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new normalvideo

Top GCs debate strategies for COVID-19 fightback

financial

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

relief

Taking stock of the relief measures deployed by regulators to soften the impact of the lockdown

intellectual property

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

labour

Labour market collusion: New frontier for antitrust?

By Lagna Panda and Ruchi Khanna, Chandhiok & Mahajan
non-compete

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

India

And the winners are …

FEATURES

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

Home and safe?

With COVID-19 forcing companies to implement work-from-home policies, Jim Fitzsimmons helps us understand the cybersecurity risks posed by a remote workforce

Pandemics unforeseen

How will the courts respond to an anticipated deluge of disputes relating to frustration of contracts in a post-COVID-19 world?

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

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

No copyright protection implied for film sequels

By Manisha Singh and Gautam Kumar, LexOrbis

Fighting piracy: A usual day at work for software giants

By Manisha Singh and Simran Bhullar, LexOrbis

Awkward regulatory tango over COVID-19 relief

By Sawant Singh and Aditya Bhargava, Phoenix Legal
protection

Protection of founder interests in VC transactions

By Nisha Mallik and Neha Mirajgaoker, Samvad Partners
Electricity

Electricity Bill lights path but sparks controversy

By Abhishek Tripathi and Narayan Gupta, Sarthak Advocates & Solicitors

Beneficiaries of public welfare schemes are consumers

By Karthik Somasundram and Shreya Gupta, Bharucha & Partners
creditors

COVID-19, IBC suspension and operational creditors

By Shweta Bharti and Sukrit Kapoor,Hammurabi & Solomon
moratorium

COVID-19 moratorium package: An RBI safe haven

By Nishtha Arora and Anjuli Hora, SNG & Partners
real estate

Foreign entities acquiring real estate in India

By Alok Tewari and Simrat Grover, Kochhar & Co
Bollywood

Will Covid spell the end for Bollywood?

By Sajai Singh, J Sagar Associates
FFL

Recommended drafting practises for FFL disclosure

By Piyush Sharma and Joginder Singh, LexOrbis
Trademark

Amending use claims in trademark cases

By Omesh Puri and Ruchi Sarin, LexOrbis
investors

New rules to socially distance non-resident investors

By Snigdhaneel Satpathy and Sanchita Kumari, L&L Partners

Analysing financing models for infrastructure projects

By Sharmil Bhushan and Jyoti Punjabi, HSA Advocates

EXPERT BRIEFINGS

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

Multiple dimensions of mediation

A good settlement strategy evolves depending on the interplay between different aspects of the dispute

INTELLIGENCE REPORTS

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

Rising Stars 2019

Jostling for position, arguably a useful skill when employed in moderation, has been elevated to a high art form in India, be it on busy highways or in professional life. While six or seven law firms dominate the legal market, a universe of medium and small firms of varying expertise and reputation are elbowing their way forward

AROUND THE REGION

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

Empowering women in law

Law firms should facilitate the growth of women in the legal fraternity, which will result in crafting a more progressive legal infrastructure

Levelling the field

The career growth of a female lawyer is often challenged by difficult work-life balance choices, leadership bias, a lack of opportunity for dialogue and debate, and stagnant workplace cultures

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

A contemporary IP regime

A lot of changes are underway to strengthen the intellectual property (IP) system in India. This article captures a snapshot of several initiatives made in this direction

Cybersecurity

Data protection and cybersecurity are evolving areas of regulation in Asia. Here, experts shed light on emerging jurisprudence in the region’s top jurisdictions

Cryptocurrencies

Governments across the region are being forced to clear the regulatory air on virtual currencies as they can no longer afford to ignore their popularity

Counterpunch!

With COVID-19 raging across the region, governments are trying to avoid knockout blows for their territories as they counter with life or death policy moves and decisions affecting business survival

First in line

A detailed analysis of Taiwan’s intellectual property regime: Trademark protection is obtained through registration and Taiwan follows the first-to-file system