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India business laws

Hanging in the balance

The plethora of rule violations that have jail time as punishment is an ever-present threat for business managers. The passage of the Jan Vishwas Bill will be a step towards decriminalising them, but lawyers...

Self-policing fintech

India’s banking regulator wants the fintech sector to form self-regulatory organisations, but diverse interests in the industry aren’t the only challenges in making this happen. Freny Patel reports India is home to one of the...
TT&A and Resolut assist in smart meter project

TT&A, Resolut assist in USD2bn Genus-GIC smart meter project

TT&A and Resolut Partners assisted Genus Power & Infrastructures and Gem View Investment, respectively, in establishing a USD2 billion joint venture platform, making it the largest transaction in the energy smart meter market in...
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Green goals

India’s distant 2070 net-zero goal holds little immediate accountability. So, how is the country faring in terms of carbon reduction by 2030? Katherine Abraham reports India announced its goal to become a net-zero emitter by...

No secrets possible in public domain

By Essenese Obhan, Sumathi Chandrashekaran and Ayesha Guhathakurta, Obhan & Associates
The world of literature draws liberally on secrets; who keeps them and, most importantly, who disloyally reveals them. The corporate world, too, depends on those entrusted with secret information, whose betrayals can damage entire...
Akshay Malhotra TT&A project partner

Akshay Malhotra bolsters TT&A energy team and partnership

Akshay Malhotra has joined TT&A as partner in the firm’s projects, infrastructure and energy team, increasing the partnership to 26. Malhotra specialises in providing counsel to clients regarding project development and implementation across a wide...
The International A-list 2023

The International A-list 2023

The foreign lawyers most recommended by clients and peers for their work on the cross-border aspects of India-related matters. Katherine Abraham reports View the International A-list In 2022, India experienced a surge in deal activity, setting...
India Business Law Journal

Revving the growth engine

India and UAE reap benefits of trade pact On 1 May, on the first anniversary of the implementation of the India-United Arab Emirates (UAE) Comprehensive Economic Partnership Agreement (CEPA), the Indian commerce ministry enthusiastically called...
Asian law firms doing good deeds for society

A greater good

Law firms across Asia are putting profits aside to focus on pro bono work, community engagement, sustainability and staff welfare. Vandana Chatlani reports Law firms have long recognised the importance of promoting access to justice...
SAM legal advisory Go Digit Insurance

SAM assists registration of Go Digit Life Insurance

Shardul Amarchand Mangaldas & Co (SAM) provided legal advisory services in the funding and registration of Go Digit Life Insurance. SAM advised Oben Ventures (OVL) on establishing Go Digit Life and further structuring its investment...
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Ankur Singh, Riddhima Murjani now partners at Samvad

Principal associates Ankur Singh and Riddhima P. Murjani have been promoted as partners at Samvad Partners. Ankur, a graduate from the National University of Juridical Sciences, Kolkata, joined the firm in 2017 gaining significant experience...
renewable energy attracting foreign direct investment

Renewable energy blows in foreign direct investment

By Anindya Mazumdar and Mehak Verma, Singhania & Co
While renewable energy may be relatively new elsewhere, India has long used this source. It is free and abundant, being replenished as required by natural means. The government, through the National Green Hydrogen Mission, aims...

Fractional ownership – A piece of the action

Fractional ownership is a new buzz phrase in India's real estate market gaining popularity with retail investors looking for lucrative projects. Amit Aggarwal, a senior partner at SNG & Partners, and Devyani Dhawan, an...
SEBI-strengthening-governance-and-protecting-minority-shareholders-L

SEBI strengthening governance and protecting minority shareholders

By Abhishek Guha and Amrita Ghosh, Shardul Amarchand Mangaldas & Co
The Securities and Exchange Board of India (SEBI) notified the SEBI (Listing Obligations and Disclosure Requirements) (Second Amendment) Regulations, 2023 (LODR amendment) on 14 June 2023. Among other matters, it sets out provisions to...
Responsible investing in private equityvideo

The challenges of impact investment facing PE investors

By Vandana Pai and Ayush Jain, Bharucha & Partners
Globally, private equity investors have been a driving force for economic growth, and have recently been adding responsible investments to their portfolios. This is driven by factors such as climate change, regulatory developments, and...
Khaitan SAM and Trilegal assist in Brookfield deal

Khaitan, SAM and Trilegal assist in USD1.4bn Brookfield deal

Three law firms assisted parties involved in Brookfield Asset Management’s sale of two large commercial assets in Mumbai and Gurugram valued at USD1.4 billion. Khaitan & Co acted for Brookfield Asset Management, Shardul Amarchand Mangaldas...
CEPA boost India-UAE trade

Eyes on the Middle East

UAE trade pact is spearheading regional interest in India, writes Vandana Chatlani February 2023 was the first anniversary of the signing of the Comprehensive Economic Partnership Agreement (CEPA) between India and the United Arab Emirates...
India UAE new businesses guidelines

Guidelines for new businesses in the UAE

By Gautam Khurana and Thomas Paoletti, India Law Offices
The United Arab Emirates (UAE) has been a favoured business destination for Indians for decades. Recent changes have made an even more compelling case for Indian companies to be in the UAE for their...
CBIC threshold e-invoices

CBIC lowers threshold for e-invoices

The Central Board of Indirect Taxes and Customs (CBIC) has announced a significant reduction in the aggregate turnover threshold for e-invoices in a bid to broaden the tax base and promote digital tax compliance. The...
DIA draft consultation

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...
RBI reform proposals

Discipline not profit drives RBI reform proposals

By Sawant Singh and Aditya Bhargava, Phoenix Legal
The Reserve Bank of India’s (RBI) statement of February 2023 on developmental and regulatory policies noted that RBI supervisory reviews found divergent practices among regulated entities (RE), excessive charging of penal interest, and resulting...

Home and profits are where the heart is

By Puja Sondhi, Roma A Das and Harjas Singh, Shardul Amarchand Mangaldas & Co.
Some startups in India have set up foreign holding companies (HoldCo), attracting investment from venture capital and private equity funds. Often, HoldCos have been formed through restructuring, also known as externalisation or flipping, taking...
Law stands above commercial wisdom

Law stands above commercial wisdom

The Supreme Court’s 3 May judgment, in MK Rajagopalan v Dr Periasamy Palani Gounder & Anr, shows insolvency resolution plans must be approved by a committee of creditors before being put to an adjudicating authority. The...
india electrifying future in transport

India has an electrifying future in transport

By Pradyuman Sewar, Kochhar & Co.
India, the world’s most populous country, is witnessing a dramatic shift in the electric vehicle (EV) industry and automakers from many countries are investing in opportunities that the government has made possible through incentives...

Seen to be green

At a time of heightened environmental consciousness, using green catchphrases and identifiers can be tempting for companies to mislead consumers, writes Sunanda Bharti. The need for action on the climate has many companies signalling a...

Dentons, Link Legal officially seal partnership in India

Dentons, one of the world’s largest law firms, officially entered the Indian market in May this year in a tie-up with Link Legal after clients questioned why it did not have a footprint in...
India oasis of hope

India ‘oasis of hope’ for growth: IBA conference panellists in Mumbai

India is on the cusp of driving global growth and considered the last oasis of hope amid a worldwide slowdown, say panellists at the biannual International Bar Association (IBA) M&A conference in the financial...
Suadat Ahmad Kirmani join IndusLaw

Suadat Kirmani bolsters IndusLaw disputes practice in Bengaluru

Suadat Ahmad Kirmani left Tatva Legal in Hyderabad to join IndusLaw’s disputes practice as partner in the Bengaluru office. Kirmani, who is a seasoned disputes lawyer with nearly 11 years of experience, has provided expert...
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Never bet against regulation in online gaming

By Ashima Obhan and Akanksha Dua, Obhan & Associates
The online gaming industry, particularly real money gaming, has grown significantly. At the same time, the industry has experienced uncertainty and disruption, leading to an increased need for regulation and guidelines. The Ministry of...
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Founder indemnities balance risk against investor comfort

By Sindhu Nayak, Bharucha & Partners
Indemnities from founders of investee companies have always been heavily negotiated at the time of venture capital investments. With venture capital investments becoming increasingly common, the framework for the indemnities that investors expect from...
Former-directors-stay-on-the-hook-despite-successful-CIRP-Lvideo

Former directors stay on the hook despite successful CIRP

By Karthik Somasundram and Alabh Lal, Bharucha & Partners
Under section 138 of the Negotiable Instruments Act, 1881 (NI Act), if a dishonoured cheque is not subsequently met or paid, the issuer of the cheque will have committed an offence. Where the defaulter...

India’s electrifying ambition in green vehicle manufacturing

By Rajat Prakash, Siddharth Mahajan and Naina Chandok, Athena Legal
India’s automotive industry is undergoing a radical shift by switching to more energy efficient forms of transport. This has led to growth in the electric vehicle (EV) sector. As the industry is growing, the...
change in law generate changes

Change in law generates changes in attitude

By Mani Gupta and Saumya Upadhyay, Sarthak Advocates & Solicitors
In two judgments delivered earlier this year, the Supreme Court has settled disputes over the change in law clauses in power purchase agreements that have been on-going between generation companies and distribution companies (DISCOM)...
Tapan Pati joins Godrej & Boyce

Tapan Pati quits Johnson and Johnson, joins Godrej & Boyce

Tapan Pati joins Godrej & Boyce, a flagship company of the Godrej Group, as its senior vice president and general counsel, leading a legal team comprising 31 lawyers. Pati has 23 years of experience advising...
Unmanned aerial systems flight

Droning on about UAS certainly not dull

By Anand Srivastava, Abhishek Sharma and Namita Das, Dentons Link Legal
Unmanned aerial systems (UAS) or drones are the future of flight. With advancements in electronics and cameras and their integration with AI and machine learning systems, drones have come a long way. From reconnaissance...
liberalisation of India's education sector

Liberalising education

Is the liberalisation of India's education sector a lesson in how not to open a market? Indrajit Basu reports. In early January, India approved a plan to allow foreign universities to open campuses in the...
building legal department startups

Building blocks

What awaits in-house counsel when they are tasked with building a legal department for a startup? Katherine Abraham reports With India’s population surpassing China’s this month, as per UN data, the government must ensure that...

New safety net a surety

Surety insurance bonds are adding a level of sophistication to India’s insurance sector while strengthening infrastructure development and the economy at large. Puneet Gupta and Akash Singh examine this insurance product and the steps...
india regulatory foreign law firm

Mixed signals

India has opened its legal market, but regulatory uncertainties and domestic opposition give foreign law firms pause for thought. By Freny Patel India’s Bar Council has at last agreed with repeated calls from the international...
Best Top Indian Law Firms 2023

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...
India Money laundering act

Ministry tightens reporting under Money Laundering Act

Widening the ambit of the Prevention of Money Laundering Act, the Finance Ministry has tightened the reporting norms for non-profit organisations and beneficial ownership rules. The changes, brought about by an amendment to the Prevention...
JSA advises Torreya acquisition

JSA advises Torreya on acquisition by Stifel

JSA advised Torreya Holdings in the 100% acquisition of Torreya Partners by Stifel Financial Corp for an undisclosed amount. The transaction team from JSA consisted of lead partner Rupinder Malik, partner Rajul Bohra, senior associate...
JSA assists Srivaru Nasdaq listing

JSA assists on Srivaru Nasdaq listing via Mobiv SPAC merger

JSA advises US-based Mobiv Acquistion Corp in a USD409 million SPAC merger with Coimbatore-based Srivaru Holding, which will see the Indian firm list on the Nasdaq. Mobiv is a Nasdaq-listed special purpose acquisition company (SPAC) that focuses on electric vehicles, while...
Real estate M&Avideo

M&A activity shows real estate resilience

By Ashoo Gupta, Shardul Amarchand Mangaldas & Co
Mergers and acquisitions (M&A) in the real estate sector should be set against the overall M&A landscape. Overall numbers show a slowdown in M&A deals during the first quarter of 2023, with global market...
India companies facing English litigation

Indian companies facing litigation in England

By Gautam Khurana, India Law Offices and Jeremy Lederman, Harold Benjamin
As India received its legal structure from England, it is not surprising that many India companies in international disputes choose the jurisdiction of England and English law as the governing law. Language and legacy...
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Apoorva Guruprasad takes over litigation at Aarna Law

Aarna Law promotes advocate Apoorva Guruprasad as head of the firm’s litigation practice. Guruprasad has more than 15 years of experience in civil and commercial litigation and has appeared before the Supreme Court of India, various high courts, district courts and tribunals. Guruprasad has also...
India Business Law Journal

Pay to play

Government eyes tax potential of skill-based online games The past few years has seen the emergence of fantasy sports and skill-based online games, which have taken a hold in India. Driven by a confluence of...

Shortfall undertaking is financial debt under IBC

By Aditya Vikram Dua and Parvathi Menon, SNG & Partners
In lending transactions, standard practice is to obtain shortfall undertakings, that is meeting any shortfall in the repayment of the underlying facility from holding companies of the borrower or financially strong companies in the...
india big tech regulation development

Developments in India’s big-tech regulation

By Modhulika Bose, P&A Law Offices
Big-tech regulation has gathered steam across the globe and India is no exception. While issues around data privacy and intermediary liability have long been a point of contention in this debate, active regulatory intervention...
law holds agreements companies interests

Law holds companies to agreements including interest

By Pragya Ohri and Kanika Kumar, HSA Advocates
A claim for interest allows a party to recover a loss suffered by being deprived of the use of money, which is legitimately due. In India, the award of interest is primarily governed by...

Junk charges buy you just nothing

By Bagmisikha Puhan and Alaqshendra Singh, TMT Law Practice
It has become the practice of consumers, in concluding their transactions, to ignore the fine print of supporting documents. Particularly in the online purchase of products and services, consumers overlook charges additional to the...
India digital markets regulationvideo

Before not after regulation for digital markets

By Swathi Girimaj and Sachit Ram, Bharucha & Partners
Sustained interest from private equity and venture capital investors has led India to become the third largest global startup ecosystem, with over 100 unicorns. Its digital economy is projected to reach USD1 trillion by...

Making sense of the promoter conundrum

By Abhishek Guha and Jagriti Mohata, Shardul Amarchand Mangaldas & Co.
During recent discussions with book running lead managers and other advisers, the Securities and Exchange Board of India (SEBI) indicated that, in an initial public offering of equity shares (IPO), it would categorise founders...
continued growth in FDI Indiavideo

India benefits from continued growth in FDI

By Rohit Jain and Diviay Chadha, Singhania & Co.
Foreign Direct Investment (FDI) is an integral part of the Indian economy. Over the years, India has emerged as a popular destination for FDI owing to its huge domestic demand, the availability of natural...
india online gaming regulation

The Test

While curbs and regulation of the burgeoning online gaming industry are necessary, has the government gone too far? Freny Patel reports. A deep dive into amendments to India’s 2021 information technology rules and recently proposed...
PE funds face challenges identifying beneficial ownersvideo

PE funds face challenges identifying beneficial owners

By Vandana Pai and Hardik Dave, Bharucha & Partners
The significant beneficial owner (SBO) regime in India was introduced by the Companies Act 2013 (act), the Prevention of Money Laundering Act, 2002 (PMLA act) and associated rules. The framework followed recommendations from the...
general counsel management

Dealing with bad decisions

As gatekeepers, what can general counsel do when management make poor decisions that cause harm to the business? Indrajit Basu reports. With growing scrutiny on business owners and founders to conduct business with integrity and...
India Business Law Journal

CCI in limbo

Competition regulator struggles amid M&A boom For India, 2022 continued to be a great year for M&A, with deal values soaring to USD119 billion as per data from Refinitiv – a 156% increase compared to...
AI’s disruption in IP

AI’s disruption in IP and evolution of jurisprudence so far

By Meghana Chandorkar and Chandana Arval, TMT Law Practice
Intellectual property (IP) laws have, until now, in the absence of artificial intelligence (AI), considered IP as the creation of human intellect. This foundation has been disturbed by the recent explosion in AI, which...
Personalised advertising

Personalised advertising needs to be less personal

By Aadya Misra and Vishnu Naduvakkad, Spice Route Legal
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...
Proxy wars in patent litigation

Proxy wars in patent litigation: Not always a viable strategy

By Pravin Anand and Vaishali Mittal, Anand and Anand
A recent decision by the Competition Commission of India has put the lid on infringers with frivolous patent allegations There has been a proliferation of proxy wars for patent supremacy in recent years. What is...
Staying-on-top-of-data-privacy-Lvideo

Staying on top of data privacy

In this edited extract from a roundtable hosted by India Business Law Journal and Ikigai Law, moderator Sreenidhi Srinivasan and a distinguished panel of global data privacy experts discuss how companies can create globally...
Competition Commission of India

CCI in paralysis

Government indecision on a major appointment to India's antitrust watchdog has left it in a regulatory limbo, unable to properly enforce or protect, Freny Patel reports. The government’s failure to fill the empty chairman’s seat...
TFCD guidelines on climate change

TCFD is not storm in a teacup

By Soumya De Mallik, Unnati Goel, Prithviraj Chauhan and Meeval Mariam Varghese, HSA Advocates
In 2017, the Task Force for Climate-related Financial Disclosures (TCFD) delivered to the Financial Stability Board of the Bank for International Settlements, a set of consistent, comparable and transparent guidelines for the financial disclosure...
In-house counsel turn-offs with law firmsvideo

What clients really want

Have you ever wondered why your clients prefer your law firm over others? Or perhaps what they particularly dislike about your own legal services? Our survey gauges the opinions of in-house counsel around the...

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...

Securing the future of stressed assets

By Sawant Singh and Aditya Bhargava, Phoenix Legal
Securitisation is the aggregating of commercial debt and repackaging it as capital market instruments. India has separate regulatory frameworks for the securitisation of standard or performing assets, which involve banks and financial institutions, and...
India specified goods new valuation rules

New valuation rules introduced for specified goods

By Reena Asthana Khair, Kochhar & Co.
The Customs (Assistance in Value Declaration of Identified Imported Goods) Rules, 2023 (rules), read with section 14 of the Customs Act, 1962, identify undervalued imports that should be investigated further. Undervaluation leads not only...

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 Individual AwardsTeam Awards As the In-House Counsel Awards 2023...
Future Legal Leaders 2023

Future Legal Leaders 2023

What are the winning traits of lawyers that make them stand out to their clients and peers? Stanley Le reports Access The List This year’s search for Future Legal Leaders begins with the winning traits of...
india transborder reputation

Transborder reputation in India means you must be here

By Essenese Obhan and Sannidhi Mahapatra, Obhan & Associates
Global citizens and travellers extensively use online sites, social media and search engines to smooth their journeys and stays. Usually this involves no thought as to where any service provider is based or the...

ESG finance: Where to find the money?

By Gautam Khurana and Panos Alivitazos, India Law Offices
India is committed to cutting carbon emissions and reaching net-zero by 2070. While this target is still far away, a more immediate government target is cutting carbon emissions by 45% from 2005 levels and...
Government tightens grip on Big Tech

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...
India Budget 2023

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...
Arpit Choudhary joins ANM

Bar & Brief lawyer Arpit Choudhary joins ANM as partner

Arpit Choudhary, formerly with Bar & Brief Attorneys, joins ANM Global as a new partner in Mumbai to strengthen the firm’s media and entertainment practice. Choudhary has more than a decade of experience in the...
compromise on AIF exit timelines

Reaching happy compromise on AIF exit timelines

India’s growth story can be linked to the massive fund mobilisation through alternative investment funds (AIFs). These privately pooled investment vehicles raised INR6.95 trillion (USD86.81 billion) from Indian and overseas investors up to mid-2022...
social media influencers guidelines

Guidelines for social media influencers

The government has introduced endorsement guidelines for social media influencers to curb unfair trade practices and misleading promotions. The Department of Consumer Affairs announced the guidelines, making it mandatory for influencers to disclose promotional content...
SEBI probes claims against Adani

India’s stock regulator SEBI probes report claims against Adani

The Securities and Exchange Board of India (SEBI) has told the Supreme Court that it is investigating the Hindenburg Research report’s claims of financial irregularities among the Adani group of companies. “As the matter is...
Lalit Bhasin interviewvideo

Man on a mission

With a relentless demeanour and the stamina to remain in the game for longer than an Indian test opener, Lalit Bhasin discusses the finer nuances of life, law and legacy with Gautam Kagalwala He is...
Swiss-lessons-in-simplified-mergers-L

Swiss lessons in simplified mergers

Having completed a simplified takeover in seven working days under the 2003 Swiss merger act, Yashasvini Kumar, Pooja Gondalia and Bhakti Sampat look at how the approval process could be made quicker in India,...
Online gaming in India

No more playing around for online gaming

By Ashima Obhan and Shuchi Dutta, Obhan & Associates
Consistently making headlines, gaming has been a contentious subject of late. Increasing accessibility to the internet and smartphones has allowed India to become the world’s largest mobile gaming market in terms of app downloads....
video

Moving from dot-com courts to bot courts

By Shilpa Gamnani and Harsh Buch, TMT Law Practice
Good law needs good judges. Good judges closely examine their powers to see whether they are able to provide a remedy for a clear wrong. A good judge is also imaginative, able to see...

Court grounds dispute brought by Frankfinn Aviation

In the recent case of Frankfinn Aviation Services Pvt Ltd v Tata Sia Airlines Ltd, an interim injunction was filed against Tata Sia Airline (the defendant) by Frankfinn Aviation Services (plaintiff) in the Delhi...

Manu Varghese joins Samvad Partners in Mumbai as partner

Manu Varghese is the latest partner to join the Mumbai branch of Samvad Partners and is set to focus on mergers and acquisitions, and private equity. “I feel privileged to join such a warm and...
Arpita Mukherjee joins anand and anand

Fabindia legal chief Arpita Mukherjee joins Anand and Anand

Arpita Mukherjee, head of the legal and compliance department of Fabindia Limited, has moved to Anand and Anand as part of the latter’s expansion of its corporate practice. With more than 30 years of experience,...
Anand and Anand defends Rooh Afza mark

Anand and Anand defends Rooh Afza mark

Anand and Anand advised the Hamdard group of companies, which owns the well-known beverage concentrate Sharbat Rooh Afza, in its successful appeal against Sadar Laboratories for the use of its trademark Sharbat Dil Afza. The...
NCLAT on tyre cartelisation case

NCLAT delivers landmark ruling in tyre cartelisation case

The National Company Law Appellate Tribunal (NCLAT) delivered a landmark judgment in a cartelisation case where it ordered the CCI to review fines imposed on five domestic tyre manufacturing companies and the Automotive Tyre...
Incentive structures for startup promotersvideo

How to keep startup promoters on board

By Swathi Girimaji and Sachit Ram, Bharucha & Partners
Finding the right share-based compensation structure for promoters of startups that, at the same time, protect the interests of financial investors is challenging. While the goal is the same, that is to keep promoters...

Kochhar & Co hires two corporate partners in Chennai

Christopher Manoharan and Ramasamy Santhanakrishnan have joined Kochhar & Co at its Chennai office as senior partner and partner, respectively. Manoharan specialises in corporate commercial transactions, venture capital and private equity transactions, joint ventures, trademark...

The A-List 2022-23

Based on an extensive survey of in-house counsel and international legal professionals, we reveal India’s most recommended lawyers. Chandu Gopalakrishnan reports Access the A-List 2022-23 There is nothing more satisfying than becoming a lawyer if you...
tech companies issuing DR sharesvideo

Tech companies favoured in issue of DR shares

By Swathi Girimaji and Varsha Singh, Bharucha & Partners
The principle of one share, one vote was the gold standard of corporate governance in the 20th century. However, more elaborate capital structures, involving shares with differential rights, have gained global popularity over the...
India takeover code

Poison pills give immunity from hostile takeovers

By Soumya De Mallik and Prithviraj Chauhan, HSA Advocates
While the term takeover is not formally defined, the SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 2011 (takeover code), defines acquisition as “directly or indirectly, acquiring or agreeing to acquire shares or voting...
video

Employees may soon get better privacy protection

By Mathew Chacko and Aadya Misra, Spice Route Legal
Employers inevitably process large amounts of personal and sensitive information about employees. While most data are collected for standard business purposes, such as payroll and the provision of insurance, the pandemic has seen a...
Priyanka Chaudhari leaves Netflix

Counsel Priyanka Chaudhari leaves Netflix to start independent practice

Netflix India’s former director and counsel Priyanka Chaudhari is launching her independent practice after achieving “great success” in defending the American streaming service and its content in courts, regulatory forums and investigations. Christened as Priyanka...
resignation of lawyers

Jumping ship

Disruption fuelled by global uncertainty has pervaded the dynamics of the legal workforce, with lawyers across Asia not hesitating to seek out new positions. Freny Patel dives into the reasons behind this trend In his...
India section 141 NI act debate

Debate on section 141 of NI act

The world of commercial transactions contains numerous unique intricacies, many of which are yet to be statutorily regulated. More particularly, the principle laid down in Section 141 of the Negotiable Instruments Act, 1881 (NI...
India Business Law Journal

Caught in the crosshairs

Fierce campaign to tame online space The digital sphere has been firmly in the sights of the government. When the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, were announced last year,...
Global investment trendsvideo

Keymasters

As the world acknowledges the real threat of global recession, where and how a Company should invest has never been more challenging. General counsel hold the keys To unlocking opportunity, and more than ever...

The business of billing

A climate of competition has kept legal fees stable as lawyers strive to provide certainty and prove their credibility. Vandana Chatlani reports Over the years, clients have become sophisticated buyers of legal services in...
Indian In-house counsels recognition

GCs fight for access

In 2022, it seems bizarre that in-house counsel may not carry a bar licence owing to an antiquated law that dates to the middle of last century. Freny Patel looks at the battle for...
India's problem with cybersecurity rules

Who’s listening?

Cybersecurity directions from the country’s computer emergency response body in effect since late September have been decried by the industry for overreach and compliance burdens. Is the outcry being heard? Indrajit Basu reports I ndia’s efforts...
Nandita Khurana leaves Michelin

Nandita Khurana leaves Michelin to establish independent practice

Michelin’s zonal legal head in India, Nandita Khurana, is moving on to set up an independent practice after a more than decade-long career with the tyre giant. After working at Michelin for more than 14...
HSA banking partner brings Mumbai team to Kochhar & Co, Sharmil Bhushan

HSA banking partner brings Mumbai team to Kochhar & Co

Banking specialist Sharmil Bhushan joined Kochhar & Co as a partner and brought along her team from HSA Advocates in Mumbai on 29 November. Bhushan specialises in banking and finance, debt restructuring and insolvency, mergers...

Former Uber legal head Mohit Abraham joins Sequoia India

Mohit Abraham, Uber's former director of regulatory affairs for North America, joined Sequoia India as chief legal officer in early November, succeeding Siddharth V Rao. Before his move to Sequoia, Abraham was a legal aide...
Rainbow judgment on IBC

Rainbow Papers judgment: Clouds loom over IBC

By Soumitra Majumdar and Utkarsh Bandhu, JSA
By recognising the state government as a secured creditor, the Rainbow Papers judgment exposes the Insolvency and Bankruptcy Code to incongruous uncertainty Promulgation of the Insolvency and Bankruptcy Code, 2016 (IBC) brought much cheer to...
Shantanu Singh new Tata Power’s legal chief

Former DSK attorney Shantanu Singh joins Tata Power

Shantanu Singh, former principal associate at DSK Legal in New Delhi, has joined one of India’s largest integrated electricity companies, Tata Power, as the group head of legal. Tata Power is part of the USD128...

Former Rolls-Royce GC Roop Loomba returns to her roots

After establishing the legal, ethics and compliance division for Rolls Royce and spending almost four years at its Indian subsidiary, Roop Loomba has returned to Loomba Legal Services, the family law firm she co-founded...
RBI released new ARCs regulatory framework

ARCs can be resolution applicant

The Reserve Bank of India (RBI) released a new regulatory framework for Asset Reconstruction Companies (ARCs) on 11 October allowing them to be resolution applicant (RA) entities under the Insolvency and Bankruptcy Code, 2016...
India Business Law Journal

Much needed revamp

Changes proposed to competition act see mixed response The introduction of the Competition (Amendment) Bill, 2022, seeks to overhaul the competition law framework in India. Several competition law practitioners have hailed the bill for its...
Gauri Rasgotra Delhi law firm

Cyril Amarchand’s Gauri Rasgotra to open boutique Delhi law firm

Cyril Amarchand Mangaldas (CAM) partner and Delhi deputy head Gauri Rasgotra will launch her independent boutique law firm early next year and is currently serving her notice period till January. “I am starting a litigation...
Juris-represents-CCI-over-broadcasters’-writs-against-probe

Juris represents CCI over broadcasters’ writs against probe

Juris Corp successfully represented the Competition Commission of India (CCI) in opposing the writ petitions filed by three broadcasting companies before the Bombay High Court. The three companies, Asianet Star Communications, Disney Broadcasting India and...

Steering the ESG shift

For general counsel, embracing responsible governance may not be easy but it is the right thing to do, writes Mike Madden, global board chair of the Association of Corporate Counsel View the Chinese version INVESTOR FOCUS...
India's pre-grant opposition process review

Time for pre-grant opposition process review

By Archana Shanker, Anand & Anand
A reassessment of opportunities and obstacles with pre-grant opposition under the Patents Act is well overdue for the benefit of innovation and the economy Historically, even before the pre-grant opposition procedure was introduced in the...
Missed opportunity on new framework ARCs

New framework for ARCs perhaps a missed opportunity

By Sawant Singh and Aditya Bhargava, Phoenix Legal
The April 2021 statement on developmental and regulatory policies of the Reserve Bank of India (RBI) noted the growth of asset reconstruction companies (ARCs), mentioning that “their potential for resolving stressed assets is yet...
India future of group of companies doctrine

Guidance awaited on future of group of companies doctrine

By Ashish Anand, HSA Advocates
Arbitration is a creature of contract statutorily backed by the Arbitration and Conciliation Act, 1996 (act), which is intended to provide quick and efficacious alternate dispute remedies. In our experience, challenging areas in arbitration...
Here comes the sunvideo

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...
RBI on digital lending app

Lending apps under RBI scrutiny

India’s digital lending industry, which is expected to grow in worth to USD1.3 trillion by the end of the decade, has been subject to a clampdown by the central bank. The Reserve Bank of...
India's Competition Amendment Bill 2022

Black & white

While the decision to update the competition act is commendable there are significant negatives, including the potential abuse of power, that lawyers say make the pending bill’s success anything but clear. Freny Patel reports India’s...
Trilegal appoints Rajat Jariwal

Trilegal names Khaitan’s Jariwal as New Delhi disputes partner

Former Khaitan & Co lawyer Rajat Jariwal joins Trilegal as a partner in the disputes resolution team at the New Delhi office from this month. “We expect him to play a crucial role in...
RBI on digital lending

Digital lending goes up; RBI cracks down

By Mathew Chacko, Aadya Misra and Shristi Kumar, Spice Route Legal
India’s vibrant digital lending sector has grown at an unprecedented rate, increasing from USD9 billion in 2009 to USD110 billion a decade later. Participants in the industry include banks and financial institutions regulated by...

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