Letters Blogatory

The Blog of International Judicial Assistance | By Ted Folkman of Folkman LLC

Posts tagged “Italy

Case of the Day: Zanghi v. Ritella

Posted on February 11, 2020

The case of the day is Zanghi v. Ritella (S.D.N.Y. 2020). Francesco Zanghi and Zanghi LLC sued Piergraziano Ritella, Giuseppe Cavallaro, Alessandro Vacca, and Gioia e Vita S.r.L. alleging violations of the securities laws and the RICO Act. “Broadly described, the complaint alleges that defendants defrauded plaintiffs into investing in pizzerias in New York City and Miami.” He served some of the defendants in Italy by FedEx and some by email. The Italian defendants moved to dismiss for insufficient service of process.

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Case of the Day: AlixPartners v. Mori

Posted on December 2, 2019

The case of the day is AlixPartners LLP v. Mori (Del. Ch. 2019). AlixPartners was a “global business advisory firm.” Giacomo Mori was its managing director in Milan. During his employment, Mori received equity interests in two Delaware entities, AlixPartners, LLP and AlixPartners Holdings, LLP. The equity awards were governed by agreements that had Delaware choice of law and choice of forum clauses. He was an employee of AlixPartners S.r.l., an Italian firm, and his employment agreement had an Italian choice of law clause—but no choice of forum clause. All three of the Alix entities were plaintiffs. They alleged that Mori knew he was about to lose his job and that he downloaded confidential company information and refused to return it. They brought claims…

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Case of the Day: AlbaniaBEG Ambient v. Enel

Posted on February 26, 2018

The case of the day is AlbaniaBEG Ambient Sh.p.k. v. Enel S.p.A. (N.Y. App. Div. 2018). I wrote about a related procedural decision in March 2016. AlbaniaBEG was the Albanian subsidiary of Becchetti Energy Group S.p.A., an Italian firm. The defendants, Enel S.p.A. and Enelpower S.p.A., are also Italian companies; Enel is Italy’s largest power company. Becchetti made a contract with Enelpower for the possible construction of a hydroelectric plant in Albania. The agreement had an Italian choice-of-law clause, and it required arbitration of disputes in Rome. Enelpower withdrew from the project, and BEG demanded arbitration. The tribunal’s award dismissed BEG’s claims against Enelpower. BEG sought to nullify the award in the Italian courts, but the courts rejected its claim.

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