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Black & white

At first glance, the Competition Amendment Bill, 2022, seems to be revolutionary and innovative. However, its success will depend on the implementation of the regulations issued by the antitrust watchdog

Too much power?

How the Enforcement Directorate turned into a veritable bogeyman for India Inc

Bouncing back

Revealed: The top international law firms for India matters

Condition critical

A conflict has played out before several judicial forums over the fate of Future Retail

Indian Law Firm Awards 2022

In a celebration of hard work, ingenuity and excellence, India Business Law Journal reveals the winners of the 2022 Indian Law Firm Awards

International A-List 2022

The top 100 overseas lawyers for handing India matters

Growing a conscience

Current events dictate that ESG considerations are increasing in importance for companies as well as regulators, warns Ashutosh Senger, lead counsel at Florence Capital

Cheques and balances

The number of criminal cases filed against cheque defaulters has overwhelmed India’s judicial system. One obvious solution is to decriminalise what is often a civil dispute, but lawyers aren’t convinced that’s the answer. George W Russell reports

Devil in the e-detail

The government is keen to support the growth of online trade, but its draft e-commerce rules could have the opposite effect.

Who’s in control?

The markets regulator has begun a process to move away from the broad concept of promoter to controlling shareholders in order to better identify who’s in charge. Shivanand Pandit reports

CSRming the fightback

In-house legal teams have guided companies to understand CSR regulations during the pandemic

The rebuild

The IP division at Delhi High Court may be a harbinger of a new era, but India would do well to look further afield for examples of best-practice IP dispute resolution, argues KS Kardam, former senior joint controller of patents and designs at the Indian Patent Office

Mapping global expertise

As a wave of dealmaking showcases legal prowess around the world, we reveal the top foreign law firms for India work

No place to hide

After years of freewheeling on light taxes, a global effort is closing in on big tech to extract a pound of flesh

Putting zip in your Zoom

Communications specialist John Miers offers practical guidance for engaging positively with your virtual audience

Rupee reboot

With the central bank poised to begin the process of adopting an official digital currency, veteran finance adviser Shivanand Pandit assesses the checks and balances needed to safeguard the process

Gender in justice

Prominent women lawyers in Asia share their experiences of finding success and overcoming gender barriers on the way

Challenging tabooze

A conversation with Anand Vijay Jha, about taking on the challenging task of changing the negative social perception of alcohol among policymakers in India’s 28 states and convincing them to tax beer at a lower rate than hard liquor

Vaccinating your staff?

The government has allowed the private sector to step in and vaccinate staff. Pharma legal expert Shantanu Mukherjee and co-author Sampreetha Kumar explain how to navigate setting up a vaccination facility for your employees

Mood indigo

By Pallavi Shroff, Shardul Amarchand Mangaldas & Co
Soli Sorabjee was equally passionate about the law and jazz, but the latter harnessed his spirit

Panacea or problem?

SPACS have generated tremendous interest in India, but are these re-emerging investment tools really a practical alternative to IPOs and a panacea for reviving capital markets? And just how tightly should they be regulated?

Tread carefully with TM

By Shreekanth Katti and Harry Jose, Syngene International
Companies need to be cautious about using trademark symbols, as improper use can lead to legal hardship

Call to action

Policing the internet

The new ethics code for social networks and digital news companies raises questions of overreach, prompting legal challenges across high courts

Spiking the debt balloon

Can the government’s plans for a ‘bad bank’ balance the ledgers and deflate the bubble of non-performing assets plaguing India’s troubled financial sector?

New to the crew? Here’s what to do

Dibyajyoti Das of London Stock Exchange Group points to the critical first steps that in-house counsel should take in a new job

Axed!

IP practitioners warn of dire consequences as Intellectual Property Appellate Board gets the chop

International A-List 2021

The top 100 foreign lawyers for India-related matters

Insurance in bloom

Foreign insurers are cautiously optimistic over the decision to allow 74% FDI in the sector

Driver’s seat

The pre-pack insolvency resolution process allows corporate debtors to take the wheel and steer their way out of tricky situations, but its success will depend on how certain roadblocks are bypassed

Tax takeaways

The 2021-22 budget was a restrained exercise that prioritised tidying up tax administration, and while the tweaks may not have grabbed headlines, they are sure to have an impact

Eyes on the spies

Meant to protect companies, anti-counterfeit services agencies can create their own fair share of problems, so watch them closely

Businesses behaving badly

With a rise in corporate misdeeds, the courts and the parliament are responding by necessity to the definition and treatment of executive liability in India, writes Vikramaditya Khanna

Future legal leaders

50 up-and-coming lawyers who are making a name for themselves in the profession

Not happy

Amazon isn’t smiling about the Reliance-Future deal, arguing that it will call into question the enforcement of contracts

Secrets to success

The top 10 performance-enabling habits of India’s elite lawyers

Policy tweak

The Draft Data Centre Policy 2020 is much needed for the digital economy, but could benefit from single window clearance, economic incentives and protections against misuse of data

Cash-strapped

Lawyers are feeling the pinch as clients weighed down by the pandemic push for lower legal fees.

Reach for the sky

Blue skies await aviation sector once it flies past the current turbulence

Pulling the plug

New FDI cap on digital media leaves unanswered questions and raises concerns over its implementation

Will it work?

The government is working to implement newly codified labour laws, but how will they fare in a transformed working environment? Ragini Rastogi reports

Moving targets

With IP infringers shifting pirated content to mirror websites following takedown orders, Delhi High Court has started allowing dynamic injunctions to block new means of broadcasting the material

Profit v losses

As an elusive covid-19 vaccine draws closer, big pharma is licking its lips at the monetary potential of what could be a virtually limitless ongoing global demand. But governments may use compulsory licensing regulation to tilt the scale towards affordability as the death toll escalates

Protection in paralysis

With India’s legal enforcement machinery neutralised by lockdown, infringement activity has climbed to an all-time high. What can IP owners do to stay afloat?

Crisis point

Faced with the greatest challenge in recent memory, law firms are ripping up the rule book in their battle for survival

Billions on the line

Vodafone has won a crucial arbitration award on huge tax demands, but can the government afford to let this dispute go?

All rise

Advocates and court administrators are navigating the technology and direction of virtual courts like never before, but is enough being done to make these forums smooth and accessible?

Destination disinvestment?

Selling off public sector enterprises could be the key to strengthening a sluggish economy. Will a new privatization drive succeed where earlier attempts have failed?

Evolving doors

A reluctance to opt for litigation during the pandemic has seen new opportunities for arbitrators and other alternative dispute resolution practitioners

Greener pastures

What is the best way for a law firm to manage the exit of a star partner? Six senior lawyers share their views

Just virtually

The pandemic has pushed courts to undergo a technological evolution, but is it working?

The power of persuasion

A critical part of a lawyer’s job is being a good negotiator. It requires people skills, well-ordered priorities and a positive approach to doing business

What’s blocking the chain?

Blockchain can be a disruptive technology for the administration of smart contracts in the financial sector if some regulatory hurdles are cleared

Creative synergy

High-quality protection of intellectual property (IP) is a crucial factor for companies to succeed in today’s competitive world. An effective IP strategy built together can aid the organization to manage its IP portfolio and attain a significant portion of the earnings

Keeping competitors at bay

It is well-settled law that a non-compete obligation in an employment contract in India is unenforceable after termination of the employment. However, an acquirer in an M&A transaction can require a promoter to not compete with the business that he is selling

Surviving a ‘new normal’

India Business Law Journal teamed up with prominent arbitrator Ashok Sharma and a stellar panel of GCs to debate how in-house legal teams should rise to the unprecedented challenges facing Indian companies in a post-lockdown environment

Are you being watched?

Governments adopting trace-and-track apps to prevent the spread of the pandemic have raised questions about the ‘right balance’ between pandemic response and privacy considerations

Managing outsourcing contracts

Outsourcing companies face severe operational challenges under the pandemic and understanding the impact of the force majeure clause and the doctrine of frustration is important in determining recourse for parties.

Slowing the free fall

With the COVID-19 outbreak, the government has introduced a lockdown to limit the spread of the virus among the population, while introducing a raft of measures to protect businesses

Home and safe?

With COVID-19 forcing companies to implement work-from-home policies, Jim Fitzsimmons helps us understand the cybersecurity risks posed by a remote workforce

Pandemics unforeseen

How will the courts respond to an anticipated deluge of disputes relating to frustration of contracts in a post-COVID-19 world?

Indian Law Firm Awards 2020

In this difficult and dynamic environment, India Business Law Journal’s editorial team was once again tasked with selecting the winners of the Indian Law Firm Awards. Our decisions are based on thousands of nominations and endorsements received from in-house counsel, other senior corporate executives and legal professionals around the world, as well as hundreds of submissions from Indian law firms

Shining a light on unsafe practices

Inadequate enforcement of Indian standards has encouraged spurious manufacturers to put unsafe products on the market

At a crossroads

Recognizing homebuyers as financial creditors in the event of insolvencies is a welcome move, but the RERA remains the preferred route for recovering funds

Diversity adversity

Supreme Court Justices Dhananjaya Chandrachud and Ajay Rastogi recently passed a ruling that enables women officers to serve as army commanders. The court also granted women officers the right to extended permanent service – a privilege that previously applied only to men. While the order affords women army officers the rights they deserved long ago, it does not fix overnight the backward views and stubborn stereotypes that persist within the corridors of power, be it those in the army or elsewhere.

A new dawn

As employers wake up to the reality of COVID-19, how can they minimize risks for employees and ensure business continuity?

The International A-List 2020

Of the hundreds of lawyers around the world who claim to be India experts, which ones are leading the field? To find out, India Business Law Journal sought answers from a large number of professionals, mainly experienced lawyers at Indian law firms and India-focused in-house counsel around the world.

India unplugged

As the country grapples with the dual realities of Digital India and being the ‘internet shutdown capital of the world’, it analyses a recent Supreme Court judgment challenging blackout actions in Kashmir

Out of harmony

Clarity from the Intellectual Property Appellate Board is required to lessen tensions between music labels and broadcasters

Bridges not barriers

Membership of the Regional Comprehensive Economic Partnership would allow India to overcome its stunted trading relationship with its neighbours

Securing the family silver

Why many wealthy Indians are shifting capital overseas

Deals of the Year 2019

Revealing the most significant deals and disputes, and the lawyers who guided them

Juggling act

How conflicting interests shaped the data protection bill

Pecking order

This article explores the tensions that arise between the powers of the court in policing the implementation and proper interpretation of the Insolvency and Bankruptcy Code 2016 (code), the limits on the rights of the corporate debtor during the insolvency process, and the powers of the insolvency resolution professional (IRP) in these circumstances

Courting mediation

The Singapore Convention brings hope to businesses looking for a faster route to dispute resolution

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

In the hot seat

Baker McKenzie’s first Asian global chair discusses India, trade war and the firm’s future

Open for business

Foreign investment requirements relaxed in single brand retail and other areas

Progress against harassment

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

Law firm billing rates survey 2019

Rising fees and falling margins

Framing a future

Succession planning at India's iconic law firms

The A-List 2019

The fourth annual edition of the A-List is a continuation of India Business Law Journal’s efforts to recognize India’s most outstanding lawyers. This year, in order to acknowledge the grandees of the legal profession, as well as recognizing our regular 100 A-List of highly talented practitioners, we identify 35 legal “icons”.

A fine balance

Merging the wants of employers and employees is no easy task

State of play

Indian law firms face a daunting pace attack from big accountancy firms amid a slow-wicket economy. On top of this, in-house counsel are facing up to more work internally, leaving less for law firms.

Dial M for merger

Competition law: Assessing global TMT mergers

An Asian mosaic

Senior women lawyers across Asia share personal stories of successes, struggles and strategies for a more inclusive legal profession.

The AIs have it

AI's rise demands regulatory reboot

Rebuilding trust

Interview with MahaRERA chief Gautam Chatterjee

Pressing issue

Why India’s arbitration ambitions are a hard sell

Watch your step

Steering clear of conflicts of interest in private equity

Skipping out

Spotlight on companies skipping out employee provident fund contributions

Taking stock

Assessing the impact of GDPR a year since introduction

Wish list

What lawyers want from the new government

In a bind

A blurred demarcation between lawyers and accountants raises interesting questions about the future structure of law firms.

Tipping the balance

Is it time for India to embrace dual-class shares?

Running in circles

New advertising laws: A move away from self-regulation

Grounded

Why did Jet Airways' creditors stall on initiating bankruptcy proceedings?

Parliament in numbers

A look back at the Lok Sabha's performance in the past five years compared with the two previous terms

Weak links

Anti-counterfeiting measures in draft e-commerce policy risk slowing down online trade in India

Blowing the whistle

How HR and legal departments should work together to resolve harassment complaints

Law firm billing rates survey 2018

Hourly fees are up, but clients still call the shots

The A-List 2018

India's top 100 lawyers revealed

Fighting for control

Two regulators tussle over jurisdiction

Lending a hand

Gauging the role of social responsibility in law firms

Parliament: the monsoon session

New legislation from parliament’s monsoon session

Immoral compass?

When the patent office acts as India’s conscience

The state of India’s legal market

An assessment of the prevailing trends in the legal profession

Open market for fake goods

The current system does not create a sufficient deterrence to counterfeiters

Hitting the mark

With managing partners being primary rainmakers, are revenue targets useful for lawyers?

Caught in the firing line

How law firms and in-house teams avoid conflicts of interest

Skipping justice

What an English court's decision means for tycoons on the run

Re-setting the bar

Are law firms and companies doing enough to remove hurdles faced by women lawyers in the workplace?

Pinpointing the problem

Why some national law firms struggle to survive in Hyderabad

Management in motion

In-house counsel can make use of their feet to meet and discuss challenges with stakeholders

Locked out!

What now for foreign law firms?

True colours

Do corporate counsel associations meet the expectations of their members?

Road of Risk and Reward

Is China's Belt and Road initiative a road worth taking for India?

Indian Law Firm Awards 2017

India Business Law Journal names the outstanding law firms of 2017-18

Most Popular

Future Legal Leaders 2022

Future Legal Leaders 2022

50 up-and-coming lawyers who are poised for further success

Deals of the Year 2021-opener_img_3

Deals of the Year

The standout deals and disputes of the year, all completed in challenging times

Indian Law Firm Awards 2022

In a celebration of hard work, ingenuity and excellence, India Business Law Journal reveals the winners of the 2022 Indian Law Firm Awards

International A-List 2022

The top 100 overseas lawyers for handing India matters

Correspondents

India recording royalties issue

Royalties for recordings are a live Issue

By Abhishek Malhotra and Urjitah Srikanth, TMT Law Practice
Missed opportunity on new framework ARCs

New framework for ARCs perhaps a missed opportunity

By Sawant Singh and Aditya Bhargava, Phoenix Legal
stimulating Japan investment in India

Stronger links stimulate Japan investment in India

By Samiron Borkataky and Aatman Shukla, Kochhar & Co.

Features

India's Competition Amendment Bill 2022

Black & white

At first glance, the Competition Amendment Bill, 2022, seems to be revolutionary and innovative. However, its success will depend on the implementation of the regulations issued by the antitrust watchdog

Here comes the sun

Here comes the sun

Managing partners at law firms are more optimistic about the future than they have been in years as the negative effects of the pandemic on the economy decline

India's electric vehicle regulation

Electric dreams

As India aims for greater adoption of electric vehicles, some key challenges need to be overcome

Practitioner’s perspectives

India's pre-grant opposition process review

Time for pre-grant opposition process review

By Archana Shanker, Anand & Anand

Rising prominence of store layouts in IP disputes

By Prachi Agarwal and Mishthi Dubey, Anand & Anand
Nokia-Lenovo-dispute-All-s-well-that-ends-well-L

Nokia-Lenovo dispute: All’s well that ends well

By Pravin Anand and Vaishali Mittal, Anand and Anand

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