Business Law Department



The Business Law Department of INSESA & ABOGADOS provides advisory services in all lines of Business Law, from the perspective of both consultancy (corporate, business contracting, corporate governance) and of operations (mergers, acquisitions and the incorporation of companies, securities market, corporate restructuring...). In particular, the practice areas of our Business Law Department are:

  • Mergers, Acquisitions and the Incorporation of Companies.
  • Banking and Finance
  • Securities Market
  • Competition
  • Corporate
  • Corporate Governance
  • Business Contracting
  • Corporate Restructuring


Corporate Restructuring and Insolvency Law Department



This department is managed personally by Inocencio Carazo González and Gonzalo Domínguez Ruiz, both of whom are Partners, and, albeit forming part of the Business Law Department, the professional activity of INSESA & ABOGADOS in Corporate Restructuring and Insolvency Law is particularly significant inasmuch as it is structured as a multidisciplinary department for business restructuring operations, in situations of both proven and acknowledged solvency, when undertaking strategic delocalisation, concentration and post-acquisition or post-merger integrations, and in situations of insolvency, addressed at designing a strategy and its implementation for our clients.



We coordinate the various practices involved in this type of procedures: strategic consultancy, legal practices (labour, fiscal, insolvency, etc.), communication, risk and contingency plans, outplacement plans and financial solutions.



This Department also handles the development, preparation and defence of economic-financial reports in contentious proceedings, including arbitration, ordinary jurisdiction and mediation. And we specifically analyse and issue reports for:

  • Company and business appraisal
  • Quantification of loss of profits and consequential damages
  • Certification of special situations of companies
  • Certification of specific facts arising from accounting
  • Reconciliation and quantification of balances in claims
  • Opinion on the internal control of operations and judicial administration with the mediation of economists and lawyers.


The professionals who staff this department have broad experience and references in this type of operations for Spanish and multinational companies.



The Department offers advisory services on all aspects relative to Insolvency Law, for both natural and legal persons, as well as matters for which the governing bodies of a company may be liable.



Accordingly, and by way of example, it performs the following activities:

  • Insolvency Administrations
  • Representation and defence of creditors in insolvency proceedings
  • Representation and defence of debtors in insolvency proceedings
  • Pre-insolvency audits
  • General advisory services in insolvency matters

Fiscal Law Department



The Fiscal Law Department has accrued vast experience in the handling of tax problems of our clients. This affords us in-depth knowledge of the fiscal aspects of corporate reality or, as the case may be, that of our client's personnel, and places our professionals in an unbeatable position to put forward proposals for improvement, undertake studies of determined specific facts, and to weigh up the advisability or suitability of the different policies possible vis-à-vis fiscal planning. In addition, experience gained in our dealings with the Tax Administration allows us to guarantee our mediation in any type of review or procedure that may be ordered thereby.


The following actions and services are inherent to our activity:

  • Continued advisory services to companies when addressing their tax obligations. Analysis of the taxation of specific financial transactions, suggesting alternatives that will ease the tax burden.
    Planning of corporate structures from a fiscal perspective, taking account of both domestic and international issues.
  • Taxation of corporate restructuring operations and, in particular, mergers and acquisitions.
  • Taxation of personal and family estates, with particular emphasis on property and succession tax aspects.
  • Taxation of public and para-public entities, as well as non-profit-making entities, such as foundations, educational and sports associations and entities.
  • Attention to our clients’ relations with the Tax Administration, with special emphasis on their representation at the Tax Inspectorate.
  • Substantiation of appeals and claims to the Tax Administration and Contentious-Administrative Courts.

Public Law Department



The Public Law Department provides legal advisory services to companies on all matters in relation to Public Administrations:

  • Issue of reports and opinions
  • Advisory services on town planning project procedures
  • Town planning, management and discipline
  • Negotiations with the Administration
  • Town Planning Agreements
  • Law on property, forced expropriation, the environment, water, mines
  • Administrative Contracting: Advisory services to bidders and successful bidders
  • Administrative appeals in all classes of contentious-administrative proceedings and appeals at all contentious-administrative jurisdictional bodies

Labour Law Department



The Labour Law Department offers legal advisory services on sub-specialities of Labour and Social Security Law, bearing in mind the commercial needs of our clients at all times.


To offer our clients the best possible service, our lawyers act as advisers, as negotiators and as litigants.


Specifically, our services encompass the following areas:

  • Collective bargaining and mediation in collective disputes.
  • Labour aspects in relation to corporate transactions (Redundancy Plans [EREs], mergers, reorganisation, sale or acquisition).
  • Employment contracting and individual dismissals
  • Key management contracts
  • Labour risk prevention
  • Labour audits
  • Proceedings in labour and contentious-administrative jurisdiction
  • Social Security

Procedural and Civil Law Department



The Procedural and Civil Law Department provides advisory services in all classes of civil and business proceedings, at all instances and institutions:

  • Alternative dispute resolution: Arbitration and Mediation.
  • Contracting, consultancy and complete defence in matters concerning property, guarantee rights, personality and fundamental rights, successions, family matters and civil contracting rights

Specifically:

  • Liability actions:
     
    - Contractual and extra-contractual.
    - Business liability.
    - Professional liability.
  • Disputes arising from building works contracts and building Law
  • Corporate disputes:
     
    - Challenge of corporate resolutions.
    - D&O liability actions.
    - Unfair competition actions.
  • Disputes on civil and business contracts:
     
    -Agency, distribution, assignment and franchise agreements
    - Urban and rural leases
    - Horizontal property
    - Claims for amount
    - Proceedings on the validity, execution and construction of contracts
    - Proceedings on contract termination and rescission
  • Proceedings on fundamental and personality rights:
     
    - Fundamental rights, in ordinary jurisdiction or at the Constitutional Court
    - Breach of rights to honour, privacy and one’s image
  • Proceedings on successions and family law:
     
    - Wills
    -Family, separation and divorce cases
    - Disqualification
  • Enforcement proceedings:
     
    - Execution of in rem and personal guarantees
    - Provisional and definitive enforcement of judicial resolutions
    - Bills of exchange, cheques and promissory notes
    - Arbitration awards
    - Monitory proceedings and interim measures
    - Enforcement of international judgments and awards

Real Estate Law Department



The Real Estate Law Department is structured and linked to other departments in the Firm in such a way that it can advise and take part in the different spheres of the operations and transactions that arise in this sector, with regard to both their main aspect of negotiation and contracting, and in their more relevant collateral aspects (financial, fiscal, business and administrative). The department's specific practices focus on:

  • Real estate transactions (sale and purchase, exchange, surface rights, mortgage and other in rem rights)
  • Construction
  • Leases
  • Town planning (management and execution in the performance of real estate projects)


Sectorisation of those practices enables us to individually address all aspects of the diverse types of real estate projects, for both residential and industrial use.

Intellectual Property Department



This Department provides legal advisory services in relation to all intangible rights associated with the intellectual and creative activity of humans and their persona, from both the contractual (transfer, exploitation of rights, etc.) and defence (protection of rights, defence against breach by third parties, etc.) angles.



This Department provides advisory services to both natural persons and to companies that exploit intangible rights in any way.



In particular, our practice areas are:

  • Copyright
  • Intellectual Property rights (trademarks, patents and designs)
  • Image rights
  • Advertising rights
  • Sponsorship and Patronage
  • Unfair competition


Legal services relative to Patents and Trademarks are provided in direct collaboration with the Pedro Beltrán Gamir Law Firm, in Alicante, where the headquarters of the European Trademarks Office (OHIM) are located.


This collaboration allows issues relative to European patents and the registration of trademarks in countries other than Spain to be sent directly to the Milan Office of the Modiano Intellectual Property Agency, Europe's number one IP agency, which has more than 200 employees and 48 in-house lawyers dedicated exclusively to intellectual property rights matters. This agency also has a technical department for patents, offering worldwide service, which enables the registration of trademarks and patents in the United States, Japan and any other country in the world.

Departamento de Derecho Penal



Se circunscribe exclusivamente al ámbito del Derecho Penal-Económico a fin de proporcionar los más amplios servicios legales a empresas y particulares que abarcan desde el asesoramiento preventivo, hasta la dirección legal, defensa y asistencia jurídica en procedimientos penales relacionados con áreas de interés empresarial:

  • Delitos societarios
  • Defraudaciones, Estafas y Alzamiento de bienes
  • Delitos Tributarios
  • Delitos contra la propiedad industrial e intelectual
  • Delitos medioambientales
  • Imprudencias profesionales