The law firm founded by Maurizio de Tilla stands out for its dual focus: on the one hand, a strong litigation practice; on the other, contract advisory services geared towards risk prevention and management. Its identity and development are outlined by lawyers Caterina de Tilla and Nicola Ferraro, who for several years have led the firm’s offices in Milan, Rome and Naples. Both trained at leading Milanese law firms with a strong litigation focus.
by Roberta Imbimbo
Ms de Tilla, how would you define the firm’s identity today?
We are a highly specialised boutique law firm, with litigation at the core of our practice, complemented by out-of-court and contractual advisory work aimed at managing business risk. We operate primarily in three areas: banking and finance — with a particularly strong focus on factoring — corporate law and real estate, especially disputes and contractual issues arising from the sale and lease of large-scale properties, including entire buildings.
Turning specifically to factoring, what does your practice cover?
We advise banks operating in the factoring sector, particularly in the management and recovery of receivables owed by public administrations. Our work covers both the contractual and litigation stages, the latter often involving considerable complexity. The main issues concern the validity and enforceability of assignments of receivables against public administrations, the requirement that contracts entered into with public bodies be executed in writing, and the defences that debtors may raise against assignees — an area that continues to be subject to differing interpretations in the case law.
What added value do you bring to this area?
Our extensive experience enables us to handle complex disputes with a strategic approach, including matters concerning the relationship between assignor and assignee, as well as actions for termination of contract and claims for damages where receivables cannot be recovered.
Mr Ferraro, what about your real estate practice?
We advise on the sale and lease of non-residential properties, including large-scale assets. In relation to property transactions, we handle contractual breaches, pre-contractual liability and actions for specific performance pursuant to Article 2932 of the Italian Civil Code, as well as defects and discrepancies affecting properties. In lease disputes, we deal with issues including unlawful withdrawal, compensation for loss of goodwill, refusal to renew, rent arrears, recovery of possession and damages arising from delayed surrender of the premises.
What are “large-scale leases”, and what approach do you adopt in this area?
These are lease agreements with annual rents exceeding €250,000, in which the parties are regarded by the legislature as being on an equal footing. In other words, there is no presumed weaker or stronger party. As a result, the parties may derogate from certain statutory provisions that, in ordinary leases, are designed to protect the tenant as the weaker party.
Our strategy combines an in-depth understanding of the legal framework governing leases with a thorough knowledge of contractual dynamics and of the disputes and legal consequences that may arise from breaches of contract. This enables us to protect our clients effectively at both the contractual and litigation stages.
What distinguishes your overall approach?
The integration of advisory and litigation expertise: preventing and mitigating risk from the outset, while managing disputes strategically when litigation becomes unavoidable. Because a successful outcome is built long before a case reaches the courtroom.
