Lupária Donati

Lupária Donati

The Firm

Lupária Law Firm was founded by Professor Luca Lupária Donati and is headquartered in Milan, with offices also in Rome, Genoa and Paris.
It is highly specialised in general criminal law and has extensive expertise in the field of corporate criminal law. For over twenty years, the firm has provided legal defence and advisory services to senior executives, professionals, multinational corporations, and public authorities.
The firm is a leading boutique law practice in its field, composed of university professors and internationally focused lawyers, able to handle complex proceedings or cases that require superior strategic capability. The firm’s sphere of activity extends across Europe and the United States and has dealings also with Latin America.
Its litigation practice, conducted also before the higher courts and in proceedings with transnational aspects, covers a broad range of matters, from corporate and tax crimes to bankruptcy and money laundering offences; from crimes against the public administration or property to the wide spectrum of negligent offences, up to the field of corporate criminal liability. In the field of criminal law relating to information technology and new technologies, the firm has represented clients in several leading European cases.
Riproduzione Artistica del Palazzo di Viale Bianca Maria 13
Palazzo Bianca Maria, main office of the Firm
The firm is also well established in the sphere of corporate criminal liability, with particular expertise in the design and implementation of compliance models pursuant to Legislative Decree 231/2001, as well as in the conduct of internal investigations and risk assessment activities, including with regard to asset protection measures. Members of the team occupy the role of Chair or member of Supervisory Bodies in leading companies, including listed companies or those under public control.
Riproduzione Artistica del Palazzo di Via della Guastalla
Palazzo di Via della Guastalla 15, Center of Comparative Justice
The firm’s profile is further enhanced by a strong record of academic research and teaching, contributing to a consistently up-to-date and cutting-edge approach to the interpretation and application of substantive and procedural law.
 
The objective is to provide a highly qualified, efficient, and attentive service through an agile and modern organisation capable of ensuring the most appropriate response to diverse needs while, at the same time, fostering the highest level of professional excellence of the firm’s team.
 
The international relationships developed over time constitute the added value of a firm that strives for excellence.

Activities

This area of expertise includes pre-insolvency, bankruptcy, and corporate offences, such as, by way of example: fraudulent corporate bankruptcy offences; false corporate disclosures; false statements in reports or disclosures issued by auditing firms; obstruction of supervisory activities; undue return of capital contributions; unlawful distribution of profits and reserves; unlawful transactions involving company shares or quotas, or those of the parent company; transactions carried out to the detriment of creditors; fictitious formation of share capital; undue distribution of corporate assets by liquidators; improper influence over the shareholders’ meeting; market rigging; obstruction of the functions of public supervisory authorities; failure to disclose a conflict of interest; insider trading and market manipulation.

The experience gained in both judicial and extrajudicial matters also extends to offences relating to the declaration and payment of taxes, including fraudulent tax returns through the use of invoices or other documents for non-existent transactions; inaccurate tax returns; failure to file tax returns; issuance of invoices or other documents for non-existent transactions; concealment or destruction of accounting records; fraudulent evasion of tax payments; failure to remit certified withholding taxes; failure to remit VAT; and undue offset (of tax credits against tax liabilities).

The firm has also gained considerable experience in relation to offences such as handling stolen goods; money laundering and self-laundering; usury; counterfeiting and alteration of distinctive signs of intellectual works or industrial products; importation into the State and trade of products bearing false markings; unlawful interference with the freedom of industry or trade; fraud against national industries and in the conduct of commerce; and crimes relating to copyright infringement and customs matters.

The firm handles cases involving unauthorised access to a computer or telecommunications system; unlawful possession and dissemination of access credentials to computer or telecommunications systems; distribution of software intended to damage or disrupt a computer system; unlawful interception or interruption of electronic communications; installation of devices designed to intercept communications; and damage to information, data, and computer programs, including those of public interest; privacy and data protection offences.

The firm provides assistance in relation to all aspects of professional liability, particularly in the medical field, with specific reference to offences such as negligent homicide and personal injury; occupational health and safety violations and unlawful labour exploitation (so-called “caporalato”); defamation through the press; unauthorised practice of a profession and unlawful financial activity.

The firm’s professionals handle offences and infringements relating to the protection of water and air quality, as well as waste management; national and international corruption offences, including corruption between private parties; embezzlement; and fraud perpetrated against the State or other public bodies, including for the purpose of obtaining public funds or subsidies.

The firm assists companies under investigation or facing charges pursuant to Legislative Decree 231/2001, providing legal assistance in criminal proceedings for offences allegedly committed in their interest or to their advantage.
Alongside its defence practice, the firm also provides advice on the design, implementation, and continuous updating of organisational, management, and control models, as well as crime prevention systems, in compliance with the requirements set out in Legislative Decree 231/2001. In light of recent rulings by the Supreme Court of Cassation, the adoption of an effective organisation model is a key consideration also for foreign companies that carry out, directly or indirectly, operational activities in Italy. In this context, the firm assists multinational groups in defining organisational structures designed to prevent any exposure to corporate liability, ensuring the adequacy, relevance and effectiveness of compliance safeguards in relation to activities carried out within the Italian territory.
The firm provides assistance in criminal proceedings concerning offences against individuals, handling cases involving intricate legal issues and profound human implications. The defence strategy is devised through an in-depth analysis of the facts, the evidence, and the relevant legal framework, with particular attention paid to the trial phase and to the procedural implications of defence strategies.
The firm’s activities are distinguished by a rigorous and measured approach, aimed at the effective protection of the rights of the person involved in the proceedings, respecting procedural safeguards and the balance between defence needs and the sensitive nature of the matters addressed. The firm assists clients before all competent courts, in proceedings of varying nature and complexity, including in sensitive contexts or matters attracting significant public attention.
The firm assists natural and legal persons in criminal proceedings concerning property offences, handling cases that require a careful analysis of the underlying economic dynamics and the evidentiary aspects connected with the alleged conduct. The defence strategy focuses on an analysis of the legal structure of the offence, the reconstruction of the facts, and the use of documentary and technical evidence.
The approach adopted prioritises a rigorous and targeted procedural strategy, aimed at effectively safeguarding the client’s position at the various stages of the proceedings. The firm appears before all competent judicial authorities in proceedings of varying complexity, including where the disputes arise within complex economic contexts or have significant financial implications.
Studio di Viale Bianca Maria 13