Litigation, Insolvency and Restructuring Division
Litigation, Insolvency and Restructuring Division
The services provided by the Litigation, Insolvency and Reorganization Division include assistance and interdisciplinary legal representation from the SPVS team, both before national courts at any level of jurisdiction and before arbitration courts, according to the areas of specialization.
In the matter of Litigation
Echipa SPVS oferă servicii de asistență și reprezentare într-un spectru extins de litigii comerciale și civile in domenii precum:
Disputes between professionals
Disputes between professionals arising from the manner of execution or termination of a multitude of commercial contracts, from deliveries of goods or services, works contracts, transport contracts, to complex contracts with multiple objects.
Having expertise and a solid theoretical training, we offer legal services in cases regarding the establishment and employment of tortious civil liability, the recovery of damages arising from compulsory insurance reports (RCA), optional insurance (CASCO), malpractice, work accidents or civil damages arising from criminal files.
Assistance and legal representation in litigations with the object of recovering both direct damages arising from a contractual relationship and damages caused by non-fulfillment of the assumed obligations in accordance and on time, or the loss of profit recorded.
Representation for the recognition and enforcement of foreign court decisions, including in the phase of enforcement appeals.
In the matter of Insolvency and Judicial Reorganization
Consultation prior to the initiation of the procedure for opening the insolvency procedure, both from the perspective of the creditor and that of the debtor, by referring to the assessment of the fulfilment of legal conditions and potential risks, estimating the course of the procedure or identifying the chances of recovery through reorganization.
Representation and assistance in the relationship with the syndic judge and the judicial liquidator in the insolvency proceedings in all its judicial stages, from the opening of the simplified procedure, in the observation phase, in the reorganization and recovery procedure or in the stage of bankruptcy and liquidation of the debtor company.
At the same time, we offer representation services in the formulation of appeals against the table of claims or the decisions of the creditors' committee, in actions aimed at the payment of current claims arising during the procedure, as well as in actions aimed at holding the management bodies accountable or cancelling fraudulent acts.
We can also provide you consultancy in the procedure for the capitalization of the debtor's assets during bankruptcy or risk assessment in the case of a debtor in the period of observation or judicial reorganization.
Liviu Samoilă
Liviu is the Partner and Head of the Litigation, Insolvency and Restructuring Division at SPVS including the departments of Insolvency & Dispute resolution and Employment law. Liviu is a skilled attorney with more than 10 years experience in consultancy and court representation on insolvency procedures and company restructuring.
Areas of expertise
Real estate and Projects, Employment, Dispute resolution, Insolvency Corporate and M & A, Commercial and Contracts
Litigation, Insolvency and Restructuring Division
Employment and collective relations
SPVS services in the field of employment law and collective relations include legal advice and representation in matters relating to employment contracts, internal procedures and the negotiation of collective labour agreements.
In the field of labour law we offer the following legal services:
Legal assistance and advice in matters concerning the conclusion, modification, execution and termination of individual employment contracts.
Legal assistance and advice in the drafting of job descriptions, internal regulations and internal procedures of companies in the field of labour law, as well as compliance services and adaptation of all internal procedures of employers with national legislation.
Legal assistance and advice for employers and employees
Legal assistance and advice for employers and employees in disciplinary dismissal procedures, dismissal for physical and/or mental unfitness, dismissal for non-performance, dismissal procedures for reasons not related to the employee's person, as well as the drafting of documents specific to each type of dismissal, including the dismissal decision.
Legal assistance and advice for employers and employees in collective dismissal procedures, as well as drafting the necessary documents.
Legal assistance and advice for employers and employees in business transfer procedures.
Legal advice and representation for employers and employees in labour litigation regarding claims (salary rights), property liability, challenges to dismissal decisions before courts of any degree.
We offer the following legal services in the field of collective labour relations:
Assistance, advice and legal representation for the establishment or amendment of the constitutive acts of trade unions and employers' organisations of all levels, including federations and confederations.
Assistance, advice and legal representation in order to obtain the representativeness of trade unions and employers' organizations of any degree, at unit level, as well as at sectoral and national level of trade union and employers' federations and confederations.
Assistance, advice and legal representation with a view to the election of employees' representatives at unit level, both on procedural matters and by drafting the necessary documents.
Assistance, advice and legal representation in the negotiation of the collective labour contract, the collective labour agreement and the registration of collective labour contracts.
Assistance, advice and legal representation in the amendment, extension and execution of collective agreements and representation in parity commissions.
Assistance, advice and legal representation in collective labour disputes in the event of strikes as well as the preliminary stages.
Assistance and legal representation in disputes arising from the execution of collective labour agreements, as well as the declaration of illegal strike.