After obtaining a high school diploma from Liceo Classico “Luigi Galvani” in Bologna in 1977, with a score of 60/60, he graduated cum laude in Law from the University of Bologna in 1983 with a commercial law thesis on “Groups of companies“, supervised by the late Prof. Gerardo Santini.
He has worked continuously for the Firm since 1984, becoming an associate in 1993 and a partner in 2007.
In 1985 he won a bursary award for a PhD in Commercial law at the Bocconi University of Milan and passed the relevant exam before the National Commission in Rome in 1989, obtaining a PhD in Commercial law with a thesis entitled “Gruppi di società e conflitti di interessi” (Groups of companies and conflicts of interest).
He registered as procuratore legale with the Bologna Bar Association in 1986, became a lawyer in 1992 and qualified to practice before the Court of Cassation in 2001.
He specializes in national and international commercial law, with particular focus on company, insolvency and industrial law. He represents the Firm’s clients both in court, at all stages and levels of proceedings, and before arbitration panels, including before institutional courts such as the Arbitration Chambers of Bologna and Milan.
In addition to providing legal advice and assistance on out-of-court matters associated with commercial contracts and corporate transactions (mergers and acquisitions, demergers, purchase and sale of companies and/or business units), also in English and French, and in relation to financing agreements and debt restructuring agreements pursuant to Article 182-bis of the Bankruptcy and Insolvency Law, from 1989 he began to specialize in computer law, devoting himself, in particular, to drafting software contracts. In this particular field, he provides advisory services to businesses that develop and manufacture software for the banking sector or that supply IT services to credit companies, asset management companies, finance companies and branches of foreign banks. He also prepares contracts and legal documentation for the creation and development of Internet portals (sponsorship of sites and banners, use of databases, E-commerce, etc..) and supports the Firm’s business clients in matters related to IT contracts and in any associated disputes, in and out of court, including before arbitration courts. He has been an advisor to the University of Bologna in respect of its IT contracts with IBM Semea S.p.A..
Over the past fifteen years, he has also specialized in contracts in the energy sector, concerning both traditional and renewable sources.
He has acted and continues to act as arbitrator, sole arbitrator and chairman of arbitration panels – on appointment of one of the parties, the President of the Court of Bologna or the Technical Committee of the Arbitration Chamber at the Bologna Chamber of Commerce – to settle disputes of a corporate nature – including those between consortia of cooperative companies and consortium cooperatives or between cooperative members and their companies and/or directors – and of a contractual nature (joint ventures, contracts, supply contracts, etc..), as well as in arbitration proceedings related to intellectual property (software protection) and industrial property rights (trademarks, patents, utility models, etc.).
He is a member of the board of directors of a number of companies specializing in the development of high-tech and innovative products in the mechanical engineering and automation sector.
He is fluent in English, both spoken and written, and has a good knowledge of French.
Publications
Marco Malesani is the author of various publications in the fields of company and insolvency law.
In addition to various editorial notes published in the journals Giurisprudenza Italiana and Giurisprudenza Commerciale, his other published works include:
- Art. 147 of the bankruptcy and insolvency law, in Commentario breve alla legge fallimentare, by A. Maffei Alberti, Cedam, Padua, 2009 and 2013 editions, pages 962-1027, on the insolvency of companies whose members have unlimited liability;
- Art. 2615 ter of the civil code, in Commentario breve al diritto delle società, by A. Maffei Alberti, Cedam, Padua, 2007, 2011, 2015 editions and, more recently, the 2017 edition, pages 1924-1956, on consortium companies;
- Note to judgment entitled “Fallimento del socio già fallito per distinta impresa individuale” published on Commercial Law, 1985, II, page 464 ff.