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November 2019

creditors
Bharucha & Partners

Court rules committee of creditors is supreme

By Karthik Somasundram and Shreya Gupta, Bharucha & Partners
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India Business Law Journal
Leader

An invisible crisis

Societies and economies are being crippled by a lack of trust
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Looking beyond litigation for resolving disputes
Features

Courting mediation

The Singapore Convention brings hope to businesses looking for a faster route to dispute resolution
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Practitioner's Perspective

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
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Practitioner's Perspective

Multiple dimensions of mediation

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

Insolvency rules issued for financial services providers

By Sawant Singh and Aditya Bhargava, Phoenix Legal
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HIRA
Vidhii Partners

Examining validity of West Bengal’s HIRA Act

By Vikram Wadehra and Nupur Rathi, Vidhii Partners
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company
Samvad Partners

Perils of company buyback in venture capital financing

By Siddharth Seshan and Tushar Gogoi, Samvad Partners
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tribunals
J. Sagar Associates

Tribunals are here to stay, but with improvements

By Amit Kapur, J. Sagar Associates
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fraud
Bharucha & Partners

Auditor’s professional lapses not fraud

By Karthik Somasundram and Sneha Jaisingh, Bharucha & Partners
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privacy
Hammurabi & Solomon

Privacy law and its commercial implications

By Manoj Kumar, Hammurabi & Solomon
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Essar
SNG & Partners

Something for everyone in the Essar judgment

By Aniket Sawant and Arvind Nagaraj, SNG & Partners
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rising star
Intelligence report

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
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claims
Lakshmikumaran & Sridharan

Resolution of disputed claims in insolvency process

By Charanya Lakshmikumaran and Gopal Machiraju, Lakshmikumaran & Sridharan
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Spotlight

In the hot seat

Baker McKenzie’s first Asian global chair discusses India, trade war and the firm’s future
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insolvency
S&R Associates

Insolvency and related considerations for directors

By Shivaji Bhattacharya and Prateek Sharma, S&R Associates
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Investment
Spotlight

Open for business

Foreign investment requirements relaxed in single brand retail and other areas
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harassment
What’s the deal?

Progress against harassment

How courts are dealing with prosecutions of sexual harassment in the workplace
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patent
LexOrbis

Patent processes: Who carries burden of proof?

By Swati Gupta, LexOrbis
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trademark
LexOrbis

Rights ignored in optimising trademark processes

By Ruchi Sarin and Keya Joshi, LexOrbis
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encumbrance
Shardul Amarchand Mangaldas & Co

FAQs for encumbrance definition raise concerns

By Yogesh Chande and Preeti Kapany, Shardul Amarchand Mangaldas & Co
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vehicles
Sarthak Advocates & Solicitors

Are electric vehicles sparking into life at last?

By Abhishek Tripathi and Anura Gupta, Sarthak Advocates & Solicitors
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environment
HSA Advocates

EVs: Driving towards a sustainable environment

By Dipti Lavya Swain and Ketaki Dandiya, HSA Advocates
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Practitioner's Perspective

Guide to litigation strategies

By Sneha Jaisingh and Shreya Gupta, Bharucha & Partners
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FDI
L&L Partners

FDI reforms give embattled economy a shot in the arm

By Vaibhav Kakkar and Sahil Arora, L&L Partners
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tax
India Law Offices

Methods to levy indirect tax on e-commerce players

By Gautam Khurana and Mamta Saluja, India Law Offices
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leniency
Chandhiok & Mahajan

Taking a lenient approach to leniency

By Karan Chandhiok and Ruchi Khanna, Chandhiok & Mahajan
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news
Market pulse

News in Brief

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deals
Deal digest

Deals in Brief – November 2019

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partners
Market pulse

Kay Legal gives equity to 2 partners

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IndiGo
Market pulse

IndiGo GC in uncharted territory

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Hindustan
Market pulse

New GC at Hindustan Coca-Cola Beverages

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Total
Deal digest

Adani Gas sells large stake to Total

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Advent
Deal digest

Advent fully acquires lingerie brand Enamor

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IPO
Deal digest

Budweiser’s HK IPO includes Indian work

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Aakash
Deal digest

Blackstone takes stake in test prep company Aakash

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creditors
Dispute Digest

CJM can deal with applications of secured creditors

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proprietary
Dispute Digest

Sole proprietary concerns cannot file insolvency petitions

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nurse
Dispute Digest

Commercial use clarified for nurses’ residences

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Hotels
Dispute Digest

Hotels are liable for theft of guest’s vehicles

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data
Business Law Digest

RBI clarifies data localization norms

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payments
Business Law Digest

Retail payments to be first RBI sandbox grouping

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data
Business Law Digest

Committee to look into NPD governance

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board
Business Law Digest

Amended rules target board transaction powers

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tax
Business Law Digest

Tax evasion convention comes into force

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clinical forensics
Inbox

Revitalizing clinical legal education

Clinical legal education serves as the critical link between theory and practice
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exchange
Business Law Digest

Foreign exchange management rules notified

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tax
Vantage point

Take the chains off business

Recent moves to decriminalize violations of corporate and tax law are welcome
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Most Popular

Fair use doctrine in generative AI

Applying fair use doctrine to generative AI

By Ernest Luigi A Manzanares, Federis & Associates Law Offices

Applying for a VASP licence in BVI

By Gary Smith and Frost Wu, Loeb Smith Attorneys
Singapore's trade positionvideo

Right place and right time

By Chen Zhida, Helmsman 

Product-by-process claim lesson in appeal judgment

By Pravin Anand, Vaishali Mittal, and Siddhant Chamola, Anand and Anand

Market Pulse

Correspondents

New act brings telecoms up to speed

New act brings telecoms up to speed

By Ashima Obhan and Manisha Khalkho, Obhan & Associates
Supreme Court tax regime for online gaming

Supreme Court to set tax regime for online gaming

By Shankey Agrawal, and Lopamudra Mahapatra, BMR Legal
RBI financial climate risk

RBI’s draft directive for housing finance companies

By Sawant Singh and Aditya Bhargava, Phoenix Legal

Features

India-In-house-counsel-award-IBLJ-2023-2024

In-house Counsel Awards 2023-24

In-house counsel and corporate legal teams honoured by their peers for outstanding legal work. Katherine Abraham reports

Google's Service Fee

Pause

Lawyers' long work hours in India

Punching the clock

A national debate on long, grinding work hours finds most relevance in the legal profession

Practitioner’s perspectives

India’s Digital Personal Data Protection Act

Planning and implementing best-practice compliance

By Prashanth Shivadass and Shri Gayathri, Shivadass & Shivadass Law Chambers
India Data Protection key aspects

The key aspects of India’s Data Protection Act

By Cyril Abrol, Remfry & Sagar
India’s data protection goals with AI

Black list or white: Navigating India’s data protection goals with AI

By Arnav Joshi and Ashima Obhan, Obhan & Associates

Vantage point

Smita Rajmohan on implementing AI systems

First time? Don’t pAnIc!

Smita Rajmohan, a counsel at Autodesk, explains how to introduce AI into your company

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