Litigation
B. Cremades y Asociados enjoys a solid reputation in the field of litigation, with a team of experts in this field who offer tailor-made solutions and specialised assistance.
Litigation
The firm represents national and international clients at all levels in civil, mercantile, contentious-administrative and European Union proceedings, and also provides advice and consultancy services on legal proceedings abroad. The lawyers of the firm have participated in lawsuits related to a wide range of sectors, including banking, energy, oil, gas, natural resources and other consumables, construction, engineering, pharmaceuticals, transportation, telecommunications and intellectual property.
Civil and commercial disputes
Contentious proceedings on the validity, interpretation, execution, resolution and termination of all types of civil and commercial contracts. Among others, in particular, proceedings related to commercial distribution contracts, transportation, supply, insurance, trusts, concessions, commissions, leasing, factoring, agency and franchises. Likewise, proceedings relating to boilerplate contracts and other consumer-related matters.
Contentious proceedings related to contractual and non-contractual liability actions, product and professional liability, as well as debt recovery and private competition law claims.
Contentious proceedings on movable and immovable property law (ownership, transfer, possession and administration of movable and immovable property), as well as regarding urban and rural leases, disputes between co-proprietors and disputes over horizontal property. Also, proceedings related to construction, including works and services contracts, as well as proceedings related to real estate construction defects resulting from both the application of Art. 1591 of the Civil Code or the Building Regulation Law.
Contentious proceedings relating to intellectual property, including copyright, transfers and exploitation rights licenses and other associated rights.
Contentious proceedings related to violations of the right to honor, privacy and self-image.
Corporate disputes
Challenges of corporate agreements and decisions of company governing bodies, enforcement of shareholders’ agreements, separation and exclusion of shareholders and partners, dissolution and liquidation of companies and liability of directors and managers.
Public law disputes
Appeals of all kinds against administrative decisions before the administrations themselves and in contentious-administrative proceedings at all levels, including courts of the European Union. The participation of the firm includes the areas of administrative sanctions, urban planning, violation of fundamental rights, forced expropriation, administrative contracts, liability of the State, data protection and litigation related to regulated sectors.
Tax law disputes
Advice and representation in tax audits and tax information requests, appeals and economic-administrative and contentious claims. The practice of the firm includes both the administrative appeals (administrative bodies and courts) and contentious-administrative litigation (contentious-administrative courts, National Court and Supreme Court).
Family and inheritance disputes
Contentious proceedings concerning the financial regime of family law, including the liquidation of the matrimonial property, as well as litigation related to nobility rights. Contentious proceedings related to inheritance law, including the calculation and distribution of the successors’ estate, the challenge of testamentary dispositions and the distribution of inherited estates.
Enforcement proceedings
Contentious proceedings for the execution of Spanish executive titles, as well as proceedings for the recognition and enforcement of court decisions and foreign arbitral awards. The firm has a high degree of specialization in mortgage foreclosure litigation, where it regularly has more than 300 active proceedings representing mainly financial entities.
Restructuring and insolvency proceedings
Advisory services and representation of creditors in all phases of insolvency proceedings, advice on the liability of directors and investment in bankruptcy assets and liabilities. Members of the firm also regularly participate as trustees in bankruptcy.
Litigation abroad
The firm supervises and participates in multi-jurisdiction legal proceedings, directing proceedings in ordinary courts throughout Latin America and the Anglo-Saxon world. The firm is especially active in legal proceedings before courts in the United States, since several members of the firm are admitted to the bar in U.S. jurisdictions. Among other matters, the firm has participated in the United States in class actions, recognition of debts, recovery of works of art plundered by the Nazi Regime, and the recognition and execution of judgments or foreign arbitration awards.