Corporate and Commercial
The firm offers complete legal solutions incorporating aspects of various stages of Pre-Entry, Establishment, Post-Entry and Exit on a turn-key basis. We provide comprehensive legal support to our clients for:
- Selecting Investment structures and setting up Companies, Limited Liability Partnerships, Liaison office, Branch office and Project offices;
- Diverse forms of Corporate/Business/Debt Restructuring, Group Shareholding Consolidation and Reorganization of Share Capital;
- Creation and operation of Shareholders and Joint Venture agreements and Strategic alliances including Agency and Distributorship agreements;
- Transaction support including Legal Due Diligence of Target companies, complete documentation pertaining to Group Business Restructuring and Group Shareholding Consolidation, Drafting and review of Agreements, Business Acquisition documents and checklists;
- Issues in day-to-day Labour, Employment and Management including Employment Relationships Agreements and policies, Consulting and Secondment arrangements, Termination of contracts, Benefits, Outsourcing (Contract Labour) and Expatriation;
- Process notes and advisories on Restrictions, Controls, Fees and Taxes on Foreign Currency Exchange transactions vis a vis Foreign Exchange Management Act, 1999 and various Rules, Regulations, Notifications and Guidelines issued by the Reserve Bank of India especially on the issues of Remittances (Repatriation and Realisation of Investment proceeds), Returns and Loan payments to parties in other jurisdictions;
- Regulatory issues including Approvals and offering comprehensive Compliance programmes;
Our firm has wide experience in Commercial transactions including Residential and Commercial Conveyances, Business and Professional contracts, Licensing and Leasing agreements and Insurance Claims.
Our firm represents the interests of Entities across various spectrums, ranging from Start-Ups, Multi-nationals, Family owned businesses, SMEs, Statutory Bodies funding businesses in Infrastructure and niche technologies, Industry Bodies/Associations, Hospitality sector, Power distribution, to name a few.
Intellectual Property Rights
Our members bring to the table an extensive experience in all processes entailed in Identification, Protection, Registration and Commercial exploitation of all types of Intellectual Property Rights. Our members have undergone rigorous training in specialized firms in this field and have represented Domestic and International clientele spanning a cross-section of industries. We provide comprehensive legal support to our clients for:
- IP Registration, Searches and Portfolio management;
- IP Audits and Due Diligence;
- Commercial and Contractual IP Transactional support including negotiation and drafting of Agreements, Assignments, Licenses, Registered User agreements, Technology transfer and Joint Venture agreements etc.;
- IP Litigation and Enforcement including Anti-Piracy and Anti-Counterfeiting drives;
- Customs Recordal of IP;
- Investigation co-ordination and Reports on potential misappropriation, Operational risk assessment, Internet and physical monitoring etc.;
- IP Valuation and Monetization;
- Registration of Domain Names, Cyber Squatting issues and Complaints;
- Undertaking funded IP Research Projects, Training and Policy Advisory Services.
Real Estate, Infrastructure & Finance
The firm has a comprehensive real estate practice providing services in a ‘one-stop shop’ model with an outreach spanning all over India. In our years of practice, we have developed extensive local networks giving us the capacity to offer quick turnaround suited to compliment commercial deal making and closures. Our firm has represented various stakeholders at every level including Developers, Contractors, Lenders and Investors. These diverse representation gives us a thorough understanding of the needs of different project participants and the ability to provide legal solutions balancing the conflicting interests.
Our firm is routinely engaged by infrastructure finance companies to undertake Title Searches / Due Diligence, involving extensive issues like:
- Ownership in the property;
- Local/municipal clearances;
- Statutory clearances and compliances;
- Location of the property;
- Dealing with Land record offices at all levels;
- Perfection of title;
- Clearance in respect of conversion of land from Agricultural to commercial (CLU);
- Sanction of construction plan or development plan;
- Tenure restrictions;
- Clearance from environmental authorities;
- Acquisition for public purposes;
- Issues relating to stamp duty and registration;
Lease and Project Finance.
Our firm has been associated with various projects and townships in Delhi NCR, providing advisory at various stages, including detailed Transaction Investments. We undertake a variety of assignments pertaining to drafting and vetting of standardised Loan and Financing agreements, Service agreements, Agreements relating to Escrow, Mortgage, Pledge and Lien, Hypothecation, Assignment, Security and Guarantee. Members of the firm have lead key transactions and rendered opinions on perfecting the security interests of Creditors, Identifying and establishing the priority of any encumbrances in all forms of property, whether tangible or intangible, including moveable or immoveable property, Shares and other securities, Bank accounts, Contractual rights and receivables which are to be used as collateral, Assurance as to the absence of any liens with priority to the creditor’s lien.
Members of the firm have acted as Transactional advisors in relation to various Asset Acquisitions, Consolidations and development for one of the country’s largest Venture Capital Fund. The firm regularly undertakes assignments for local compliances for Land use and Ownership, Zoning laws, Statutory clearance, Dealing with land record offices at all levels for purchase of Agricultural and Industrial properties.
Insolvency and Bankruptcy
Members of our Insolvency and Bankruptcy team provide advice and effective representation to deal with the laws and regulations governing all aspects of insolvency/bankruptcy in India. Our firm regularly undertakes assignments pertaining to insolvency proceedings and has worked on several issues pertaining to corporate insolvency proceedings, including representing the interests of both financial and operational creditors in course of an insolvency process. Members of our firm also advice and have represented various clients with respect to issues relating to winding up and related liquidation proceedings.
Members of our firm are empanelled with Banks, Financial Institutions, Public Sector Undertakings etc. and advise them on matters under the Insolvency Code in India.
Members of our Competition Law Team provide advice and effective representation to deal with the laws and regulations governing competitive conduct such as:
- Representation before the Competition Commission, NCLAT and other fora;
- Competition Compliance Programmes and Audits;
- Advisory services in all areas of Competition including Anti-Cartel proceedings, Anti-Competitive agreements, Monopolization and Dominance, Mergers, Joint Ventures, Co-Marketing, Co-Distribution arrangements, Price Fixing investigations, Sector inquiries, Product pricing, Distribution issues, impact of competition on related disciplines-intellectual Property, Trade Remedies, Franchising and Commercial law etc.;
- Structuring agreements and providing strategic counselling for testing reasonableness in business agreements particularly in the field of Licensing, cross-Licensing, Pooling, Restrictive clauses, co-Existence agreements, Collaboration, Joint Venture, Franchise, Technology Transfer, Distribution Rights, Broadcasting Rights, Co-Branding and Resource Sharing agreements, Procurement, Marketing and Distribution agreements etc.;
- Undertaking funded Research Projects, Training, Academic and Policy advisory services.
Members of our International Trade Team provide advice and effective representation to deal with the laws and regulations governing Anti-Dumping, Anti-Subsidy, Safeguard and Countervailing Duties before Directorate General of Anti-Dumping and allied duties (DGAD), Directorate General of Safeguards (DG Safeguards), Customs, Excise and Service Tax Appellate Tribunal (CESTAT), High Courts of various states and Supreme Court of India. We also provide advisory services on various facets of Trade policy and Trade law advisory in areas such as Market access, Technical barriers to trade (TBT), Trade related intellectual property rights (TRIPS), Free Trade agreements (FTA) etc. to name a few. The Firm and its members advise leading Industry Associations on various aspects of trade policy.
Our members bring on table extensive experience in all legal processes entailed in the field of Family law and have represented clients seeking advisories and representation in various litigation fora. We place immense importance in approaching personal law issues in a sensitive, sympathetic and professional manner whilst ensuring that clients receive legal advice that is clear and practical. Some of the key services that the firm routinely provides are:
- Succession planning by structuring Trusts and other applicable structures for Family owned assets with emphasis on minimising liability on key assets;
- Preparation, negotiation and vetting of documentations pertaining to arrangements for Succession and Division of assets;
- Divorce/dissolution, Separation and financial claims arising from marriage breakdown and Custody issues including issues having international element;
- Pre-Litigation Strategies including, but not limited to advising on modes of Dispute Resolution (whether through Negotiation, Conventional litigation, Mediation etc.), Choice of applicable law and all possible legal solutions to balance the conflicting interests. The firm has achieved out of court settlements in most of its cases and has procured immediate relief for clients it represents;
- Representing clients before various fora in criminal and civil proceedings arising from Domestic violence and Dowry.
Dispute Resolution and Enforcement
The Firm is able to offer multi-location litigation support to clients pertaining inters alia, to:
- General Civil and Criminal litigation;
- Original-side & Appellate Litigation before the High Courts, Supreme Court and other fora;
- General Corporate Litigation relating to Breach, Damages, Interim Reliefs including Bank Guarantees, Specific Performance of contracts, Agent-Principal liabilities, Winding-up, Suits relating to partnership Firms etc.;
- Litigation pertaining to Tenders relating to Supplies to various State departments and PSU’s;
- Entire arbitration proceedings right from the stage of Appointment/opposing appointment of arbitrators by the Court, Proceedings before the arbitrator(s) and Enforcement/Challenge to the arbitration award in court;
- Appearances before the Intellectual Property Appellate Board, Trademarks Registry, Copyright Board, Central Administrative Tribunal, Debt Recovery Tribunals and other Tribunals;
- Enforcement of IP including anti-piracy, anti-counterfeiting campaigns including customs recordal of IP;
- All aspects of banking litigation including but not limited to Consumer complaints, Securitization and Enforcement of security interest, Civil recoveries (Recovery Under Order XXXVII CPC), Criminal prosecution, Cheque dishonour punishable under Sec. 138 of Negotiable Instruments Act, Enforcing security in favour of bank to recover the outstanding amount and litigation pertaining to Banking frauds representing both debtors and creditors;
- Recovery of Non-Performing Assets (NPA) under the provisions of The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI) by assisting the Banking and Financial Institutions in taking possession and management of the secured asset with or without requiring the court’s intervention;
Mediation and negotiated settlements form an integral portion of our practice. Substantial majority of our matters have resulted in positive conclusion, based on amicable settlement, thereby avoiding protracted litigation. At any given time, our firm is involved in several mediations, including processes in court annexed mediation centers in Delhi NCR.