Litigation

Romanian corporate/business crime legislation has drastically changed in recent years as a result of increased criminal investigation operations, a rise in the number of cases being investigated, and an increase in the complexity of the allegations being looked into. In many cases, a successful resolution of a criminal case necessitates the use of a multidisciplinary legal strategy that extends beyond the substantive and procedural criminal law to encompass rules in many other areas, such as taxation, competition, public procurement, management of EU funds, capital markets, financial services, etc. In order to provide complex legal assistance services to anyone with a legitimate interest in a criminal investigation or trial, regardless of their procedural standing, our team draws on the skills and expertise of its lawyers who are specialized in such different areas of business law.

Our team's deep understanding of criminal law issues and the ongoing collaboration between our corporate/business crime lawyers and the firm's teams with expertise in commercial law, corporate law, competition, finance, and tax law underpin the effectiveness of our services in corporate/business crime law. In order to better safeguard our client's interests in a criminal case or in a circumstance that could have ramifications for the application of criminal law, each case is thus treated from a variety of aspects. 

In addition to providing representation in criminal proceedings, we also offer legal counsel and guidance on a variety of criminal law issues. Our attorneys provide top-notch defense services that are customized to each case's requirements in order to safeguard the interests of our clients, who range from governmental authorities to companies and individuals.

In all phases of a criminal trial and at all levels of the criminal justice system, from criminal investigation bodies to courts of law, including the High Court of Cassation and Justice, Cioflan and Associates offers legal help and representation services in both routine and unique legal proceedings. For the best performance of our duties, we also help our clients decide the strategy in each case based on the client's position in the trial. Our approach to corruption cases, occupational crime and money laundering crimes, as well as intellectual property crime cases, tax evasion and accounting law related criminal cases, are all made possible by our significant knowledge with very complex legal and regulatory concerns.

Additionally, instances involving claims of financial fraud in the banking and insurance sectors, property crime, crimes involving EU funds, public procurement, capital markets, crimes linked to competition legislation, and corporate crimes are also areas in which we have experience. Regardless of the judicial body conducting the criminal investigation (the judiciary police, regular or specialized prosecutor's offices, such as the Department for the Investigation of Organized Crime and Terrorism and the National Anti-Corruption Department) and the court adjudicating a criminal case, we offer legal assistance and representation services at any stage of the trial. When it comes to the civil side of a case, we constantly strive for the best result for our clients, taking into account any potential financial exposure, civil law responsibility, or related remedies.

Our legal advice services include pursuing claims for compensating damages and reinstatement, temporary solutions, prolonged and special property seizures, as well as actions to have certain documents partially or completely annulled.

On every criminal law problem, our team offers thorough, quick, and competent legal assistance, especially by outlining the potential hazards of a given activity. In order to safeguard our customers' interests in all matters coming under the purview of criminal corporate/business law, including fraud, attempted fraud, or non-compliant behavior on the part of our clients' workers, we offer complicated, high-quality legal advice in a variety of fields. Additionally, we offer legal counsel on how the full scope of criminal law should be applied to antitrust and competition issues, including state aid and domestic or international transactions (mergers, acquisitions, joint ventures etc.).

Our attorneys have a wealth of experience with difficult issues in a variety of professional areas through the practice of litigation and arbitration. In addition to exceptional procedures in the Constitutional Court and in international or domestic courts of arbitration, we have represented clients at all levels of the local judicial system, from lower courts to the High Court of Justice.

Based on this knowledge, our litigators assist in developing a litigation strategy at the commencement of each issue, look for innovative solutions, and provide advice on the best course of action in order to support clients in accomplishing their business objectives. 

We have defended companies, financial institutions, governmental organizations, and individuals in a wide range of complex cases, including civil, commercial and corporate issues, joint ventures and related business disputes, intellectual property (including patent, trademark, copyright, trade secret, and unfair competition cases), banking and finance, tax issues, insurance, labor, maritime, real estate, securities, enforcement of domestic and foreign judgments, and arbitral proceedings.

Are of practice we covered

Corporate Litigations 

Assistance in the amicable resolution of problems; assessment of conformity with different corporate decisions and/or behaviour of corporate collegial bodies or representatives; providing support and acting as a client's advocate during all stages of the corporate dispute resolution process, such as shareholders' and securities litigation, the revocation of corporate resolutions, opposition to corporate resolutions by corporate creditors and interested parties, applications to have trade registry registrations canceled, the defense of minority shareholder rights, etc.

Civil and Commercial Litigation 

Helping and defending clients in virtually every industry and area of commercial interest in cases involving commercial agreements, insurance contracts, lender liability and banking-related issues, acquisition-related issues, energy, liability in the construction industry, shipping (sale-purchase agreements, mortgages, liens, etc.), product liability, privatization procedures, and privatization

Helping and representing clients in family law disputes, including as divorce, child custody battles, and communal property split.

Our attorneys have extensive experience in conflict resolution and have handled complex matters involving disputes over who has the right to possess real property, including the recovery of property illegally confiscated by the former communist regime. Over EUR 1 billion worth of assets have been recovered in total.

Our team conducted tax-related litigation at all levels, involving a wide range of taxes, duties, and financial contributions to the State budgets of every form.

Drafting and submitting judicial documents, assisting and representing clients in all procedural phases, including the preliminary challenge to the relevant administrative body; assessing compliance with administrative law requirements through various documents; assessing the default of relevant bodies in their conduct towards the client: refusal to issue permits, authorizations, approvals, etc.; delay in issuance; lack of response (the administrative recourse).