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The leading international law firms for India work

financial

Why India needs a composite code for distressed banking and finance companies

creditorsvideo

Creditors in need of a credible mechanism for resolution of covid-19-related distress

intellectual property

IP and R&D teams must collaborate to better monetize intellectual property

FFL

Recommended drafting practises for FFL disclosure

By Piyush Sharma and Joginder Singh, LexOrbis
non-compete

Why unreasonable or one-sided non-compete clauses may become unenforceable

new normalvideo

Top GCs debate strategies for COVID-19 fightback

FEATURES

A cut above the rest

The leading international law firms for India-related matters

The power of persuasion

A critical part of a lawyer’s job is being a good negotiator. It requires people skills, well-ordered priorities and a positive approach to doing business

What’s blocking the chain?

Blockchain can be a disruptive technology for the administration of smart contracts in the financial sector if some regulatory hurdles are cleared

Creative synergy

High-quality protection of intellectual property (IP) is a crucial factor for companies to succeed in today’s competitive world. An effective IP strategy built together can aid the organization to manage its IP portfolio and attain a significant portion of the earnings

Keeping competitors at bay

It is well-settled law that a non-compete obligation in an employment contract in India is unenforceable after termination of the employment. However, an acquirer in an M&A transaction can require a promoter to not compete with the business that he is selling

Surviving a ‘new normal’

India Business Law Journal teamed up with prominent arbitrator Ashok Sharma and a stellar panel of GCs to debate how in-house legal teams should rise to the unprecedented challenges facing Indian companies in a post-lockdown environment

Are you being watched?

Governments adopting trace-and-track apps to prevent the spread of the pandemic have raised questions about the ‘right balance’ between pandemic response and privacy considerations

Managing outsourcing contracts

Outsourcing companies face severe operational challenges under the pandemic and understanding the impact of the force majeure clause and the doctrine of frustration is important in determining recourse for parties.

Slowing the free fall

With the COVID-19 outbreak, the government has introduced a lockdown to limit the spread of the virus among the population, while introducing a raft of measures to protect businesses

VANTAGE POINT

Moving past the pandemic

The pandemic has thrown up challenges for maintaining productivity, honouring contracts and keeping workers employed

‘E’ sign of the times

With COVID-19, the silver lining for the legal community will be a greater adoption of e-contracts

Dealing with delays at the IPO

The Patent Office making exceptions for delays to applications due to COVID-19 is welcome, but it should adopt more applicant-friendly policies for other cases too

CORRESPONDENTS

Japan’s rising interest in the Indian startup scene

By Nisha Mallik and Niranjana Menon, Samvad Partners

How to balance the IBC and the PMLA

By Manoj Kumar and Shweta Bharti, Hammurabi & Solomon

Prohibiting Chinese imports may not bring advantages

By Abhishek Tripathi and Anura Gupta, Sarthak Advocates & Solicitors
Sawant Singh and Aditya Bhargava are partners at Phoenix Legal. Sristi Yadav, an associate

Much needed alignment for housing finance companies

By Sawant Singh and Aditya Bhargava, Phoenix Legal
Lalit Kumar J Sagar Associates corporate law company law india

An opportunity lost for corporate law reforms

By Lalit Kumar, J. Sagar Associates
Anush Raajan Swastika Chakravarti Lakshmikumaran & Sridharan Insolvency and Bankruptcy code india

Disputed claims are not defaults under IBC

By Anush Raajan and Swastika Chakravarti, Lakshmikumaran & Sridharan
indian manufacturing lawyer

Expanding Indian manufacturing in EU, US

By Gautam Khurana, India Law Offices
E-courts

E-courts to aid Japanese companies with disputes

By Manish Dembla and Pradyuman Singh Sewar, Kochhar & Co
PPP Projects

Legal issues affecting PPP projects after lockdown

By Soumya Kanti De Mallik and Prithviraj Chauhan, HSA Advocates
Post covid-19

Facilitating exits in a post-covid-19 world

By Nivedita Tiwari and Nandini Seth, Shardul Amarchand Mangaldas & Co
FDI

Standing down the guard and increasing FDI in defence

By Damini Bhalla and Akshay Jain, L&L Partners
Copyright

No copyright protection implied for film sequels

By Manisha Singh and Gautam Kumar, LexOrbis
Software

Fighting piracy: A usual day at work for software giants

By Manisha Singh and Simran Bhullar, LexOrbis
regulatory

Awkward regulatory tango over COVID-19 relief

By Sawant Singh and Aditya Bhargava, Phoenix Legal

EXPERT BRIEFINGS

Left without remedy

Creditors are in need of a credible mechanism for the resolution of covid-19-related distress until the suspension of the corporate insolvency resolution process is in place

Keeping in step with the times

Patent offices and courts have introduced proactive measures in response to the COVID-19 lockdown

COVID-19: Business as usual

Despite the disruption created by the lockdown, Remfry & Sagar has been providing real-time updates on IP matters to clients

Blue sky thinking

The competition regulator has over the years allowed companies to undertake innovative commitments to enable their mergers to go through

How Colgate defended its brand

Pravin Anand and Achuthan Sreekumar illustrate how limited information isn't a barrier to stopping an infringing activity

When should companies recoup pension fund losses?

Exempted employers have to make good on payment defaults by issuers only in the event of a shortfall in interest payout

INTELLIGENCE REPORTS

A cut above the rest

The leading international law firms for India-related matters

A tool for financial trouble

Widely reported troubles at Yes Bank, IL&FS, DHFL and others have exposed inadequacies in the insolvency resolution regime for distressed banking and finance companies. Mohit Shukla, the legal head of Barclays India, argues that now is a perfect time to introduce a new composite code to address these shortcomings and rebuild public trust

Indian Law Firm Awards 2020

In this difficult and dynamic environment, India Business Law Journal’s editorial team was once again tasked with selecting the winners of the Indian Law Firm Awards. Our decisions are based on thousands of nominations and endorsements received from in-house counsel, other senior corporate executives and legal professionals around the world, as well as hundreds of submissions from Indian law firms

Diversity adversity

Supreme Court Justices Dhananjaya Chandrachud and Ajay Rastogi recently passed a ruling that enables women officers to serve as army commanders. The court also granted women officers the right to extended permanent service – a privilege that previously applied only to men. While the order affords women army officers the rights they deserved long ago, it does not fix overnight the backward views and stubborn stereotypes that persist within the corridors of power, be it those in the army or elsewhere.

The International A-List 2020

Of the hundreds of lawyers around the world who claim to be India experts, which ones are leading the field? To find out, India Business Law Journal sought answers from a large number of professionals, mainly experienced lawyers at Indian law firms and India-focused in-house counsel around the world.

Pecking order

This article explores the tensions that arise between the powers of the court in policing the implementation and proper interpretation of the Insolvency and Bankruptcy Code 2016 (code), the limits on the rights of the corporate debtor during the insolvency process, and the powers of the insolvency resolution professional (IRP) in these circumstances

AROUND THE REGION

A comparison of developments in dispute resolution

A close look at the emerging trends in litigation and alternative dispute resolution around Asia

Bermuda leads with ‘soft touch’

By Henry Tucker, Carey Olsen
Earlier regarded as a last resort, soft touch provisional liquidation is today a commonly deployed tool for restructuring offshore companies listed in Hong Kong and Singapore

Rising Stars: Thailand law firms

In the first of our new series that identifies movers and shakers making waves in regional legal markets, we showcase Thai law firms on the rise

The Cook Islands solution

This South pacific island country offers convenient, flexible and easy-to-administer options for setting up private trust companies

Japan’s top 100 lawyers

Asia Business Law Journal reveals the top 100 lawyers practising in Japan

Charting a new course

As the region feels its way through the fog of the global pandemic, we enlisted some of Asia’s top general counsel for a virtual roundtable to plot a roadmap for recovery

Structuring and financing Foreign Direct Investment (FDI) in Bangladesh

The Bangladesh economy continues to grow at an impressive scale, with a GDP growth rate of 8.1%, surpassing that of its neighbouring countries and making it one of Asia’s most remarkable success stories

Bangladesh: Ready for business

Often overshadowed in such a powerhouse neighbourhood, this populous nation has scripted an unlikely economic success story, creating lucrative opportunities for pioneering foreign investors

High stakes

The months leading up to the US presidential election in November will be crucial for the world, and especially for Asia. Dennis Unkovic explores the cards being dealt in political and legal terms, and warns the stakes could not be higher