The inspiring principle
To protect a company internally and externally while preserving its very nature is the core of Opus’ work. Our objective is to clarify and solve every legal issue using the company’s jargon. We apply the project approach that distinguishes us also to the Legal sector through analysis, support and tailored management activities.
Legal reviews are a mandatory passage for every type of business. In fact, every single entrepreneurial operation should be veriﬁed by a legal expert.
Through a scrupulous analysis of the critical needs, juristic specialists can support the company in many decisions that otherwise might lead to substantial economic damage or worse.
The mission of our Legal Department is to support the company through tailored actions aimed at designing an organizational model capable of supporting it and distinguishing it from its competitors.
Governance analysis and creation of policy, corporate compliance models and procedures (organizational models pursuant to Legislative Decree 231/2001, regulations, internal procedures and shareholders’ agreements).
Assistance in the fields of corporate and commercial law, at judicial and extrajudicial level in both national and international jurisdictions. Protection of the private individual towards the authorities and during relations between private individuals.
Specialized support during purchase and sale, and during the adoption and implementation of General Terms and Conditions as internal regulatory basis for all economic transactions.
Specialist personnel training for contracting, procurement and sale teams, aimed at understanding and leveraging the General Terms and Conditions, also in case of conflicting Terms and Conditions with commercial partners (the uniform juridical battle of form for European and extra-European countries).
Support and specialist training on relations with Compliance and Control Authorities (e.g. OFAC) within and outside the EU, aimed at the establishment of contractual clauses that allow the company to avoid potentially damaging conditions without fines.
Support during contracts and negotiations, also cross-border, and expert opinions, especially in the sectors of transport, tenders, national and international transactions, credit and delivery terms (INCOTERMS).
Active participation during the implementation of commercial instruments for the preservation and management of intellectual and industrial property, patents and trademarks, national and international coverage of logos, and legal action for unfair competition.
Specialist actions for the creation and execution of advanced training as well as organizational models for internal management and control activities, to allow the company to build international credibility and coverage during legal actions where the company would be called together with the actual defendant (e.g. D.Lgs. 231/2001).
Assistance in the field of labor law, from the stipulation of the individual employment contract to the union agreements for mobility operations, from the management of mediation proceedings to labor law disputes.
Assistance and development of strategies regarding transport law and related contracts.
Assistance in the fields of customs law, at judicial and extrajudicial level in both national and international jurisdictions. Protection of the private individual towards the authorities and during relations between private individuals.
Support in the adoption of litigation measures and best practices able to prevent disputes with Customs Agencies. These are tailored to the company considering its industrial sector, the international environment it operates in, its organizational structure, business model and internal skills.
Active participation during the identification of relevant procedures to follow to ensure the correct customs classification of the company’s products, the correct identification of their origin and the correct application of the special disciplines for Made in Italy. Support for the correct management of all elements and duties prescribed by customs law, including transfer pricing, product value, incoterms, SOLAS convention, IVA/VAT, excises and potential import-export restrictions. This is to avoid negative consequences for the company, including smuggling, tax evasion and sanctions.
Specialist support for the identification of 7 key points for the realization of an effective PIC (Internal Compliance Program) for controls on commercial products with double purpose (CE n. 428/2009).
Specialist support for the creation and execution of personnel training on contractual terms and business models to reduce while ensuring compliance. Support during simplification of procedures for the obtainment of official authorizations (e.g. Authorized Exporter, Authorized Economic Operator).
Privacy and GDPR
Support during creation and implementation of privacy policies and procedures that, based on the company’s needs, ensure full compliance to the relevant legislation. This includes specific assessment activities and the identification of potential gaps.
Support during Data Privacy Impact Assessments (DPIA) for risk identification and the adoption of technical and organizational measures to ensure fit-for-purpose and efficient personal data management within the company. Support during creation and update of document plans and archiving, personnel training on the topic and execution of regular controls to ensure compliance over time.
Available for DPO roles for preservation and coverage, also during disputes with privacy and jurisdictional authorities.
Support for planning and implementation of projects concerning corporate investments abroad, for commercial and/or production purposes.
Preventive risk assessment and support during disputes before all civil, criminal, administrative and special jurisdictions in Italy and abroad.
Mergers, acquisitions, divestments, reverse mergers, buybacks, leverage buyouts.
Business financial restructuring
Corporate crisis management through the stipulation of debt restructuring agreements with creditors. Management of relations with credit institutions. Management of insolvency procedures. Management of tenders.
Coordination of internal and external investigative activities managed by highly specialized and qualified professionals.
Internal interventions: absenteeism, pre-employment investigations, bullying, insider trading, loyalty, non-disclosure agreements.
External interventions: unfair competition, protection of intellectual property and trademarks, competitive intelligence.
The meeting with the customer is an opportunity to identify the needs and most appropriate tools to define and plan the intervention areas, ensuring immediate support to the company:
- Business Legal Check Up: the diagnostic instrument used to minimize risks, litigation and expenses, as well as to verify that the Client’s operations are fully compliant to local legislation. Once the Check Up is complete, the Client receives a comprehensive review of improvement areas, remediation and/or legal support needed in its organization.
- Assessment: the activities through which we assess the juridic position of the company and evaluate how the company manages its operations from a legal standpoint. These include benchmark activities against best practices and the legal standards of the Client’s countries of operation.
- Risk Management: the analysis to identify, estimate and define the priorities that the legal risks that the company faces, including an action plan comprehensive of internal and external mitigation strategies.
Opus is able to guarantee a company’s complete coverage thanks to the combined action of these three instruments. Our method acts at 360° to ensure that the Client’s internal resources and its position in the external environment are leveraged to the max in full compliance with the relevant legal frameworks.
Once the customer’s needs are defined, Opus specialists work on a concrete response strategy. The results of this second step are summarized in the As-Is Document and in the Vision Document, from which the Project Document is then created.
- The As-Is Document defines the position and the conditions of the company at the start of the project. This focuses on specific intervention areas based on pre-agreed parameters and variables.
- The Vision Document outlines the direction, fundamental prerequisites and the basis for development, both at a technical and operational level.
- The Project Document allows to move from theory to practice through the implementation of the activities previously presented. The document summarizes the challenge, its solution, the parties involved, roles and responsibilities, budget and timelines.
In full compliance with the planning agreed with the Client, Opus provides a detailed and timely report that documents, for each area of intervention, the results achieved against the established objectives. The Final Report summarizes the results of the project and the actual benefits obtained by the Client.
For a company to carefully choose its legal support and the professional with whom to establish a relationship of trust is an increasingly complex and delicate activity. In the contingent legal scenario, Opus experts ensure the best specific skills, where traditional legal support to the company cannot, in fact, master all the necessary knowledge on its own.
Opus, thanks to its integrated and punctually updated view of the legal landscape for the company, allows dialogue with accredited sector specialists and access to services with competitive market values and in full compliance with the Client’s budget.
Dynamic identification of problems
The Opus Legal Department acts as a single and reliable interlocutor in providing effective solutions: through detailed analysis and diagnosis the real need of the company and the objectives to be achieved are identified.
Constant customer support
The specialized knowledge of Opus, together with a managerial know-how, fruit of a concrete business culture, allows to constantly support the Customer in an action able to solve all the business issues.
The sensitivity to the problems of the company and the competence in the business sector, within which the Client operates, allow us to adopt a language never embalmed in legalese jargon, but coherent and akin to the values of the company.
Opus has woven a dense and consolidated network of partners and collaborators operating in various countries and markets, thanks to which it is able to provide the customer with a service capable of ensuring the utmost professionalism and effectiveness in every area of activity and in each specific market.
Clear and defined budget
In order to ensure clarity and punctuality, each project is defined from the outset in all its aspects, including with regard to the economic sphere that always takes into account the client’s budget.