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Combatting counterfeiters is never easy, but often the very survival of quality enterprises is on the line. The stakes are high so the right strategies are key, write Ami Parikh and Bhavesh Haria, in-house...
Asim Abbas aims to tap tech future with new firm Spectra Law
Asim Abbas has launched new firm Spectra Law based in Delhi with a partner and four associates.
Abbas, who will be managing partner of Spectra Law, said the application of new technology was disruptive and...
New CCI commissioners act to clear merger filings
The government's appointment of three new commissioners on 19 September helped to resolve a quorum issue that had plagued the Competition Commission of India (CCI) after former chairman Ashok Kumar Gupta retired in late...
Growing pains in startup crib
Turmoil within high-profile unicorns, a downturn in funding and an investor emphasis on profitability have resulted in a picture for startups that is not so rosy. Indrajit Basu reports
Startups were called “the backbone of...
Full speed ahead
Foreign firms grab the reins to fuel India Inc’s rising ambitions. Vandana Chatlani reports
The past year has been one of renewed optimism. India overtook the UK to become the world’s fifth-largest economy, with the...
Draft of DIA ready for consultation
The Ministry of State (MoS) for Electronics and IT, Rajeev Chandrasekhar, has said the first draft of the Digital India Act (DIA) will be released in early June. IT executives were at the second...
Indian Law Firm Awards 2023
Recognising and rewarding exceptional legal work. Katherine Abraham reports
India’s legal industry is experiencing a surge in activity, driven by increased deal-flow and record-breaking IPOs. While the most recognised law firms continue to dominate on...
FDI into India through alternative investment platforms
Distributed ledger technology-driven alternative investment platforms (DLT platforms) contribute to the inclusive growth of an economy. They attract every level of society, from low and middle to high class. Traditionally, investments requiring large scale...
Personalised advertising needs to be less personal
Personalised advertising has become a tightly focused subject in the field of data protection and consumer protection. Large, data-driven companies leverage their access to consumers’ information, tailoring advertisements and marketing, and selling them personalised...
Deals of the year 2022
India Business Law Journal reveals the standout deals and disputes of 2022 and the law firms that showed their worth in successfully concluding them
Despite concerns of a resurgence in covid-19 cases at the beginning...
In-house Counsel Awards 2022
India Business Law Journal reveals the achievements of the country’s leading in-house counsel and corporate legal teams who have been selected as this year’s winners. Katherine Abraham reports
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As the In-House Counsel Awards 2023...
The big squeeze
Should India tighten its grip over international technology companies, or will this approach backfire and cause them to reconsider growth plans in India? Freny Patel reports
India is entering 2023 with policy changes that could...
Budget 2023: Proposed changes
Raghavan Ramabadran, Bharathi Krishnaprasad and Sahana Rajkumar of tax specialist law firm Lakshmikumaran & Sridharan discuss the significant amendments proposed in the budget
Apart from laying out the broad plans of the government in respect...
Here comes the sun
With the worst of the pandemic behind us, and despite looming clouds in the global economy and geopolitics, India Business Law Journal’s annual market survey finds law firms in a buoyant mood on the...
Bouncing back
As business and travel edge back to normal after the pandemic, which foreign law firms are leading the field with their India offerings? Vandana Chatlani finds out
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ollowing a swift...
Crystal gazing into the future of competition and digital markets
The rise in the use of digital platforms and emerging technology has forced competition regulators globally to keep up, innovate and widen their competition assessment tools. The Competition Commission of India (CCI) is not...
Eyes wide shut
The decision to exempt mergers below certain thresholds from the CCI’s gaze has starkly divided opinions among competition lawyers, writes Freny Patel
A lot is riding on the government extending the de minimis exemption benefit...
Indian Law Firm Awards 2022
Discover our other annual awards Award
In a celebration of hard work, ingenuity and excellence, India Business Law Journal reveals the winners of the 2022 Indian Law Firm Awards. Vandana Chatlani reports
In the past 12...
Investment opportunities in ASEAN post-RCEP
The Regional Comprehensive Economic Partnership (RCEP), the world’s largest free-trade agreement, took effect on 1 January 2022. The RCEP brings together 10 ASEAN countries, Brunei Darussalam, Cambodia, Indonesia, the Lao People’s Democratic Republic, Malaysia,...
Building back better
Wise policymaking is need of the hour
Rebuilding after the pandemic was never going to be an easy task. Restoring confidence within communities and companies, coaxing workers back to offices and repairing the economy all...
IBLJ In-house Counsel Awards
In-house Counsel Awards 2022
India Business Law Journal reveals the country’s leading in-house counsel and corporate legal teams in our very first awards. Gautam Kagalwala reports
Individual AwardsTeam Awards
For the inaugural India Business Law Journal In-house...
Devil in the e-detail
The government is keen to support the growth of online trade, but its draft e-commerce rules could have the opposite effect. Freny Patel reports
India’s draft e-commerce rules have come under fire from industry experts...
Half empty or half full?
In an especially challenging year, India Business Law Journal’s annual market survey gauges the mood of the country’s lawyers and the health of the legal profession. Gautam Kagalwala reports
As the effects of the first...
Digital intermediary rules leave open door for misuse
In February 2021, the government enacted the Information Technology (Intermediary Guidelines Digital Media Ethics Code) Rules, 2021, under the relevant provisions of the Information Technology Act, 2000. Companies had until 26 May 2021 to...
Chasing change
Regulating for a slice of tech pie
Tax authorities across the globe have been denied access to big tech profits by strategies made possible because of the digitalisation of economies and the flattening of borders....
Mapping global expertise
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Cabinet reshuffle delays data privacy law
The recent cabinet reshuffle that saw senior ministers leaving their posts will delay the country’s much-awaited data privacy law, legal experts have warned.
The government’s recent announcement saw the departures of: Minister of Law and...
Challenging tabooze
A conversation with Anand Vijay Jha, a former regulator, who has switched sides to head public policy at United Breweries. He talks to Freny Patel about taking on the challenging task of changing the...
Indian Law Firm Awards 2021
Discover our other annual awards Award
Vandana Chatlani reports
India has faced a terrible year battling the covid-19 pandemic. Companies and law firm offices shut shop. Homes were turned into work spaces, and lawyers relied on...
Panacea or problem?
SPACS have generated tremendous interest in India, but are these re-emerging investment tools really a practical alternative to IPOs and a panacea for reviving capital markets? And just how tightly should they be regulated?...
Can the Startup India Seed Fund Scheme be a game-changer?
The Startup India Seed Fund Scheme gives an impetus to the seed funding initiative of the government. The policy and guidelines were released after the scheme was announced in January 2021. The government has...
FDI policy oversees trading on technology platforms
The buying and selling of goods and services on technology platforms has grown exponentially during covid-19. A technology platform connects buyers and sellers and facilitates commercial transactions between them. E-commerce platforms, under the FDI...
Future legal leaders
Future Legal Leaders 2024
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Future Legal Leaders 2022
India Business Law Journal reveals 50 up-and-coming lawyers who are making a name for themselves in the profession
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Deals of the Year
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Legal risks and exposure for Japanese businesses
India is ranked 63rd in the 2019 World Bank Global Ease of Doing Business Index. The complexity of laws, and lack of certainty and uniformity in their implementation, are challenging for traditionally conservative and...
Cash-strapped
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Reach for the sky
The aviation industry is poised for soaring growth after flying through the current turbulence, writes Boeing counsel Akhil Prasad
The aviation industry has come a long way since the first commercial flight in India on...
TMT specialist returns to L&L
L&L Partners has hired Asim Abbas as a partner in the firm’s New Delhi office. Abbas specializes in technology, media and telecommunications (TMT) and has domain expertise in TMT-related assignments relating to policy, regulatory, contractual, compliance...
Commerce ministry consolidates FDI policy changes
The Ministry of Commerce released the 2020 edition of the consolidated foreign direct investment (FDI) policy on 28 October, incorporating all the changes adopted in foreign investment in the past year.
The 111-page document tries...
Moving targets
With IP infringers shifting pirated content to mirror websites following takedown orders, Delhi High Court has started allowing dynamic injunctions to block new means of broadcasting the material. Rebecca Abraham reports
Delhi High Court has...
A cut above the rest
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Moving past the pandemic
The pandemic has thrown up challenges for maintaining productivity, honouring contracts and keeping workers employed. Mansha Shukla writes about the key considerations for in-house counsel
COVID-19 is preying on thousands of lives and has battered...
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Online payment players are now under the RBI
After first raising its intention to bring payment aggregators (PA) and payment gateways (PG) under its regulatory purview in its discussion paper of September 2019, the Reserve Bank of India (RBI) on 17 March...
Shining a light on unsafe practices
Inadequate enforcement of Indian standards has encouraged spurious manufacturers to put unsafe products on the market, write Nitin Mittal and Nitish Poonia
A 2019 Nielsen study on lighting products and their compliance with the Bureau...
The risk-reward conundrum
A GC’s ability to play a lawyer-guardian type role in a company is critical, writes Neeta Sanghavi
The purpose of corporate governance is to facilitate effective entrepreneurial and prudent management that can deliver the long-term...
Rising Stars 2019
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Rising Stars 2018
India Business Law Journal presents its list of 50 up and coming law firms
Jostling for position, arguably a useful skill when employed in moderation, has been elevated to...
FDI reforms give embattled economy a shot in the arm
Government data show that economic growth has slipped to 5% for the April-June 2019 quarter, a six-year low. With stock markets tumbling and automobile manufacturers grumbling, the government has gone on a reform spree....
Committee to look into NPD governance
The Ministry of Electronics and Information Technology has constituted a committee, headed by former Infosys CEO Kris Gopalakrishnan, to explore the governance of non-personal data (NPD). MeitY emphasizes the need to recognize the economic...
Understanding changing e-commerce landscape
Indian government’s decision to allow 100% FDI in e-commerce through the automated route in 2016 was a breath of fresh air for a large number of startups in India. It was a welcome move...
Long and short of e-commerce foreign investment rules
E-commerce in India has grown at a phenomenal pace, successfully changing the way people transact. The Digital India initiative by the government has helped expand the e-commerce sector in India across services ranging from...
Draft e-commerce policy puts intermediaries in a fix
The Department for Promotion of Industry and Internal Trade released the draft national e-commerce policy for India on 23 February 2019. Given that “data is the new oil”, the principal focus of the draft...
Unintended consequences
Fighting online counterfeiting may come at the cost of business
Taking action against counterfeiters is a worthy endeavour. Yet the chances of total victory may be slim, not least because the enemy in question has...
Weak links
As regulation races to keep up with the digital evolution, the rapid pace of change can create its own weaknesses in the chain of protection and enforcement. Gautam Kagalwala reports on how India's draft...
India Inc slow to embrace IIoT, finds survey
Indian businesses seem to be taking a wait-and-see approach towards the adoption of industrial internet of things (IIoT), according to a recent report by Osborne Clarke. The report surveyed 40 senior executives in manufacturing,...
Draft e-commerce policy – the devil is in the details
The Department for Promotion of Industry and Internal Trade (DPIIT) issued a revised draft of the National E-commerce Policy (policy) on 23 February 2019 seeking feedback and comments from stakeholders. The policy seeks to...
Online aggregators need legal, regulatory clarity
Regulation of e-commerce in India, specifically the permissibility of foreign investment in the sector has been dominated by, and has evolved into, a discussion on what constitutes a marketplace. While the foreign direct investment...
E-commerce policy risks putting cart before horse
On 24 February 2019, the Department for Promotion of Industry and Internal Trade published the draft National E-commerce Policy (ECP), which sets out a proposed framework for the sector. While the ECP states that...
Deals of the Year 2018
Deals of the year 2022
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India in 2019
Three prominent in-house counsel foretell the risks and opportunities in the pharma, data privacy and e-commerce sectors
Pharma: evolving priorities
The year ahead will see pharma companies and their general counsel (GC) continue to grapple with...
2018: The year that was
Aman Abbas and Anant Ghuge review the major legal issues and policy developments that made headlines in India’s mainstream media
The pages, websites and studios of the mainstream media were buzzing with matters before India’s...
The grinch that stole Christmas for e-tailers
The day after Christmas, the government issued a press note clarifying its stance on foreign direct investment (FDI) norms for e-commerce marketplaces, in a bid to mollify trade associations that were protesting against the...
Clarity needed on contract or job worker manufacturing
Manufacturers in India are permitted to sell their products through wholesale and/or retail (including through e-commerce) without seeking prior approval of the government. A long-time provision in the foreign direct investment (FDI) policy permits...
FDI policy: What is needed to draw more investment?
Start-up India, Make in India and other ambitious government initiatives, coupled with a liberalized policy and legislative improvements in areas such as insolvency and taxation, have resulted in India rising to 100th on the...
Repelling the web pirates
In the second part of a special series on technology in the legal sector, Leo Long looks at how governments across Asia are updating cybersecurity and data protection laws in anticipation of the next cyber-attack. Law...
FDI Policy, 2017: Decoding ambiguities
One of the prime targets in policy making has always been attracting greater foreign investment into India. Accordingly, the country’s foreign direct investment (FDI) policy has been frequently amended, as and when required. On...
Bustling market
Liberalization and reforms fuel record-breaking M&A activity, writes Nandini Lakshman
The year 2016 saw a swell in the number of India-related mergers and acquisitions thanks to a series of changes. A more liberalized foreign direct...
Big, bold and bullish
The desire for control, the struggle for funding, a changing tax regime and increased liability are some of the key themes dominating India’s private equity landscape. Vandana Chatlani reports
Last year was a year of big and...
Decoding the FDI policy liberalization in food retail
While agriculture employs almost half of India’s population, it contributes only about 14% to the nation’s GDP, resulting in low per capita income of the workforce engaged in the sector. And, while India produces...
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Money matters
L Badri Narayanan and Amar Gahlot analyse what the budget means for business.
The government has been fairly active over the past year liberalizing certain sectors and implementing other business-friendly schemes. Its drastic demonetization move dominated headlines as efforts...
A push for procedural certainty
Gowree Gokhale and Jaideep Reddy analyse the problems of delegated legislation and suggest ways to resolve them.
While the constitution and central and state statutes are the basis of India’s legal regime, delegated (or subordinate)...
Deals of the year 2016
Deals of the year 2022
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Deals of the year 2019
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Policy easing: A cracking start needs a strong finish
India’s inflow of foreign direct investment (FDI) rose to US$55.46 billion in 2015-16 from US$36.04 billion in 2013-14 due to radical liberalization by the current government.
Efficient and swift decision making has replaced policy paralysis,...
E-pharmacies: Regulatory environment needs clarity
Technological innovations have paved the way for setting up e-pharmacies globally and India is not far behind with well-funded players such as Netmeds, 1mg, PharmEasy, etc. However, the regulatory environment for these companies is...
On the cards
Rudra Kumar Pandey and Bani Brar forecast emerging regulatory trends and opportunities for in-house counsel to be business leaders.
The International Monetary Fund in its recent report (October 2016) forecasted that India would continue to...
E-commerce and GST: Moving from grey to white?
E-commerce has been one of the high growth industries over the last few years in India. Realizing the importance and potential of the internet, various policy measures such as Digital India and 100% foreign...
E-commerce valuations: To invest or not to invest?
In recent years, India has seen startups mushroom in the e-commerce sector. Boosted by cheaper data and penetration of smartphones to more households, mobile users today have greater access to e-commerce portals. The rapid...
Fake in India
Bharat Dube and Frank Rittman discuss the menace of counterfeiting in India and provide tips for brand owners and general counsel on how to fight it
In June, Jack Ma, chairman of the Alibaba Group, infamously stated at...
Investors eye RBI move to regulate P2P lending
The online industry and e-commerce have acted as a game-changer, affecting the nature and dynamic of sectors including transportation, retail, hospitality, etc. It is now perhaps set to do the same to the financial...
The slip between cup and lip
Shwetasree Majumder of Fidus Law Chambers discusses intermediary liability and finding collaborative solutions
Section 66A of the Information Technology Act, 2000, (the IT Act) has been widely dubbed an anti-free speech provision as it has...
Press Note 3 of 2016: A level playing field?
On account of a legal vacuum on the permissibility of foreign direct investment (FDI) in e-commerce activities being undertaken using a marketplace model, many entities with foreign investment have been operating on the “view”...
DIPP releases guidelines for FDI in e-commerce
The Department of Industrial Policy and Promotion (DIPP) has released press note 3 (2016 series) in order to provide clarity on the existing policy. The press note sets out guidelines for foreign direct investment...
A view to the East
India’s desire to strengthen trade ties with its Asian neighbours may bear fruit as investment channels open up, but some legal and cultural hurdles need to be cleared. Vandana Chatlani reports
Speaking in November 2014 at...
Fundraising for startups: Is your house in order?
As per a 2015 survey by Nasscom (the National Association of Software and Service Companies) India has paved the way to secure the third position in the world with three to four startups emerging...
The road ahead for FDI to meet India’s growth target
The prime minister, during “Make in India” week, urged investors to “seize the opportunity and invest” in India. The government’s drive to woo foreign direct investment (FDI) led to reforms in over 15 sectors...
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Funds in flux
Regulatory hurdles may be less daunting than other problems plaguing private equity investors, Rebecca Abraham reports
In September 2015, Baring Private Equity Asia acquired India’s largest cash management company, CMS Info Systems. The deal was significant...
The big reforms arrive with a bang as restrictions eased
India’s government on 10 November 2015 announced significant reforms to further rationalize and simplify the process of foreign direct investment (FDI), putting more FDI proposals under the automatic route and increasing the sectoral caps....
Deals of the Year 2015
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Foreign direct investment policy liberalized
The Department of Industrial Policy and Promotion issued Press Note 12 of 2015 on 24 November to liberalize the foreign direct investment (FDI) regime. The key changes are as follows:
Particulars
Earlier provision
Revised position
FDI in...
Chasing capital
As India’s equity markets stir, Nandini Lakshman investigates some of the recent deals, reveals the law firms that guided them and asks what’s in store for cash-hungry companies
It has been a modest but eventful...
Globetrotting
Intrepid Indian law firms are setting up offices overseas. What are the practicalities, perks and perils of such ventures? Vandana Chatlani investigates
As Indian businesses become more global in their outlook and operations, forward-looking Indian law...
E-commerce investment: Treading in the dark?
E-commerce is one of the fastest growing sectors in India in recent years. Technology, favourable demographics, and increasing use of the internet have been major drivers for the rapid growth of the sector. As...
A bit of bother
India needs to get to grips with the regulation of cryptocurrencies such as bitcoin. Chetan Tripathy and Roochi Tripathy explore the options
Cryptocurrencies such as bitcoin aim to accelerate the process of integrating people into...
Looking beyond the big names
50+ small and mid-size Indian law firms you should know about. By Rebecca Abraham
As any in-house lawyer will know, hiring an external legal adviser in India is often more about finding a lawyer who can...
Faces behind the marks
Brand managers at 24 leading companies reveal their hopes, fears and preferred law firms for intellectual property matters. James Burden reports
It’s spring and intellectual property is in the air. Next month approximately 10,000 IP lawyers...
Foreign investment in retail e-commerce: The way to go?
The new favourite for private equity and venture capital investors today seems to be e-commerce. Not only has China’s giant online trading company, Alibaba, had one of the most successful IPOs in recent history,...
Policy paralysis: A setback for insurance sector M&A?
India’s insurance industry has been keenly awaiting the passage of the Insurance Laws (Amendment) Bill, 2008, for over six years. Despite changes in the political scenario, on each occasion that the bill has been...
Deals of the Year 2014
Deals of the year 2022
Deals of the year 2021
Deals of the year 2020
Deals of the year 2019
Deals of the year 2018
Deals of the year 2017
Deals of the year 2016
Deals of...
India in 2015
Six prominent figures from India’s in-house counsel community share their views on the legal developments that will shape domestic and international business in the coming year
The Indian economy is expected to witness accelerated growth...
Bright ideas
In-house counsel from leading companies trade tips on IP protection and discuss the structures, systems and safeguards required for a successful IP strategy in India
Narendra Modi’s government vowed in September to draw up a...
Golden days ahead?
Is foreign investment on the brink of a rebound? Lawyers are optimistic, Rebecca Abraham reports
On 13 August, India’s minister for commerce and industry, Nirmala Sitharaman, told parliament that the government does not “entertain FDI...
Modi’s landslide
What now for the laws of business and the business of law? Fourteen members of the legal community discuss what to expect from India’s new government
Narendra Modi is a “wildcard”, an “unknown quantity” to...
Love affair with OTT apps hurting telecom providers
With internet connections growing exponentially, the degree of separation between netizens has shrunk dramatically. Who needs international dialling when over the top (OTT) players such as WhatsApp, Google, Skype, Viber et al. are available...
Government liberalizing pattern for FDI reforms
The government of India is further liberalizing its foreign direct investment (FDI) policies in various sectors in an attempt to thwart what is being called a trend of “economic policy paralysis”. The measures are...
Revitalizing India
Ten legal thought leaders talk candidly about India’s economic woes and outline a series of bold measures to put the shine back into the country’s economy
The odds appear to be stacked against India at...
Investment control and the e-tailing marketplace
Over the past few years, India has seen the rise of a robust e-commerce economy with all kinds of merchandise being sold to customers through online platforms. E-commerce revenues were over US$14 billion in...
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Changing scenarios in retail trade in India
The retail industry is one of India’s most dynamic and fast paced industries. With several big players entering the market, India has emerged as the fifth most favoured destination for international retailers, outpacing the...
The retail mystique and foreign investors in India
Through a press note on 20 September, India announced that 51% foreign direct investment (FDI) in multi-brand retail trade (MBRT) has been permitted for the first time. The move was part of a round...
Floodgates open for foreign investors
The Indian government has lifted investment caps in retail, broadcasting, civil aviation and power trading exchanges, permitting greater foreign participation. We highlight details of each policy change below.
Multi-brand retail trading
The Department of Industrial Policy...
Frustrated funds
Will a new regulator and a more favourable tax regime succeed in stimulating the private equity sector?
Nandini Lakshman reports from Mumbai
Emerging markets are still an attractive playground for private equity (PE) players. Over the...
India in 2011
Business and legal professionals share their hopes and fears for the year ahead
India Business Law Journal invited in-house counsel, private practice lawyers, an academic and a business strategist to share their predictions on the...
Consolidated FDI policy – introducing changes
On 31 March, the Department of Industrial Policy and Promotion (DIPP) issued circular 1 of 2010 to consolidate all policy on foreign direct investment (FDI). This includes policy contained in the Foreign Exchange Management...
Setting up shop
Despite a restrictive regulatory regime and deep political sensitivities, now is the time for foreign retailers to establish a foothold in India
Ben Frumin in New Delhi explains
Against the colossal backdrop of a Bollywood film...
Airline industry is growing but it could still use a lift
As in the case of Indian sea ports, there is a mismatch between the growing freight and passenger market and the infrastructure constraints in India’s domestic and international airports.
With annual passenger growth of 20%...
