Studio PennisiStudio Pennisi
  • Home
  • Who we are
    • Pennisi and Martino lawyers
  • What we do
    • Dispute resolution
    • Out-of- court services
    • Industrial law
    • Privacy and data protection
    • Sport law
    • Criminal law – criminal cyber law
  • Where to find us
  • News archive
  •  
  •   
  • Italiano
  • English
  • Home
  • Who we are
    • Pennisi and Martino lawyers
  • What we do
    • Dispute resolution
    • Out-of- court services
    • Industrial law
    • Privacy and data protection
    • Sport law
    • Criminal law – criminal cyber law
  • Where to find us
  • News archive
  •  
  •   
  • Italiano
  • English
  • Pennisi Studio Legale
    Our expertise at your service
    WE PROTECT YOUR RIGHTS
  • Diritto
     LAW
     Civil Law – Industrial Law – Criminal Cyber Law
    LEARN MORE
  • Rugby
     SPORTS LAW
     Professional sport is not a game
    LEARN MORE
Many professions can be done with the brain and not with the heart.

 

But the lawyer can’t.

 

The lawyer cannot be a pure logician, nor an ironic skeptic, the lawyer must first of all be a heart: an altruist, one who knows how to understand other men and make them live in himself, take on their pains and feel like their anguishes.
(Piero Calamandrei)

NEWS

  • A debt of 73,000 euros towards the bank has become a credit of 9,300 euros!
    25 October 2019
    Bank condemned to compensate the account holder! 3 years ago, an entrepreneur turned to our law firm because a leading Italian bank had withdrawn his loan and demanded him to immediatly repay 73,000.00 euro.. 2 days ago the Court of Rome: - …
  • Medical responsability (case followed by our firm)
    23 September 2019
    The head doctor of department in a Roman hospital – defended by our firm – has been sued for an alleged malpractice that caused the death of a patient. His heirs have therefore asked for the condemnation of the doctor and the hospital …
  • Sports Law – Successful appeal to Guarantee College of Italian Olympic Committee
    27 June 2019
    Sports Guarantee Board before Italian Olympic Committee accepted the new appeal submitted by Mr. Fabio Pennisi on behalf of the former President of the Italian Bowls Federation Romolo Rizzoli against a 12-month ban decision. The subject of the …

WHO WE ARE

Firm Overview

Pennisi Studio Legale is a boutique law firm founded by Fabio Pennisi in 2007.

We provide legal advisory and representation services to businesses, organizations and individuals.

Our main areas of practice are civil litigation, alternative dispute resolution, industrial and intellectual property, sports law and criminal cyber law.

Since 2008, we have operated a legal helpdesk for the Rome office of an international organization, providing legal advice and assistance to the office as well as to diplomatic missions and their staff.

Since 2015, we have performed debt recovery services for a national copyright collecting society.

At the Pennisi Law Firm, we believe in continuing professional development, timely services and constant communication with our clients. Our values allow us to deliver quality, cost-effective legal services.

Studio Pennisi

Fabio Pennisi, Lawyer

Avv. Fabio Pennisi

Fabio graduated in Law from the Sapienza University of Rome, Italy, after which he took a course in Legal English at the University of Cambridge, UK. He is qualified to plead before Italy’s higher courts and Supreme Court.

Prior to founding the firm in 2007, Fabio gained considerable experience at Tonucci & Partners in Rome.

He advises individuals, businesses, organizations (both national and international) and sports federations on matters concerning civil law, sports law, criminal cyber law and the protection of intellectual and industrial property rights, providing his clients with legal representation in court and arbitration proceedings (including international arbitration proceedings).

He has been regularly advising companies and national sports federations.

He regularly participates in conferences and is a lecturer in post-university courses, including on criminal cyber law and sports law.

He speaks English fluently.

Monica Martino, Lawyer

Monica graduated in Law from the Sapienza University of Rome, Italy, and is a member of the Rome Bar.

Before joining the firm, she did an internship at a UN agency in Vienna.

She provides individuals, companies and international bodies with legal advice and assistance in the fields of civil law, family law, condominium law, consumer protection, immigration and citizenship law. She speaks English fluently.

WHAT WE DO

A description of the firm’s practice areas

DISPUTE RESOLUTION

ongoing legal advice, including at clients’ premises – litigation – medical liability – contracts – family law – condominium law – rents and leases – debt recovery

INDUSTRIAL LAW

administrative proceedings – court proceedings – administrative obligations – infringement of rights – assistance with litigation

CRIMINAL CYBER LAW

cybercrime offences – defamation – stalking – unlawful access to data – violations of the confidentiality of correspondence

SPORTS LAW

sports justice – preparation and negotiation of contracts – sports arbitration and ordinary court proceedings

OUT-OF-COURT SERVICES

drafting of contracts – management of transactions – assistance with claims for damages – debt restructuring – assisted negotiation

PRIVACY, CONFIDENTIALITY AND PUBLICITY RIGHTS

personal data protection – exploitation of image or likeness – exploitation of name – protection of reputation

DISPUTE RESOLUTION

Cassazione

Whenever we assist clients with a dispute, we always try to avoid litigation, including through alternative dispute resolution (ADR) methods, in order to provide more cost-effective and timely solutions.

However, if the dispute cannot be resolved through ADR, we assist our clients in arbitration and/or court proceedings (including before the higher courts of law), offering specific expertise in the following areas:

  • Industrial law and intellectual property

    Protection of industrial property rights

    REAL CASE 1 – industrial property rights of an international tour operator: our Client’s distinctive signs  (including their trade mark, domain name and meta tag – i.e., a keyword used by search engines to index a web page) were being unlawfully used on the Internet by a former consultant of theirs who worked in the cruise industry.

    OUTCOME: Following an interim injunction to stop the unlawful conduct immediately, the judgment on the merits awarded considerable damages in favour of our Client and fixed the fine the other party would have to pay in case of future violations of our Client’s rights.


    REAL CASE 2 – industrial property rights of a company operating in the catering industry: a restaurant located in Tuscany was illegally using the highly distinctive trademark of a Rome-based company operating in the catering industry.

    OUTCOME: The Court of Appeal of Florence found a trademark infringement, ordering the company guilty of counterfeiting to stop using the trademark and condemning it to pay damages.

  • Automotive law

    Automotive law

    Since the founding of the firm in 2007, we have provided legal services to the Italian branch of a multinational company operating in the car sales and long-term rental sectors, in particular in-court representation in case of disputes with other companies or with consumers, having gained significant experience in those sectors.

  • Privacy and publicity rights (one’s name, image and reputation)

    Privacy and publicity rights

    REAL CASE 1: a well-known Italian athlete, an Olympic medalist, discovered by chance that his image had been used in a drug advertising poster distributed by a pharmaceutical company to hospitals and doctors’ offices.

    OUTCOME: In response to our cease and desist letter and request for damages, the pharmaceutical company stated that the poster had been distributed for the sole purpose of celebrating the image of the athlete. Following filing of a lawsuit, the pharmaceutical company, during the first hearing, agreed to settle the dispute by paying the athlete a fee for the unlawful exploitation of his image.


    REAL CASE 2: a couple complained that their privacy was unwarrantably infringed in a popular television programme during which details of their sex life (i.e., sensitive personal data) were revealed without their consent.

    OUTCOME: Following our application for an urgent injunction, the competent Court ordered the television program to stop its infringing conduct. Subsequently, at the end of ordinary court proceedings, the couple were awarded damages for infringement of personal information.


    REAL CASE 3: the direct telephone number of the office of a bank CEO was published in the telephone directory among the bank’s contact details.

    OUTCOME: At the end of proceedings against the relevant telephone operator, the Court of Milan ordered that the number be no longer published in the telephone directory and awarded considerable damages to our Client.

  • Medical liability

    Medical liability

    REAL CASE 1 – protecting the rights of a patient: a woman complained that the hospital treating her was responsible for the stillbirth of her child. In particular, her doctors failed to perform a timely C-section, waiting unsuccessfully for her to have a spontaneous vaginal delivery until 42 weeks’ gestation.

    OUTCOME: Before bringing an action against the hospital, we sought the opinion of a forensic examiner specializing in obstetrics and gynecology, who confirmed the hospital’s negligence. Following an unsuccessful attempt at mediation, we sued the hospital for damages. The case is currently pending.


    REAL CASE 2 – protecting the rights of a doctor: the family members of a patient who died of respiratory system cancer sued the surgeon who operated the man for oral cancer years before, alleging a correlation between the two cancers.

    OUTCOME: first of all, we objected to the fact that there had been no attempt at mediation, which is mandatory under Italian law. The parties thus went through mediation, but without resolution, so the case went back to court. After we appointed experienced forensic doctors as expert witness, the Court’s expert found that there was no causal link between the previous cancer and the patient’s death. (The case is currently pending.)

  • Family law

    Family law

    REAL CASE 1 – separated couple with children, sole custody arrangement: the custodial parent’s relationship with the children was marked by conflict and certain behaviours were incompatible with the exercise of parental duties”.

    OUTCOME: we filed an application to modify the terms of separation on behalf of the non-custodial parent. Our client was granted physical custody of the children after a court-ordered expert report showed that the custodial parent had committed violent acts against the children.


    REAL CASE 2 – proceedings to terminate parental rights based on allegations later found to be false and malicious: a family quarrel, provoked by one of the parents as a pretext for gathering elements that would be useful in the context of separation proceedings (removal of the other parent from the home), led to the intervention of the police.

    The Public Prosecutor’s Office at the Juvenile Court instituted proceedings to terminate the father’s parental rights because his wife accused him of harming their children, one of whom was underage.

    OUTCOME: The mother’s deceitful behaviour was revealed during the proceedings, not least thanks to the evidence given by the couple’s children, including the alleged minor victim. This avoided the termination of parental rights for the father, as well as the intervention of child welfare services.

OUT-OF-COURT SERVICES

consulenza

We offer legal advice on the following areas:

  • business law (distribution and agency agreements; general terms and conditions of contracts, including contracts with consumers; in- and out-licensing of intellectual/industrial property rights);
  • real estate (buying and selling, transactions, leases);
  • exploitation of personality rights of sports and show business figures.

Our firm also provides an ongoing advice service at client’s premises.

 

Examples of the work we have done
  • Since 2009, we have assisted an ‘innovative startup’ (within the meaning of Italian Law no. 221/2012, i.e., a SME with high technological value) that specializes in the development and B2B supply of digital services, in particular latest-generation Virtual Data Room services. We periodically review their licensing agreements for compliance with applicable laws and regulations (especially privacy legislation), participate in the negotiation of agreements with their clients, and provide assistance in case of arbitration or court proceedings.
  • We have drafted and periodically reviewed the general terms and conditions used by an automotive company that has thousands of customers. Thanks to our extensive contractual litigation experience, we have helped our client prepare well-drafted contracts to prevent disputes or at least reduce the risks or negative consequences of disputes.
  • Since 2009, we have provided ongoing advice within a Rome-based international organization. In this context, we regularly provide legal advice to foreign clients on Italian and international law matters, especially with regard to:- divorce and separation;- inheritance and gifts;- purchase, sale and lease of residential property;- protection of consumer rights;- citizenship and immigration.

INDUSTRIAL LAW – INTELLECTUAL PROPERTY LAW

We offer advice and assistance with intellectual and industrial property issues, providing the following services:

  • preliminary assessment on administrative or judicial enforceability of the rights in question (clearance searches on trademarks, patents, domain names, and intellectual works);
  • completion of the necessary administrative formalities for protecting exclusive rights (registration and renewal of trademarks, patents, industrial models and designs, domain names and intellectual works with the competent national, EU and international bodies);
  • ongoing monitoring of possible violations of clients’ rights by third parties;
  • assistance with litigation, including representation before courts, arbitration tribunals, and administrative bodies (e.g., the World Intellectual Property Organization – WIPO, Italy’s Competition Authority and Advertising Standards Authority, and the organizations responsible for domain name reassignment procedures).
Examples of past cases

CASE 1: reassignment of a “.com” Internet domain name corresponding to the name of a world-famous football player: a Canadian unlawfully registered and used a domain name corresponding to the full name of an internationally-known Italian footballer. The player turned to our firm for assistance in obtaining the reassignment of the domain name in question.

OUTCOME: We filed a complaint with the World Intellectual Property Organization (WIPO), requesting the reassignment of the domain name. The WIPO arbitrator ordered that the disputed domain name be transferred to our client.


CASE 2: surreptitious advertising of a competing company during a television programme: the trademark and distinctive signs of a cruise company were regularly shown, and the company’s services praised, during a TV programme broadcast daily by a national private network. This was done without clearly identifying the advertising messages as such, which was contrary to the law.  A competing cruise company turned to our firm for assistance in protecting their rights.

OUTCOME: We filed a complaint with the Italian Competition Authority, which found the conduct in question to be unfair. The company producing the TV show appealed the Competition Authority’s decision to the Regional Administrative Court of Lazio, which upheld the decision.

PRIVACY AND PERSONAL DATA PROTECTION

We provide companies and individuals with legal advice on the protection of personal data, name rights, image rights and reputation rights (including commercial reputation).

In this context:privacy

  • we provide assistance with litigation in court as well as with proceedings before the Italian Data Protection Authority;
  • we verify the compliance of company processes with privacy laws and regulations;
  • we prepare all documents required under personal data protection legislation (such as, inter alia, privacy notices, data processing consent forms and authorization requests);
  • we prepare right of publicity license agreements;
  • we assist sports federations in regulating the relationships with athletes belonging to national teams.
Examples of past cases

CASE 1: a well-known Italian athlete, an Olympic medalist, discovered by chance that his image had been used in a drug advertising poster distributed by a pharmaceutical company to hospitals and doctors’ offices.

OUTCOME: In response to our cease and desist letter and request for damages, the pharmaceutical company stated that the poster had been distributed for the sole purpose of celebrating the image of the athlete. Following filing of a lawsuit, the pharmaceutical company, during the first hearing, agreed to settle the dispute by paying the athlete a fee for the unlawful exploitation of his image.


CASE 2: a couple complained that their privacy was unwarrantably infringed in a popular television programme during which details of their sex life (i.e., sensitive personal data) were revealed without their consent.

OUTCOME: Following our application for an urgent injunction, the competent Court ordered the television program to stop its infringing conduct. Subsequently, at the end of ordinary court proceedings, the couple were awarded damages for infringement of personal information.


CASE 3: the direct telephone number of the office of a bank CEO was published in the telephone directory among the bank’s contact details.

OUTCOME: At the end of proceedings against the relevant telephone operator, the Court of Milan ordered that the number be no longer published in the telephone directory and awarded considerable damages to our Client.

SPORTS LAW

diritto sportivoFor several years, we have provided advice and assistance to professional athletes, clubs and national sports federations on the following:

  • negotiation and preparation of contracts for the exploitation of sports performance, on behalf of athletes or clubs;
  • sports arbitration proceedings to protect the rights of athletes or clubs;
  • sports justice, acting in disciplinary proceedings as federal bodies (as a federal prosecutor or a member of the adjudicating committees), or as defense lawyers;
  • proceedings before the Italian courts following the exhaustion of the remedies available in the sports justice system.

 

Examples of past cases

CASE 1: The President of a Regional Committee was summoned before the Federal Court of the Italian Rugby Federation for having allegedly disseminated via e-mail documents relating to a disciplinary proceeding that concerned other members.

OUTCOME: Our client was found innocent of the charges both by the Federal Court and the Federal Court of Appeals because the evidence obtained by the Federal Prosecutor’s Office did not demonstrate any responsibility on his part.


CASE 2: non- payment of the contracted fee to a professional football player.

OUTCOME: We instituted arbitration proceedings before the Collegio of the Lega Nazionale Professionisti, which, in its award, ordered that the fee be paid to the player.


CASE 3: a Federation accredited by CONI instructed us to defend it in 4 arbitration proceedings promoted by some of its members before the TNAS (National Sports Arbitration Tribunal), to obtain the annulment of disciplinary measures adopted by their respective sports justice bodies. These members had been found guilty of serious offences and sanctioned with revocation of their membership.

OUTCOME: the TNAS upheld the decisions of the sports justice bodies.

Only one of the 4 decisions was subsequently challenged before the Regional Administrative Court, but the court rejected the appeal because the matter did not fall within administrative jurisdiction.

CRIMINAL LAW – CRIMINAL CYBER LAW

diritto informatico

We provide assistance to those who, having suffered harm as a result of a crime, join the proceedings concerning that crime as civil claimants seeking damages. In addition, we defend suspects and accused parties in cases concerning cybercrime offenses.

In this context we rely on the technical advice of experts from the detective branch of law enforcement agencies.

We also provide assistance with defamation and stalking.

 

Examples of past cases

CASE 1 – threats via email, unauthorized access on an electronic system, and violation of the confidentiality of correspondence: the manager of a multinational company was accused of having hacked into the email accounts of his daughter’s schoolmates and of threatening them. Based on the results of investigations, our client was committed for trial before the Court of Rome.

OUTCOME: We managed to demonstrate, not least thanks to the help of a qualified technical expert, the absence of certain “digital evidence” against our client, who was thus acquitted of all charges.


CASE 2: publication on the internet of nude images of former girlfriend: a girl complained that her ex-boyfriend posted recognizable photographs and videos of their sexual intercourse on the Internet.

OUTCOME: We filed a criminal complaint for the unlawful use of personal data and stalking, together with a request for the seizure of the photographs and videos. Our client was granted an interim seizure order and saw her ex-boyfriend receive both criminal and civil sanctions.

piazza Mazzini 27
background attività
Pennisi Studio Legale

WHERE TO FIND US

Pennisi Studio Legale is located in Rome at Piazza Giuseppe Mazzini n. 27, at a short distance from both the Court of Rome and the Supreme Court of Cassation.

We are a member of Jus Law a network of law firms with offices in Milan and Bologna, where we can assist our clients directly.


  • Piazza Giuseppe Mazzini 27 - 00195 Roma
  • studio@pennisi.it
  • +39 06.32.65.12.15
  • www.pennisi.it


[recaptcha]

Use of personal data

Use of personal data

PRIVACY NOTICE

 

Data Controller, responsible for the protection of personal data

The Data Controller (hereinafter, “Controller”) is Mr Fabio Pennisi, Lawyer, whose office is at Piazza Giuseppe Mazzini 27, Rome, Italy, who undertakes to protect the personal data provided or otherwise processed upon visiting the website www.pennisi.it or www.pennisi.legal, as well as the Facebook page “Pennisi Studio legale” and the Instagram page “pennisilegal”.

What personal data we process

The Controller can collect and process the following data:

1. the personal data you provide in order to request information or a service (such as your full name and email address);
2. navigation data (such as your IP address, location or country, information on the website pages you visit, the time you spend on the website and on each page; it may be possible to identify you using that information or other information we collect, despite the fact that the data are collected for a different purpose);
3. cookies, i.e., information files sent by a website and stored on its users’ computers to allow the website to recognise its users on subsequent visits and make loading pages faster.

 

Why and how we process personal data

We collect and use your personal data for the following purposes:

  • to respond to a request you make or provide a service requested;
  • with your consent, to send you newsletters or regular communications concerning the Controller’s professional services;
  • to produce statistics on website usage.

The personal data collected may be processed in hard copy, electronically or by automated means – in particular, by ordinary post, email, telephone, fax, or instant messaging.

 

Your rights

You have the right to request from the Controller, at any time:

  • access to the data we hold about you, as well as further information on how we have processed them;
  • the rectification or update of your personal data, including the erasure thereof;
  • the restriction of the way we process your data;
  • a copy of your personal data in a structured, commonly used and machine legible format.

In addition, you have the right to:

  • object to our processing your data (e.g., Soft Spam);
  • withdraw your consent to our sharing of your data with third parties or, if the Controller uses the justification of legitimate interest, object to the legitimate interest.

In any case you may lodge a complaint with the competent supervisory authority  (Garante per la Protezione dei Dati Personali, the Italian Data Protection Authority).

Who we share your data with

We may disclose your personal information to:

  • persons authorized by the Controller to process the personal data we collect, which persons shall be bound by a confidentiality agreement not to disclose this information (e.g., employees, system administrators);
  • persons who normally act as data processors, including but not limited to the Controller’s consultants and/or service providers, so that you may use any service you request;
  • any person, body or authority to whom we are required to disclose your data by reason of the services we provide or in order to comply with applicable laws or binding guidelines from public authorities.

Except for the cases expressly specified above, your personal data will not be disclosed to third parties.

How long we keep your data for

We will keep your information only for as long as necessary to provide the service you have requested or perform the contract we have entered into with you.

Transfer of personal data

All personal data is processed and stored on servers within the EU owned by the Data Controller and/or by third party companies duly appointed as Data Processors.

Exercising your rights

You may submit your request by one of the following methods:

  • Email: studio@pennisi.it
  • PEC (certified email): fabiopennisi@ordineavvocatiroma.org
  • Registered mail: Pennisi Studio Legale, Piazza Giuseppe Mazzini n. 27, 00195 Roma

Changes to this privacy notice

This Privacy Notice is effective from 20 June 2018.

The Data Controller reserves the right to update or change it at any time and from time to time. Any such updates or changes will be published on this website.

Legal Notices

Legal Notices

Terms of website use

By using or accessing this website (http://www.pennisi.it), you agree to be legally bound by the terms and conditions of use set out below. These terms and conditions may be updated and/or amended at any time without any prior notice to you.

All contents on the Site (text, pictures, marks, logos, domain names, application software, graphics, etc.) are protected by current intellectual and industrial property laws and you may access them solely for your personal, non-commercial use. You may not use the contents on the Site in any other way, or modify and/or reproduce them, in whole or in part, without the prior written consent of their respective owners.

Any violation will be prosecuted according to law.

Any third-party pictures, trademarks, logos and names on the Site, published solely for illustrative purposes, are the proprietary property of their respective owners, with all rights reserved.

 

No information contained in the Site constitutes or shall be deemed to constitute legal advice, a commitment on the part of Mr Fabio Pennisi, or a contractual offer.

These terms and conditions are governed by Italian law.

Any dispute arising from these terms and conditions shall be submitted to the exclusive jurisdiction of the Court of Rome, Italy.

Professional liability insurance and identification details

This website is owned by Mr Fabio Pennisi, Lawyer, whose office is at Piazza Giuseppe Mazzini 27, Rome, Italy, VAT Reg. No. 06933431006.

Besides being a member of the Rome Bar, Mr Pennisi is qualified to plead before Italy’s higher courts and Supreme Court.

Mr Pennisi has the following professional liability insurance from Unipol Assicurazioni: policy no.  1/10206/122/156425052.

Italian lawyers are required to comply with the Codice deontologico forense (Lawyers Code of Conduct), which is available at

http://www.consiglionazionaleforense.it/deontologia.

Studio Pennisi

Copyright © 2018 - Studio Legale Pennisi. Web Project by YatW. Fotografie di Lorenzo Moscia e di Carlo Spano

×