Practice Areas

1. CORPORATE AND COMMERCIAL

The Firm’s corporate team offers services in respect of all stages of development experienced by a corporate entity, right from its inception to dissolution. Our team has a deep understanding of the Indian market and is capable of providing sophisticated legal solutions to corporate clients, that are commercially viable and technically sound.

Our team works very closely with clients to understand their businesses and the commercial terms that are critical to achieving our clients’ objectives. Regardless of the size of the transaction, we provide our clients with the highest level of service, including insightful analysis of issues, committed advocacy, creative problem solving, and effective and efficient negotiation. With our team’s deep experience in a wide variety of industries, we are positioned to advise clients on the latest market terms and trends in their commercial transactions.

In all of these contexts, we bring our experience to bear to help our clients achieve the best commercial outcomes in a practical and cost-effective manner.

1.1. Mergers & Acquisitions

Structuring the M&A Transaction

The firm advises on various cross-border structuring issues involved in M&A deals including tax and exchange control issues keeping in mind the business considerations. the structuring for M&A matters inter alia involves aspects of corporate and securities laws, foreign exchange laws and tax laws.

Due Diligence

The firm offers to conduct legal due diligence with an industry-specific focus on the target business.

Documentation and Negotiation

The firm offers assistance with drafting, reviewing and negotiation of any documentation related to the transaction such as term sheets share purchase agreements, share subscription agreements, shareholders agreements, non-compete agreements, non-disclosure agreements, etc.

1.2. Joint Ventures

We advise on all aspects of joint ventures including investment strategies, tax, and corporate structures, documentation, compliances, and exits. We assist our clients at all stages of the transaction from planning to the execution of the deal and also aspects related to licensing/assigning intellectual property to the joint venture entity, human resources (transferring, secondment, etc. to the joint venture company) and exit strategies.

1.3. Private Equity

The Firm advises on PE deals including complex cross-border, highly structured deals in regulated sectors. These include minority investments, control deals, and buy-outs. We advise on structures for efficient investment routing and exit, tax planning, and regulatory procedures required for making an investment, conducting due diligence, negotiating the terms and conditions of investments, etc. We assist clients right from the time of structuring and finalising the term sheet to conducting legal due diligence and identifying legal risks for the investor and thereafter drafting, negotiating and reviewing documentation related to the investment (including share subscription agreement, share purchase agreement, shareholders agreement, indemnity agreement etc.), closing of the transaction and compliance issues thereafter.

1.4. General Corporate Advisory & Compliances

The firm advises on all corporate laws related matters including the following:

• Foreign Exchange Laws /RBI Regulations inter-alia including on the aspects of foreign investments in India and out of India, the establishment of places of business in India, e-commerce, external commercial borrowings, purchase of immovable properties, export and import of goods and services. We also advise start-ups in structuring and setting up their business including the legal aspects related to an e-commerce business.
• Advising in relation to Companies Act, 2013 and rules and regulations thereunder including incorporation/setting up of a company in India and compliance issues from time to time till the dissolution of the Company.
• Securities laws/SEBI Regulations inter-alia including SEBI Takeover Regulations, Listing Regulations, Insider Trading Regulations, etc.

1.5. Commercial Agreements

Our firm assists its clients in drafting and reviewing of various commercial contracts includes inter alia,

• Services Agreements,
• License Agreements,
• Non-Disclosure Agreements,
• Publishing Agreements,
• Parent Support Agreement,
• Lease, Leave and License Agreements,
• Franchise Agreements,
• Dealership Agreements

1.6. Insolvency and Bankruptcy Law

The Firm advises clients in relation to the Insolvency and Bankruptcy Code, 2016 including initiating proceedings under the IBC.

 

2. REAL ESTATE

The Firm assists clients to safeguard and represents clients thoroughly and effectively before various forums. The firm advises the clients from the inception of real estate projects till the delivery of final product including assistance in procurement of lands, handling litigations for clients in various Courts, Quasi-Judicial Bodies, etc. viz. High Courts, NCDRC, NCLT, State Commissions.

The services provided by the firm also include the following:

2.1. Title due diligence of large chunks of land required for setting up Projects.

2.2. Advising on purchase, leasing, licensing arrangements, sale and lease-back arrangements.

2.3. Real estate acquisition for residential and commercial development, smart townships, hospitality, government housing schemes, healthcare, education, industrial parks, Special Economic Zone (SEZs), etc.

2.4. Investment/financing assistance in the real estate sector.

2.5. Advisory to domestic developers, investors, and financing institutions in relation to compliances under RERA, across different states in India.

2.6. Identify the parties and facilitate collaborations between developers -landowners and developer -developer.

2.7. Represent the Clients before RERA, SCDRC, NCDRC and other forums

 

3. INFRASTRUCTURE

The firm advises its clients (including sponsors, lenders, institutional investors, infrastructure funds, banks, corporations, developers, and governmental entities) in the infrastructure advisory of PPP (Public-Private Partnership) and Non-PPP projects of Government of India, various State Governments and various government bodies in the infrastructure field. The firm is involved with the full spectrum of project advisory, right from project conceptualization, pre-concession, during the execution stage, advisory during the life of the project and project dispute resolution.

Sectors we focus on:

• Roads,
• Railways
• Metros
• Ports
• Inter-modal Stations
• Healthcare
• Policy Reforms

We also assist our clients in drafting, negotiation and finalising documentation in relation to infrastructure projects, whether turnkey in nature or otherwise, advising on rendering and procurement apart from due diligence, risk analysis, and mitigation.

The firm also advises its clients on equity and debt (senior & mezzanine) financing of infrastructure projects.

 

4. INTELLECTUAL PROPERTY RIGHTS (IPR)

Our firm advises on all aspects of intellectual property including trademarks, designs, copyright and patents, licensing and litigation in respect of the infringement of intellectual property rights for clients ranging from start-ups to Fortune 500 companies.

 The modern concept of brands building and protection includes developing trademarks, trade names, corporate names, domain names, patent, copyright and geographical indications. Keeping pace with the changing times, we advise our clients on these broader concepts of brand protection and invested proprietary rights.

4.1. Patent and Design

• Drafting and prosecution of patent applications (Chemical, Mechanical, Life science patents)
• Handling foreign filing licenses
• Handling design applications
• Working on office actions of patent and design applications (Indian as well as National Phase and Conventional applications)
• Attending hearing before the Controller
• Pre and Post-grant patent opposition
• Patent rectifications, complaints and infringement actions.
• Appearing before Courts, Tribunals and Intellectual Property Appellate Board
• Opinion on Patent validity and infringement
• Patent watch for
• Drafting of Patent License Agreement, Technology Know-How Agreement, Design Agreement

4.2. Trademarks

• Trademark filing and prosecution and representation before the relevant office
• Trademark Oppositions,
• Trademark Rectifications,
• Trademark Complaints, Passing-off and Infringement actions.
• Appearing before Courts, Tribunals and Intellectual Property Appellate Board
• Trademark Licensing and Commercialization
• Trademark management and enforcement
• Audit and compliance
• Trademark investigation and enforcement activities including civil and criminal matters

4.3. Copyright

• Handling Copyright applications
• Copyright Assignment
• Author Publisher Copyright Agreements
• Vetting of Copyright Agreement
• Opinion on Copyright issues of client
• Raid and seizure under section 63 of the Copyright Act

4.4. Domain Name Dispute

• Drafting of complaint for .IN DRP Arbitration as per INDRP Rules of Procedure
• Attending UDRP Arbitration as per UDRP Rules of Procedure
• Reply to Respondents application
• Advising client

 

5. FOOD LAWS

We provide detailed legal opinions on the following:

• Regulatory issues related to products approval in India
• Legislative requirements relating to permissible ingredients in food and beverages and regulatory approvals for imports into India.
• Labeling requirements under the FSSA to many FMCG company
• Import of food & beverages in India
• FBO Licensing

 

6. DATA PROTECTION AND PRIVACY LAWS

 India’s data protection and privacy laws are relatively new. In the absence of specific legislation, data protection in India is achieved through the enforcement of privacy and property rights. Privacy rights are enforced under the Indian Constitution and the Information Technology Act, 2000, whereas the Indian Contract Act, 1872, the Copyright Act, 1957, and the Indian Penal Code, 1860, protect property rights. The expression ‘data’ is very wide in ambit and scope. It covers not only the personal aspects of individuals but also the commercial aspects.

The Firm has significant experience in counseling international clients on issues related to data protection and privacy in India. Our attorneys regularly represent a variety of businesses on a number of complicated transactions, thereby attaining in-depth knowledge about how different industries function, the specific concerns with respect to data and information management, and the practical aspects.

In addition to providing regular legal advice on issues involving data protection and privacy, we also assist a number of international companies on global privacy law projects that involve India, drafting and negotiating contracts with Indian counterparts, preparation of Indian law compliant data protection and privacy policies for international companies’ Indian subsidiaries. In-depth knowledge of GDPR norms ensures that our clients are compliant with all requirements while dealing with data transferred from outside India and the transfer of sensitive personal data within and outside India.

 

7. EMPLOYMENT LAWS

Employment law in India includes a plethora of central and state-specific statutes, regulations and judicial precedents.

The Firm advises and assists its client in drafting and reviewing employment contracts for different categories of employees (such as managerial, non-managerial, workmen, etc.), advising on termination of employment, severance settlements, transfer of employees, advising on the enforceability of negative covenants (non-compete, non-solicitation, etc.), secondments.

We also advise on employment issues arising at the time of corporate restructuring, including mergers and acquisitions, demergers, business transfers, etc.

The Firm also advises the clients in relation to the employee handbooks and policies including laws and policies on sexual harassment at the workplace which inter alia includes the constitution of the complaints committee, conducting investigations and taking appropriate actions in that regard. We also assist our clients in holding workshops and creating awareness amongst employees regarding applicability and implication of laws on sexual harassment at the workplace.

 

8. DISPUTE RESOLUTION

The firm has a robust litigation and arbitration practice with extensive knowledge in all forms of dispute resolution. We make it point to ensure that disputes are resolved efficiently and cost-effectively. We are adept at building claims for our Clients, involved in disputes, so that the same can be resolved through arbitrations. We assist our clients in the invocation of arbitration, drafting the statement of claim, statement of defence, affidavit of evidence, rejoinders, written submission, etc.

We represent our clients before various Courts and Tribunal such as:

• Supreme Court
• High Courts
• District Courts
• National Company Law Tribunal (NCLT)
• National Company Law Appellate Tribunal (NCLAT)
• Debt Recovery Tribunal / Debt Recovery Appellate Tribunal (DRT/DRAT)
• Company Law Board (CLB)
• Competition Appellate Tribunal
• Competition Commission of India (CCI)
• Central Administrative Tribunal (CAT)
• National Green Tribunal (NGT)
• Consumer Forum including National Consumer Dispute Redressal Commission (NCDRC)
• Intellectual Property Appellate Board (IPAB)

Legal advisory, drafting, and representation is provided in diversified litigation, including:

• Writs/ Appeals/ Revisions/ Review before relevant courts/ fora
• Commercial litigation
• Criminal matters
• Real estate disputes
• Contractual litigation
• Intellectual Property litigation
• Litigation pertaining to constitutional matters
• Regulatory litigation
• Insolvency and bankruptcy litigation.
• Labour law matters

 

Our objective is to apply our extensive domain expertise, built over the years, to help you win.