Civil and Commercial Litigation

At IUS+AEQUITAS, we provide comprehensive legal advice for the defense of all types of works protected by copyright. Our extensive experience, demonstrated in litigation for infringement of intellectual property rights, has made us a leading firm in this area of law. This is evidenced by our eight-year tenure as external legal advisors for a major copyright management entity, as well as our strong track record of favorable rulings in highly specialized areas such as litigation defending moral rights of authors, which have resulted in significant jurisprudential advancements benefiting the artistic community.

We also offer top-tier legal advice for the protection and judicial safeguarding of intangible assets in the field of Industrial Property, including industrial designs, trademarks, patents, utility models, as well as know-how and trade secrets.

We provide legal defense for numerous clients in all types of litigation involving infringement of intellectual and industrial property rights:

• Proceedings for infringement of intellectual property rights related to all types of artistic, musical, audiovisual, literary, multimedia, software, and other intangible assets protected by copyright or related rights.

• Mediation, arbitration, and safeguarding of rights in the digital environment before the First and Second Sections of the Intellectual Property Commission.

• Proceedings for infringement, nullity, and expiration of trademarks, patents, and industrial designs.

• Proceedings for violations of know-how and trade secrets.

We have a specialized team that offers legal advisory and litigation services in the areas of information society services and e-commerce, as well as personal data protection:

• E-commerce and information society services: payment services and electronic money, commercial communications via electronic means, general terms of use and contracting for websites.

• Personal data protection: legal audits, drafting of privacy policies, cookies, data transfer agreements and data processor agreements, international data transfers, and legal defense in proceedings before the Spanish Data Protection Agency.

At IUS+AEQUITAS, we walk hand in hand with our clients in their technological projects. We provide them with the necessary legal security to avoid conflicts whenever possible. When conflicts are unavoidable, our experts will position them in the best possible stance to defend their rights.

We specialize in taking legal actions to defend the individual, collective, or diffuse interests of consumers and users affected by unlawful practices in various areas, such as: banking and finance, competition law, abusive clauses, general terms of contracting, advertising, or air transport, among others.

Among our clients are top-tier consumer and user associations and organizations, as well as various platforms or groups of affected consumers who entrust us with litigation services to pursue collective, grouped, or multi-individual actions before judicial bodies or arbitration courts. These actions typically aim to halt the unlawful conduct and secure appropriate compensation for the damages suffered by the affected consumers.

We provide legal advice and legal defense in litigation related to violations of competition law, including:

· Cartels, collusive agreements, or pacts involving price-fixing or other commercial conditions.

· Abuse of dominant position, such as imposing prices or refusing to meet purchase demands or service provisions.

· Unfair practices that may disrupt the competitive structure or functioning of the market.

Additionally, in collaboration with our contentious-administrative litigation department, we offer our clients legal defense in proceedings initiated by various Competition Authorities. We always design a strategy that places them in the most favorable position possible at every judicial stage until the final resolution is reached.

We provide legal defense and legal representation in all types of litigation related to unfair market practices, including:

· Deceptive acts and omissions.
· Acts of confusion.
· Aggressive practices.
· Acts of denigration, imitation, and unlawful comparison.
· Exploitation of another’s reputation.
· Violation of trade secrets.
· Illegal advertising.
· Unfair commercial practices affecting consumers or users.

The partners at IUS+AEQUITAS have extensive experience and a strong track record in numerous judicial proceedings related to the banking and financial sector, advising both credit institutions and defending the interests of all types of investors, primarily international.

Renowned banking and financial institutions rely on our legal advisory services to develop a unified litigation strategy aimed at determining the best course of action for protecting their interests in complex corporate insolvency cases that hinder loan and credit recovery. We analyze a combination of judicial actions—civil, criminal, insolvency-related, or focused on refinancing and credit assignment—leveraging the strong synergies between our firm’s various departments, including Insolvency, Criminal, and ADR.

As court-appointed Insolvency Administrators, our Insolvency Department partners engage daily with financial institution representatives to negotiate the transfer or judicial and extrajudicial sale of business units and assets pledged as collateral for loans and other financial transactions.

Additionally, as legal arbitrators, our ADR Department partners have participated in and resolved arbitration proceedings concerning the validity or nullity of complex financial instruments, such as multi-currency mortgages, preference shares, and swaps.

Our team of professionals, supported by renowned litigation firms within the International Fraud Group (IFG), to which our firm belongs, applies its full expertise and technical knowledge to meet the specific needs of all types of capital companies, both national and international.

We provide legal defense in corporate dispute resolution before courts and tribunals across Spain, as well as before national and international arbitration courts, including cases involving:

• Challenges to corporate resolutions.
• Breach of shareholders' agreements.
• Directors' liability: corporate, individual, and joint liability for company debts.
• Dissolution and liquidation of companies.
• Breach of all types of corporate transaction agreements, including mergers, acquisitions, and joint ventures.

We provide legal defense services to our clients against unlawful interference or intrusions into their personal rights, aimed at protecting individuals' moral assets, such as:

• The right to honor.
• The right to personal and family privacy.
• The right to one's own image.

We have a team of professionals with extensive experience and recognition in leading legal procedures related to violations of the right to honor, privacy, and image rights, both in civil and criminal courts. Over the years, we have represented well-known celebrities and public figures with proven successful outcomes.

We defend the interests of our clients in matters related to Civil Law, both in courts and tribunals across Spain and in national and international arbitration courts.

We leverage our experience and design the legal strategy best suited to the demands of each case to place the client in the most favorable position, defending their interests in all types of civil actions, whether personal or real, concerning both movable and immovable property:

• Actions for annulment, voidability, rescission, and termination of contracts.
• Actions for civil liability, both contractual and extracontractual.
• Actions for subrogation, reimbursement, repetition, and fraudulent conveyance (Pauliana or revocatory actions).
• Claims for recovery, declaratory actions of ownership, and possessory actions to retain or recover possession.
• Actions for remedying hidden defects (warranty actions).