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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

Gender-fair language in patent law

Gender-fair language in patent law – ‘they’ over ‘he’ and ‘she’

By Archana Shanker and Priya Singh, Anand and Anand
Philippines boosts IP awareness

Philippines steps up efforts to promote IP awareness, protection

By Amanda Carlota, Federis & Associates Law Office
Cayman Islands' financial security amendments

Cayman Islands: e-KYC, digital ID and remote onboarding

By Gary Smith and Elizabeth Kenny, Loeb Smith Attorneys

MCA proposal to reinstate CIRP: A critique

By Misha, Aishwarya Satija and Kritika Poddar, Shardul Amarchand Mangaldas & Co

Market Pulse

Correspondents

Jammu and Kashmir FDIvideo

Foreign direct investment in Jammu and Kashmir

Rohit Jain and Aslam Ahmed, Singhania & Co.

trademarks reversed NCLT Kolkota

Assignment of trademarks reversed by NCLT’s Kolkata bench

By Manisha Singh and Anvita Sharma, LexOrbis
Data law protects children

Flexible data law protects children from changing technology

By Ashima Obhan and Anubhav Chakravorty, Obhan & Associates

Features

The green scheme

How regulating green hydrogen will play a big role in government plans for energy independence

SEBI fixed price delisting India

Delisting Roadblock?

SEBI’s fixed-price mechanism to face challenges as the 90% delisting threshold remains for companies

Strength in numbers

National in-house counsel bodies in Asia see wisdom in joining hands with resourceful larger counterparts

Practitioner’s perspectives

harmful content to children intermediaries

Zero tolerance on inaction by intermediaries regarding content harmful to children

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

Managing founder disputes in startups

By Nitu Agarwal, YNSS Law Offices
global privacy law

Navigating global privacy laws: Best practices

By Sreenidhi Srinivasan and Mayank Takawane, Ikigai Law

Vantage point

Law firm management succession planning

Tapping innate strengths

How management professionals can strengthen support functions at law firms

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