusion, SIMEST Equity Loans and Venture Capital Fund provide an invaluable resource for Italian companies seeking to expand and establish themselves on international markets. Through the financial and strategic support offered by SIMEST, Italian companies can overcome barriers to international expansion, enhance their competitiveness in the global market, and contribute to the growth and development of Italy's economy.

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Our team at EXP Legal remains committed to assisting you with any legal aspects related to international expansion and ensuring that you have the proper guidance and support throughout the process. Should you have any questions or require further information on how to leverage Simest's support for your business, please do not hesitate to contact us.



EXP Legal is a member of the International Lawyers Network, which facilitates personal relationships among lawyers in mid-sized law firms all over the world, allowing our Firm to confidently operate in a global marketplace while retaining our independence and local expertise.

ILN is in the top 20 of law firm networks globally, with 91 high-quality, full-service, and specialized law firms with over 5,000 lawyers in 67 countries on 6 continents.

We've developed strong relationships with other real estate colleagues all over the world, which help keep us on the cutting edge of worldwide trends and issues in real estate law and allow us to confidently cover all clients needs wherever they may have.


The ILN has announced the 7th edition of their real estate guide, "Buying & Selling Real Estate: An International Guide," which we thought you would find valuable.

The collaborative electronic guide provides a summary of key real estate law principles in 30 jurisdictions internationally, which has expanded by two chapters over last year's edition.

It is designed to serve as a quick and practical reference for those buying and selling real estate in these jurisdictions.

One of the key jurisdictions highlighted in the guide, which you may find of value, include Italy to which our Senior Partner Giorgio Cherubini and Partner Giuseppina De Stefano contributed as authors.

To view the guide, please click here.


Until August 29th, 2022, it will be possible for the Members of the Italy-America Chamber of Commerce Southeast (IACCSE) to vote for the renewal, through online voting, of the new Board of Directors of the Chamber for 2022-2025.

Among the 20 Candidates identified by the IACCSE Compliance Committee and qualified for this election in accordance with the Chamber's Bylaws, no more than 11 Board positions will be elected.

Mr. Antonello Corrado, Senior Founding Partner of EXP Legal – Italian and International Firm - with offices in Rome and Milan, Premium Member of IACCSE and its “Antenna” for Rome and Center-South Italy, is one of the 20 Candidates for the new Board positions. 
He and his firm members have participated as speakers in several initiatives of the Business Expert Channel and to the 2019 and 2022 MeetUS events organized by IACCSE. Several videos are online on BEC/ bec.iaccse.com/i-video/. .

The experience acquired in the complex areas of business and corporate law, accompanied by a keen sensitivity and broad vision of management and operational issues of legal entities, have already earned Mr. Corrado the appointment as member of the Board of Directors and Board of Statutory Auditors of commercial companies, non-profit organizations, as well as cultural multinational associations.


If elected I would be an Italian based member, although frequent traveler to Miami and the other IACCSE Countries and my effort and objective will be the strengthening of the relationship between IACCSE and the Italian economic and business community” says Antonello Corrado “shortening and streamlining the path between the countries towards which the Chamber directs its activity”.


The Chamber will benefit from Antonello’s consolidated relationship with the U.S. Embassy in Italy, so as to act as a "bridge" between IACCSE and the U.S. Embassy and Consulates in Italy, increasing the Chamber’s reputation with the American diplomatic authorities.


The longtime community leader Attorney Arthur Furia says: “I am thrilled that Antonello seeks to join our prestigious board which I’ve proudly supported since 1990 and served as president in the 90’s. Antonello will be a unique and distinctive board member, a consummate team player, he has helped me going back to early IACC, NIAF , Miami Dade College , Milan Expo, and State of Florida trade missions and initiatives for over past 20 years. As he is already supporting IACCSE at highest membership level, his deep leadership with the Italian business community will put him in the best position to assist our members fine tune the initiatives undertaken in Southeast USA. I proudly offer this testimonial to enlist your vote for a great professional & individual who will join our other worthy and successful candidates. We will be very well served with Antonello on the team.”

Tuesday, 05 July 2022 14:12

EU directive proposal about minimum wage

With the economic downturn of the Covid crisis, hitting sectors with a higher share of low-wage workers, and recently the record-high inflation due to the war in Ukraine, the European Union has been urged to find a compromise to ensure that minimum wages are set at an adequate level, and workers can earn a decent living.

This project was already drafted for several years. In 2017, the proclamation of the European Pillar of Social Rights and its principle calling for adequate minimum wages as well as for transparent and predictable wage setting to be put in place served as the basis for the two-stage consultation of the social partners on how to ensure adequate minimum wages for workers in the Union. Finally, on the 7th of June 2022 was reached a provisional political agreement on the draft directive on adequate minimum wages in the EU.

Having a convergence across the Member States about adequate wages contribute, from an economic perspective to a prosperity in social market economy and to a sustainable and inclusive economic recovery, while from a social perspective, support social progress and gender equality since more women than man earns wages at or around the minimum wage.

I. DISPARATE APPLICATIONS OF MINIMUM WAGE PROTECTION IN THE EU

The minimum wage protection exists in all Member States, but it is applied differently from one to another.
As a matter of fact, for twenty-one States, there is a legal protection on statutory minimum wages coupled with collective agreements. Therefore, in Spain the minimum wage is EUR 1000 and was increased after an agreement with the coalition government partners and two of the country’s main trade union organizations.

For the six other Member States, the protection is provided exclusively through collective agreements. Hence, in Austria collective agreements are negotiated by trade unions and the Chamber of Commerce. As regard Italy, the worker’s wages in the private sector are established by collective agreements between trade unions and companies. Upon request, judges can also fix a minimum wage, binding only on the parties to an individual contract of employment. As for the public sector the Aran (Agenzia per la rappresentanza negoziale delle pubbliche amministrazioni) represents public administration’s employers in negotiating activities.

In practice, however, many workers are currently not protected by adequate minimum wages especially in Member States relying exclusively on collective bargaining. In the majority of Member States with national statutory minimum wages, minimum wages are too low vis-à-vis other wages or to provide a decent living, even if they have increased in recent years. Thus, in 2018, the statutory minimum wage did not provide sufficient income for a single minimum-wage earner to reach the at-risk-of-poverty threshold in 1/3 of Member States. This is partly because not all Member-States use an automatic wage indexation based on fluctuations in the prices of consumer goods or use it only to some sectors. In addition, specific groups of workers are excluded from the protection of national statutory minimum wages.

II. LEGAL BASIS TO ADOPT THE DIRECTIVE

The right to adequate minimum wage is integrated into the principle 6 of the European Pillar of Social Rights, proclaimed by the European Union in 2017, stating that “Workers have the right to fair wages that provide for a decent standard of living. Adequate minimum wages shall be ensured […] In-work poverty shall be prevented. Wages shall be set in a transparent and predictable way […] according to national practices and respecting the autonomy of the social partners.”

Based on this pillar, the Commission proposed a Directive on adequate minimum wages, based on the Article 153 (1) (b) of the TFEU on working conditions, coupled with the article 31(1) of the Charter of Fundamental Rights of the EU stating that “Every worker has the right to working conditions which respect his or her health, safety and dignity”. Those two legal provisions allow the Union, according to the principle of subsidiarity, to support and complement the action of Member States on working conditions, since there are “large differences in standards for accessing an adequate minimum wage” creating “important discrepancies in the Single Market” argued the Commission.

III. CONTENT OF THE DIRECTIVE

From the substance of the proposed Directive, 6 points should be enforced by Member States.

1. Member States shall promote the collective bargaining on wage-setting by promoting the building and strengthening of the capacity of the social partners to engage in collective bargaining and to encourage negotiation on wages among social partners. Moreover, where collective bargaining coverage is below a threshold of 70%, provide for a framework of enabling conditions for collective bargaining and encourage it (article 4);

2. The 21 Member States with statutory minimum wages are requested to put in place a procedural framework to set an update, negotiated between the state and the social partners, about statutory minimum wage taking at least every two years or at most every four years for states using an automatic indexation mechanism (article 5);

3. if they may allow different rates of statutory minimum wage for specific groups of workers, these variations have to be kept to a minimum and not be discriminatory, unproportionate and objectively and reasonably justified by a legitimate aim (article 6);

4. Then, Member States shall ensure that the social partners are involved in a timely and effective manner in statutory minimum wage setting and updated notably concerning the determination of statutory minimum wage levels or the establishment of variations and deductions in statutory minimum wages (article 7);

5. The Member States shall enhance an effective access of workers to statutory minimum wage protection by strengthening the controls and field inspections conducted by labour inspectorates - including reliable monitoring, controls and fields inspections to address abusive subcontracting, bogus self-employment and non-recorded overtime – (article 8) and by assuring that the information on statutory minimum wages is easily accessible (article 10a);

6. Finally, they shall ensure that workers have access to effective and impartial dispute resolution and a right to redress in the case of infringements of their rights relating to statutory minimum wages or minimum wage protection provided by collective agreement. Plus, they shall take the necessary measures to protect workers from any adverse treatment by the employer and from any adverse consequences resulting from a complaint or a proceeding concerning the rights relating to statutory minimum wages or minimum wage protection provided by collective agreements (article 11).

In that respect, the agreement reached the 7th of June will have to be confirmed by Coreper. This endorsement will be followed by a formal vote in both the Council and the European Parliament. Member States and the social partners will then have two years after the adoption of the Directive to transpose it and communicate to the Commission the national execution measures.

Ukrainian Chamber of Commerce and Industry has recognized the Russian aggression against Ukraine resulted in martial law introduction at 5.30 a.m. on 24 February 2022 as force-majeure circumstances.

EXP Legal is pleased to announce the new serie of “Breakfast Meeting” designed to meet the needs of our clients.

The book “Contratti internazionali. Manuale teorico-pratico. Principi generali - Tecniche di negoziazione - Tavole di comparazione” (International Agreements. Theoretical/practical Handbook. General principles - Negotiation techniques - Comparative tables), Pacini Giuridica, 2022, written by Giorgio Cherubini, Stefano Rossi and Giancarlo Cherubini, respectively Founding Partner, Senior Associate and Associate of EXP Legal, was recently released.

The Indonesian government has chosen an Italian company to mitigate Covid-19 pandemic. An international sales and purchase agreement has been signed for the provision of 120,000 air purifiers (STERICLAIR™).

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