Avv. Gregorio Salatino - Law Firm

Areas of expertise


The Founder


The Founder
Mr. Gregorio Salatino was born in Rome on 10 August 1979 and he has been enrolled with the Bar since October 29, 2009.

He practices law in both Milan and Rome, mainly dealing with company law (including M&A transactions), contracts (including international ones), bankruptcy and turnaround, third sector, privacy, European law, international law and general civil law (separations and divorces, successions, road accidents, compensation for damages, etc.).

In all the above matters, he carries out both consultancy and litigation activities.

He is trusted lawyer of the Embassies of the United States, Canada and Belgium in Rome.

For years he worked as a "Senior Associate" at leading international law firms. Previously, he worked as “Junior Associate” at well-known University Professors’ law firms.

During years 2018-2019 he carried out a research project at the Max Planck Institute for Comparative Public Law and International Law in Heildelberg (Germany) on the topic "The Restructuring of Sovereign Debt".

He is a member of the editorial board of the legal journals "Giurisprudenza Commerciale" (the most important Italian legal journal in the field of commercial law) and "Diritto del Commercio Internazionale" (the most important Italian legal journal in the field of international trade law).

He is the author of several articles on economic law issues, published in important national and foreign journals (see "Publications List").

During years 2009-2010 he was consultant to the Italian Government - Department of Youth Policies (“Presidenza del Consiglio dei Ministri – Dipartimento della Gioventù”), on the legal aspects of youth policies (in particular, he studied possible amendments to Legislative Decree no. 155/2006, concerning the regulation of the so-called "Social enterprise").

During years 2008-2010 he had been appointed as Professor in commercial law at the "Vittorio Emanuele Orlando" School of Law; previously, he was assistant lecturer in commercial law and bankruptcy law at the University of Rome "La Sapienza".

In 2007 he was appointed as “Honorary Secretary of the Roman Young Bar Conference” after winning the competition held by the Rome Bar Council aimed at selecting the five best young lawyers operating in the district of Rome).

He is "Brand Ambassador" of the non-profit organization TUeaMORE, engaged in the fight against cancer.

He speaks fluent English and German.

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List of publications


List of publications
  • Contratti di swap. Dall'"operatore qualificato" al "cliente professionale": il tramonto delle dichiarazioni "autoreferenziali", in Banca borsa e titoli di credito, 2009, p. 201.
  • La diffusione dei contratti di swap nella prassi commerciale italiana: un nuovo scandalo finanziario, in La nuova giurisprudenza civile commentata, 2010, p. 116.
  • La responsabilità della holding nel nuovo art. 2497 c.c.: davvero una "nuova frontiera" della responsabilità civile?, in La Responsabilità Civile, 2010, p. 304.
  • Derivatives in Italy: who will defuse the "time bombs"?, in Eurolawyer, 2010, p. 8.
  • Impresa sociale, in Contratto e impresa, 2011, p. 394.
  • Overview of umbrella clauses, in Business Law International, 2012, p. 51.
  • “Patto di garanzia” nel contratto di acquisizione (“Sale Purchase Agreement”), in Giurisprudenza Commerciale, 2015, p. 891/II.
  • L’attività di direzione e coordinamento: nozione, “punti di equilibrio”, parametri di “liceità” e di “dannosità”, e altre questioni inerenti la responsabilità, in Rivista del Notariato, 2015, p. 1331.
  • La responsabilità delle società partecipanti alla scissione ex art. 2506-quater, comma 3, c.c., in Rivista del Notariato, 2016, 306.
  • Representations and Warranties” in Sale and Purchase Agreements ("SPA"): The Italian Perspective, in Global Trade and Customs Journal, 440.
  • La responsabilità delle società partecipanti alla scissione ex art. 2506-quater, comma 3, c.c., in Giurisprudenza Commerciale, 2016, no. 5, p. 972/II.
  • Decision of the Italian Constitutional Court no. 16/2017: Article 26 of Law Decree no. 91/2014 (remodelling feed-in tariffs for photovoltaic plants that have a nominal power exceeding 200kW) is not against the Italian Fundamental Law, in Renewable Energy Law and Policy Review, 2017, Volume 8, Issue 1, p. 30.
  • La "clausola indennitaria" nel contratto di acquisizione ("Sale Purchase Agreement"), in Rivista del Notariato, 2017, p. 295.
  • “Representations and Warranties”: c’è la traduzione letterale manca quella giuridica, in FC Hub – Financial Community Hub, 2017.
  • The transfer of going concern in Italy: who pays the trade debts?, in University of Bologna Law Review, 2018, p. 142.
  • A spotlight on Italy: The New Regulation of the “Social Enterprise”, in The Philanthropist, 2018.
  • Le operazioni di fusione a seguito di acquisizione con indebitamento (merger leveraged buy-out), in Giurisprudenza Commerciale, 2018, p. 363/II.
  • Una Europa instabile può affrontare la sfida della solidarietà?, in FC Hub – Financial Community Hub, 2020.
  • The Restructuring of Sovereign Debt, in Diritto del Commercio Internazionale, 2020, no. 2, pp. 343-402.


Contacts


  • Via Costanza, No. 34, Milan, MI, Lombardy, Italy

Blogs


In these difficult times, we, the lucky people of Western world, should not turn our shoulders to the poorest countries. As Stigilitz said: “in the world's advanced economies, compassion should be sufficient motivation to support a multilateral response. But global action is also a matter of self-interest. As long as the pandemic is still raging anywhere, it will pose a threat - both epidemiological and economic - everywhere ". In principle, many of you may agree on this. But how can we find the resources to support the poorest countries (in a context in which the richest countries are in troubles too)? There is a tool, within the IMF, that has not been accurately considered so far, the "Special Drawing RIghts" (SDRs). Please find here the article that I published on "The Georgetown Journal of International Law", in which I propose an innovative measure to tackle the Covid-19 economic crisis, through the use of SDRs.

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With great pleasure I upload the video made by the Circoli Dossetti of Milan on the occasion of the conference, of which I was the speaker, on the theme "An unstable Europe can face the challenge of solidarity"? Once again, a heartfelt thanks to the Circoli Dossetti of Millano.

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01Jul

"Reviving the economy does not mean returning to the situation before the crisis, but making a leap forward". So reads the press release of 27 May 2020, with which the European Commission presented its proposal for the "Recovery Fund". Can we hope that this "leap forward" will bring us a different, better Europe, a Europe based on solidarity between peoples?

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28Jun

The research project That I Carried out at the Max Planck Institute of Heidelberg on the Restructuring of Sovereign Debt has just been published on the legal journal "International Trade Law" (see: G. SALATINO, The Restructuring of Sovereign Debt in Law International Trade , 2020, No. 2, pp. 343-402).

Starting from the experiences of Greece and Argentina, the article examines the main legal issues that may come up when an over-indebted State engages in a restructuring of sovereign debt. More in detail, I stress the unsuitability of the current legal framework.

"New" tools such as "Collective Action Clauses" (CACs) mark an important step forward, however, they neither can address all the various inefficiencies.

Considering the above, many experts long for the establishment of "a kind of" international bankruptcy procedure for States.

In the article I shed some light on the principles upon which - in my opinion - such procedure should be built. I also stress the importance of a new form of conditionality, which should not be felt as "painful" from the population of over-indebted countries (as it happened with Greece and Argentina).

The paper has been submitted to the IMF, the ESM, the EC and the ECB. I hope it may be of help to address the upcoming Covid-crisis.

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Report given during the conference on "Can an unstable Europe face the challenge of solidarity?". The conference focused on issues such as the Euro and the Economic and Monetary Union (EMU), the Save States Fund, quantitative easing, as well as the new tools "put in place" to face the crisis caused by the spread Covid 19 (in particular, Recovery Fund).

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"It is up to ... the President of the Council of Ministers to identify the necessary measures to counter the spread of the COVID-19 virus, while the Regions are only allowed to intervene within the limits outlined by art. 3, paragraph 1 of the decree 19 of 2020, which however in the present case it is undisputed that they are not integrated ".

"It is up to ... the President of the Council of Ministers to identify the necessary measures to counter the spread of the COVID-19 virus, while the Regions are only allowed to intervene within the limits outlined by art. 3, paragraph 1 of the decree 19 of 2020, which however in the present case it is undisputed that they are not integrated.


TAR CALABRIA sentence 841_2020.pdf

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Letter that Commissioners Gentiloni and Dombrovskis sent to the Eurogroup. The letter confirms that it will be possible to request assistance from #MES without undergoing "strict conditionality". The only conditionality will consist in the commitment to use the funds for healthcare expenses. The text confirms that a macroeconomic adjustment plan will not be signed.

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The attached slides have been prepared by Avv. Gregorio Salatino for the report on the theme "The" guarantee pact "in the contracts for the sale and purchase of shareholdings", carried out on the occasion of the inauguration of "Avv. Gregorio Salatino - Law Firm ", held in Milan (with video connection with Rome) on 2 May 2020.

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Saturday 2 May 2020, 15:00 - Webinar free on the theme: "The "guarantee pact" in the contracts of sale of social participations"

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L’Unione Europea è oggi alla resa dei conti con la storia. Quale direzione si deciderà di intraprendere per attraversare la crisi ed uscirne fuori? Ripercorrendo la filosofia di fondo che ha ispirato la strutturazione dell’Unione Economica e Monetaria e come sia stata riflessa nel Trattato di Maastricht, l’autore esamina gli strumenti elaborati in ambito europeo per la risoluzione delle crisi, e ne valuta l’idoneità ad affrontare l’emergenza sanitaria ed economica causata dalla diffusione del Covid-19.

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Article 2560, paragraph 2, of the Italian Civil Code sets forth a specific regulation of the trade debts in the context of the transfer of a going concern. Such provision of law seems apparently clear. However, case law and the scholars show that its actual applicability has raised several issues over the years. This paper examines some of these issues, especially focusing on the interpretation followed by the majority of case law, with the specific aim to give, once for all, some guidelines to the practitioners.

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