TheArtLawReviewEdition1-1
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About the Authors
C DOMINIK NIEDERSÜß
Polak & Partner Attorneys-At-Law
Carl Dominik Niedersüß is an attorney-at-law at Polak & Partner Attorneys-at-Law. He studied law at the University of Vienna School of Law (mag iur 2010), at the Université Paris V, where he completed a term abroad, and at the Max-Planck-Institute for Innovation and Competition (LLM in intellectual property law). In 2016, he was admitted in Austria.
Prior to joining Polak & Partner, Carl Dominik worked as an associate with Lattenmayer, Luks und Enzinger Rechtsanwälte (2010–2016) and gained further considerable experience in several internships with Viennese law firms (SCWP, Schramm-Öhler) and with the European Parliament in Brussels.
His main areas of practice comprise intellectual property law (trademark, copyright and unfair competition law, as well as the management of global IP portfolios), antitrust law and civil law.
LUKE NIKAS
Quinn Emanuel Urquhart & Sullivan, LLP
Luke Nikas is a partner in the New York office of Quinn Emanuel Urquhart & Sullivan, and co-chair of the firm’s art litigation and disputes practice. He is a leading litigator with extensive experience representing clients in complex disputes. His clients entrust him with their most significant legal challenges, in both trials and appeals. He has been named in Lawdragon’s ‘500 Leading Lawyers in America’ and ‘500 Leading Plaintiff Financial Lawyers’ in business litigation, Benchmark Litigation’s ‘Under 40 Hot List’, the New York Law Journal’s ‘Rising Stars’, Best Lawyers in America and ‘New York Super Lawyers’ by Super Lawyers.
Luke represents individuals and companies in almost every type of litigation across the globe, including in an array of industries, such as banking, law firm business, insurance, pharmaceutical, healthcare, professional sports, media and entertainment, and real estate.
JOHAN CAMILO ALSTAD-ØHREN
Johan Øhren is an independent legal counsel and compliance officer. He earned an LLM from the University of Oslo’s Faculty of Law. His thesis on appropriation art and copyright infringements compares Norwegian and US copyright law. Johan also holds a BA in art history from the same alma mater. He has gained experience working in art galleries, museums and art publishing, and in curating exhibitions and through collecting art. Today he provides pro bono legal support to artists and foundations, and writes a monthly column on art and finance in the consumer magazine Dine Penger. He can be contacted by telephone (+47 99 239 484) or by email (johanohren@gmail.com).
DIMITRIS E PARASKEVAS
Paraskevas Law Firm
Dimitris Paraskevas is the managing partner of Paraskevas Law Firm, which was established by his father in 1933. He has represented museums, artists, collectors and galleries on a wide range of matters, as well as ultra-high-net-worth individuals, banks and leading international companies in transactions and litigation in cases worth in excess of US$400 billion over
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the past 35 years. He has been named as a ‘super salesman’ by the Financial Times and a ‘legal genius’ by the The Legal 500. He is known for his commercial approach, efficiency and utmost integrity.
EMELYNE PETICCA
Constantine Cannon LLP
Emelyne Peticca is a trainee solicitor in the London office of Constantine Cannon. Emelyne Peticca assists the art and cultural property law, the commercial litigation and the antitrust litigation groups. Within the art and cultural property law group, she helps represent a broad range of clients, including international collectors, galleries, auction houses and artists, on both domestic and cross-border, contentious, non-contentious and regulatory matters. Prior to joining Constantine Cannon, Emelyne Peticca interned in the restitution department of Christie’s London and separately gained experience in London City and Paris law firms. Emelyne holds an LLB in English law and French law from King’s College London, a master’s degree in law from the Sorbonne Law School, an MSc in art, law and business from Christie’s Education, London and the University of Glasgow and an LPC from the University of Law. Emelyne speaks French and has a proficiency in Italian and Spanish.
MARC-ANDRÉ RENOLD
Etude Renold Gabus-Thorens & Associé(e)s and Wenger Plattner
Marc-André Renold, who studied in Geneva and Basel in Switzerland and at Yale in the United States, is a full professor at the University of Geneva Law School. He teaches art and cultural heritage law, and holds the position of UNESCO Chair in International Law for the Protection of Cultural Property.
Mr Renold is also a practising attorney, and a member of the Geneva Bar, practising, in particular, in the fields of art and cultural heritage law, public and private international law, civil and commercial law and intellectual property law. He is of counsel for the Swiss law firm Wenger Plattner.
He is also the director of the University of Geneva’s Art-Law Centre, which is dedicated to research and teaching on legal issues relating to works of art and cultural property. He established the ArThemis database on the resolution of disputes relating to cultural heritage (www.unige.ch/art-adr).
He has also been associate professor and lecturer at the University of Geneva, visiting lecturer at the Graduate Institute of International Studies of Geneva and the Duke-Geneva Institute in Transnational Law, and visiting professor at the University of Paris II.
He has authored or co-authored numerous publications in the field of art and cultural property law at Swiss and international levels, including Kultur Kunst Recht, and is co-editor of the Studies in Art Law series published by the Art-Law Centre.
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CHARLOTTE SARTORI
Lambrecht Law Office
Charlotte Sartori is an associate at Lambrecht Law Office. She has a bachelor of laws degree from Saint-Louis University (trilingual programme) and a master of laws degree from Université Catholique de Louvain (UCL).
During her master’s degree, she spent one semester at the University of Bologna and wrote her master’s thesis on the issue of restitution of cultural goods. She also attended lectures on cultural heritage law at the University of Geneva.
Charlotte began her Bar internship in the litigation department of the Benelux law firm NautaDutilh between 2014 and 2016. From 2015 to 2019, she was a teaching and research assistant in the international and European law department of the UCL, mainly focusing on private international law. She accordingly participated in various publications on court jurisdiction in international conflicts.
She has been practising art and cultural property law at Lambrecht Law Office since 2017, where she has contributed or co-authored various articles and publications in this area.
MAAREN A SHAH
Quinn Emanuel Urquhart & Sullivan, LLP
Maaren A Shah is a partner in the New York office of Quinn Emanuel Urquhart & Sullivan, and co-chair of the firm’s art litigation and disputes practice. She has extensive experience handling complex commercial disputes, including litigation, arbitration and appeals, with a focus on the financial services and art sectors. Ms Shah has represented companies, investment funds and corporate officers and directors in high-stakes, high-dollar disputes, and frequently works with activist hedge funds in advising on and pursuing her clients’ litigation-driven investment strategies. She has a thriving trial practice, often participating in one or more trials or arbitration hearings each year. She also leads the firm’s premier art litigation practice representing clients in art-related disputes involving issues such as copyright/fair use, provenance and authenticity, art forgery, art contracts and transactions and art financing, and has handled matters relating to landmark contemporary artists including Andy Warhol, Robert Indiana and Peter Max.
MAKOTO SHIMADA
SAH & Co
Makoto Shimada, a partner at SAH & Co, is a lawyer admitted to the Bar in Japan in 1981. He majored in law at Keio University and obtained judicial qualification before studying at University College London, where he was awarded a master’s of law degree in 1986. Since 2004, he has been a professor of law at Keio University Law School where he teaches art business law, English commercial law, commercial arbitration and negotiation. He is also an honorary visiting professor at City Law School, University of London. Prior to the above appointment he practised international commercial law and dispute resolution at several law firms, including Nagashima Ohno & Tsunematsu in Tokyo (1981–1985) and Norton Rose Fulbright in London (1986–1989). He is a member of the Dai-ichi Tokyo Bar Association, the International Association of Lawyers, the Institute of Art and Law (diploma in art profession law and ethics) and the Chartered Institute of Arbitration. He is particularly interested in arbitration in art and cultural heritage.
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HOWARD N SPIEGLER
Herrick, Feinstein LLP
Howard N Spiegler is a partner and co-chair of Herrick, Feinstein’s art law group. He handles all types of art transactions, often with the assistance of other attorneys at Herrick, including counselling its clients on international trade issues, loans, museum and private exhibitions, organising and structuring business entities, trust and estate matters, insurance issues, tax questions and criminal law concerns. Howard has also been involved in several significant cases recovering stolen artwork or other cultural property, including rare books stolen from the Swedish National Library; the full value of a Schiele painting confiscated by a Nazi agent from Lea Bondi Jaray in Austria in the late 1930s; 200 artworks looted by the Nazis from the Jacques Goudstikker Gallery in the Netherlands; numerous antiquities for the Republic of Turkey; and valuable Malevich paintings recovered for the Malevich family from Amsterdam in the Netherlands. Among other commendations, he has received the Award for Lifetime Achievement in the Defence of Art by the Association for Research into Crimes Against Art and the Prix Monique Raynaud-Contamine by the International Association of Lawyers. He is on the editorial board of the Journal of Art Crime and has served as president and vice president of the Art Law Commission of the International Association of Lawyers and chair of the Art Law Committee of the New York City Bar Association.
MASSIMO STERPI
Gianni & Origoni
Massimo Sterpi is a partner and head of the IP and art law departments in the Rome office of Gianni & Origoni. A passionate art collector, he has gained internationally recognised experience in art law. In this field, he addresses various topics including problems of authenticity, recovery of stolen or looted artworks, commissions of artworks, management of artists’ estates, licences and merchandising, unauthorised reproduction, sales and exports of works of art and declaration of works of art as national treasures. In recent years, he has focused on the impact of disrupting technologies on the creation, distribution and trade of art. He has authored and edited numerous publications on intellectual property, art law and art tech, including The Art Collecting Legal Handbook (published by Thomson Reuters), which covers the laws on art in 30 different jurisdictions. He also frequently speaks on art law subjects at international conferences.
Massimo is on the WIPO lists of mediators and referees in matters of IP and art and cultural heritage. He has been chairman of the IBA Committee for Art, Cultural Institutions and Heritage Law and is currently the president of the UIA’s Art Law Committee. He is also a member of the advisory board of the Peggy Guggenheim Collection in Venice and sits on the board of directors of Fondazione Prada and of the US Friends of the MAXXI Foundation.
He speaks Italian, English, French, Spanish, German and Japanese.
GUSTAVO TANOUSS DE MIRANDA MOREIRA
Gustavo Tanouss de Miranda Moreira is a researcher in art law and cultural heritage law at the International Laboratory of Investigations into Transjuridicity at the Federal University of Paraíba (Brazil). He has a bachelor of laws degree from the Federal University of Paraíba. He can be contacted by telephone (+55 83 98146 0330) or by email (gtanoussmm@gmail.com).
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IRINA TARSIS
Center for Art Law
Born in Kiev, Ukraine, Irina Tarsis is an art historian and a practising attorney admitted to the bar in New York State. She earned her master’s degree in art history from Harvard University (Massachusetts) and her JD from the Benjamin N Cardozo School of Law (New York). Ms Tarsis launched the Center for Art Law as a blog in 2008/2009. In 2012, she began offering internship opportunities to interested law students, invited guest writers to publish research articles with the Center for Art Law website and organised events to bring lawyers and artists together for meaningful conversations and exchanges of ideas. Under her leadership, the Center was incorporated as a stand-alone non-profit organisation in December 2017. Ms Tarsis has served on the faculty of the Teachers College, Columbia University (2020), the Benjamin N Cardozo School of Law (2012, 2017–2018) and the European Shoah Legacy Institute’s provenance research training workshops in Lithuania (2013), Greece (2014) and Italy (2014).
An active member of multiple bar associations and art law committees in the US and Europe, she contributes to scholarship through regular publications and lectures on various topics, including resale royalty rights, due diligence in provenance research and fair use issues affecting visual arts. Her written publications include articles in the IFAR Journal,
Entertainment, Arts and Sports Law Journal, Cultural Heritage & Arts Review, Libraries & The Cultural Record, the ArtWatch UK Journal and the Institute of Art and Law’s journal, Art Antiquity and Law.
TAKU TOMITA
SAH & Co
Taku Tomita, a partner at SAH & Co, is a lawyer admitted to the Bar in Japan in 2002. He has 17 years’ experience in the field of intellectual property, including in copyright in connection with arts, and advises Japanese and international clients on all matters arising therefrom.
YULIANNA VERTINSKAYA
Yulianna Vertinskaya has been employed in the energy sector of a US company for approximately 10 years and was recognised as a leading corporate lawyer by The Legal 500
– GC Powerlist: Russia 2017. She holds a diploma in the doctrine of Russian law (civil and corporate law) as well as a diploma in common law (University of London). Her main practice areas include private commercial law, corporate law and compliance. In addition to her work in the energy sector, since 2016 she has focused her personal studies on legal issues pertaining to the art world. She publishes art law articles and is currently pursuing a further course of study in art history at the Moscow State Stroganov Academy of Design and Applied Arts. She can be contacted by email (vertinskaya_yul@mail.ru).
MARTHA VISSER
Bergh Stoop & Sanders
Martha Visser has been involved in several high-level (international) cases in art-related matters, handling court proceedings as well as claims for restitution of artworks before the Dutch Restitution Committee, which advises the Dutch government on the return of Nazi-looted art. She focuses on the fields of art law and intellectual property law and
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is a skilled litigator. Martha studied law at the University of Maastricht, and earned her LLM degree after completing her masters in private law at the University of Amsterdam. Her thesis regarded the international law aspects of the restitution of cultural property in the Netherlands.
During her studies, she also completed courses at the University of Salamanca in both the law and history faculties. She also completed an internship in the permanent delegation of the Netherlands at UNESCO in Paris, where she specialised in the UNESCO cultural heritage conventions. Martha has been practising as an attorney since August 2015.
PETRA WARRINGTON
Hunters Law LLP
Petra Warrington is a senior associate at Hunters Law LLP, practising art and cultural property law and intellectual property law. She advises collectors, artists, trustees and members of the art trade in relation to both non-contentious matters and disputes. Petra obtained a BA and MA in history of art before pursuing a legal career and held research, collection management and business roles at museums, galleries and auction houses in the United States and London. Petra is an accredited mediator and a member of Art Resolve, an officer on the IBA Art, Cultural Institutions and Heritage Law Committee and a member of the Professional Advisors to the International Art Market. She is recommended in the art and cultural property section of The Legal 500 and Chambers HNW.
YAEL M WEITZ
Herrick, Feinstein LLP
Yael M Weitz’s practice includes a wide range of domestic and cross-border art and cultural property matters. Yael has represented claimants seeking restitution of art misappropriated during the Holocaust, and claimants seeking the recovery of looted or stolen cultural patrimony. She has represented art dealers and galleries in various art transactions. Among other representative matters, Yael has successfully assisted the National Library of Sweden in recovering stolen rare books. Yael also represents Marei von Saher in her efforts to recover hundreds of Nazi-looted artworks from the collection of her father-in-law, the renowned Dutch art collector and dealer, Jacques Goudstikker. Yael is a member of the Art Law Committee of the New York City Bar Association and an advisory board member of the Center for Art Law. In 2017, Yael received Herrick’s Milton Mollen Pro Bono Award.
BARRY WERBIN
Herrick, Feinstein LLP
Barry Werbin is counsel at Herrick, Feinstein LLP and a member of its intellectual property group. His practice is focused on intellectual property and online issues (including trademarks, trade dress, copyrights, unfair competition, false advertising, publicity and privacy rights, trade secrets, domain name issues and UDRP arbitrations, digital rights protection, trademark and content licensing, marketing and sponsorship agreements, publishing, IP due diligence and exploitation rights) and technology (including software licensing and development, cloud and SaaS services, IT support, website development and hosting, and data breaches). Barry handles IP-related complex commercial litigation and transactional matters.
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Barry is the current chair of the New York State Bar Association’s Entertainment, Arts & Sports Law Section. Barry was a prior chair of the Copyright & Literary Property Committee of the NYC Bar Association and prior NY Chapter co-chair of the Copyright Society of the USA. He is a member of INTA’s Commercialization of Brands Committee and a prior member of INTA’s Online Use/Web 2.0 Working Group. Barry is co-chair of Fordham Law School’s Intellectual Property Alumni Affinity Group and an advisory board member of the Fordham Art Law Society.
Barry has been recognised multiple times as a top IP litigation lawyer by Super Lawyers.
GABRIELLE C WILSON
Herrick, Feinstein LLP
Gabrielle C Wilson focuses her practice on commercial disputes involving art, intellectual property and insurance-related issues. She also advises clients on a variety of matters relating to art and cultural property law. Experienced in both state and federal courts, Gabrielle has represented foreign governments and families of renowned artists in the recovery of art and antiquities. She graduated cum laude from the Benjamin N Cardozo School of Law, where she served as associate notes editor of the Cardozo Public Law, Policy & Ethics Journal, and received her undergraduate degree from Princeton University. Gabrielle is also a member of the Copyright Society of the USA, was selected to join the National Black Lawyers Top 40 Under 40 in New York in 2020 and 2021 and was recognised by Best Lawyers in America ‘Ones to Watch 2021’ in New York for intellectual property.
MONA YAPOVA
Constantine Cannon LLP
Mona Yapova is a paralegal at Constantine Cannon, where she assists the art and cultural property law group. Mona Yapova has assisted with regulatory, commercial and contentious matters involving a broad range of clients, including government entities, collectors, galleries, auction houses, artists and antique dealers, in both domestic and cross-border matters. Prior to joining Constantine Cannon, Mona Yapova acquired experience internationally while working at the Peggy Guggenheim Collection in Venice and the State Hermitage Museum in Saint Petersburg. Mona also researched and studied the collections of leading UK museums while completing her graduate studies at the Courtauld Institute of Art, where she focused on fifteenth century Persian arts and contemporary art. Mona holds an LLB in English law and French law from King’s College London, a Maîtrise en Droit from the Sorbonne Law School, and a graduate diploma in the history of art from the Courtauld Institute of Art. She speaks French and Bulgarian and has proficiency in Italian and Spanish.
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Appendix 2
CONTRIBUTORS’
CONTACT DETAILS
AARNA LAW |
BERGH STOOP & SANDERS |
No. 5, Adhokshaja |
Herengracht 481 |
Second Main Road |
1017 BT Amsterdam |
Vyalikaval |
Netherlands |
Bangalore 560003 |
Tel: +31 20 620 22 88 |
India |
Fax: +31 20 620 21 58 |
Tel: +91 80 2336 8494 |
vandenbergh@berghstoop.com |
kamala.naganand@aarnalaw.com |
visser@berghstoop.com |
www.aarnalaw.com |
vanhoek@berghstoop.com |
|
www.berghstoop.com |
AMINEDDOLEH & ASSOCIATES |
|
LLC |
BÜSING MÜFFELMANN & THEYE |
43 West 43rd Street, Suite 171 |
Kurfürstendamm 190/192 |
New York, NY 10036 |
10707 Berlin |
United States |
Germany |
Tel: +1 212 709 8149 |
Tel: +49 30 88 03 04 62 |
leila@artandiplawfirm.com |
Fax: +49 30 88 03 04 26 |
www.artandiplawfirm.com |
garbersvonboehm@bmt.eu |
|
www.bmt.eu |
ANGUS FORSYTH & CO |
|
16A, Hillier Commercial Building |
CBM & PARTNERS – STUDIO |
65–67 Bonham Strand |
LEGALE |
Sheung Wan |
Via Monte Napoleone 20 |
Hong Kong |
20121 Milan |
Tel: +852 2638 9099 |
Italy |
Fax: +852 2638 9880 |
Tel: +39 02 7602 2178 |
angus@angfor.hk |
gcalabi@cbmlaw.it |
www.angfor.hk |
www.cbmlaw.it |
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Contributors’ Contact Details
CENTER FOR ART LAW |
GIANNI & ORIGONI |
195 Plymouth Street |
20 Via delle Quattro Fontane |
New York, NY 11201 |
00184 Rome |
United States |
Italy |
Tel: +1 917 719 6815 |
Tel: +39 06 478 751 |
tarsis@itsartlaw.org |
Fax: +39 06 487 1101 |
www.itsartlaw.org |
msterpi@gop.it |
|
www.gop.it |
CONSTANTINE CANNON LLP |
|
90 Bartholomew Close |
HAVEL & PARTNERS |
London EC1A 7BN |
Florentinum, Reception A |
United Kingdom |
Na Florenci 2116/15 |
Tel: +44 20 3959 0700 |
110 00 Prague |
Fax: +44 20 3668 5601 |
Czech Republic |
tchristopherson@constantinecannon.co.uk |
Tel: +420 255 000 111 |
epeticca@constantinecannon.co.uk |
filip.cabart@havelpartners.cz |
smilucky@constantinecannon.co.uk |
vladek.kramek@havelpartners.cz |
myapova@constantinecannon.co.uk |
www.havelpartners.cz |
www.constantinecannon.com |
|
|
HERRICK, FEINSTEIN LLP |
E LANDAU LAW OFFICES |
2 Park Avenue |
38 Keren Hayesod |
New York, NY 10016 |
Jerusalem 9214915 |
United States |
Israel |
Tel: +1 212 592 1400 |
Tel: +972 2 5618845 |
Fax: +1 212 592 1500 |
Fax: +972 2 5618847 |
lkaye@herrick.com |
heller@elandau.co.il |
hspiegler@herrick.com |
kabelow@elandau.co.il |
bwerbin@herrick.com |
talilad@elandau.co.il |
yweitz@herrick.com |
ngoldberg@elandau.co.il |
gwilson@herrick.com |
www.elandau.co.il |
www.herrick.com |
ETUDE RENOLD GABUS- |
HUNTERS LAW LLP |
THORENS & ASSOCIÉ(E)S |
9 New Square |
Boulevard des Philosophes 15 |
Lincoln’s Inn |
1205 Geneva |
London WC2A 3QN |
Switzerland |
United Kingdom |
Tel: +41 22 321 1514 |
Tel: +44 20 7412 0050 |
Fax: +41 22 321 1500 |
Fax: +44 20 7412 0049 |
mar@renold-gabus.ch |
gregor.kleinknecht@hunterslaw.com |
www.renold-gabus.ch |
petra.warrington@hunterslaw.com |
|
www.hunterslaw.com |
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Contributors’ Contact Details
INSTITUTE OF ART AND LAW |
POLAK & PARTNER ATTORNEYS- |
Pentre Moel |
AT-LAW |
Crickadarn |
Am Getreidemarkt 1 |
Builth Wells LD2 3BX |
1060 Vienna |
United Kingdom |
Austria |
Tel: +44 1982 560 666 |
Tel: +43 1 582 580 |
alex.herman@ial.uk.com |
Fax: +43 1 582 582 |
www.ial.uk.com |
d.niedersuess@fplp.at |
|
www.fplp.at |
LAMBRECHT LAW OFFICE |
|
Kleine Zavel 12 Place du Petit Sablon |
PRYOR CASHMAN LLP |
1000 Brussels |
7 Times Square, 40th Floor |
Belgium |
New York, NY 10036 |
Tel: +32 2 513 9186 |
United States |
Fax: +32 2 450 4216 |
Tel: +1 212 421 4100 |
ll@lambrechtlaw.be |
Fax: +1 212 326 0806 |
cs@lambrechtlaw.be |
wcharron@pryorcashman.com |
www.lambrechtlaw.be |
www.pryorcashman.com |
LEVANT & PARTNERS LAW FIRM |
QUINN EMANUEL URQUHART & |
27 Petrovka Street |
SULLIVAN, LLP |
Moscow 107031 |
51 Madison Avenue, 22nd Floor |
Russia |
New York, NY 10010 |
Tel: +7 495 637 8377 |
United States |
levant@levantlegal.com |
Tel: +1 212 849 7000 |
alimova@levantlegal.com |
Fax: +1 212 849 7100 |
www.levantlegal.com |
lukenikas@quinnemanuel.com |
|
maarenshah@quinnemanuel.com |
PARASKEVAS LAW FIRM |
www.quinnemanuel.com |
|
|
7 Asklepiou Street |
RAMÓN & CAJAL ABOGADOS |
10679 Athens |
|
Greece |
Calle Almagro, 16–18 |
Tel: +30 210 361 0333 |
28010 Madrid |
Fax: +30 210 364 5329 |
Spain |
dparaskevas@paraskevaslaw.com |
Tel: +34 91 576 1900 |
www.paraskevaslaw.com |
Fax: +34 91 575 8678 |
|
rmateu@ramoncajal.com |
|
pfernandezlorenzo.colaboradora@ |
|
ramoncajal.com |
|
www.ramonycajalabogados.com |
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