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Vandana Sekhri,Prachi Loona,Juris Corp

Pledge disclosures: a rule or an exception?

By Vandana Sekhri and Prachi Loona,Juris Corp
Aloan against shares (especially shares of listed companies) is a mechanism routinely adopted by lenders to provide financing. However, the adverse market conditions and falling stock prices that have prevailed since early 2008 have...
TS Sharat,Engineer,Clairvolex Knowledge Processes

Patent intelligence reports provide business insights

By TS Sharat,Clairvolex Knowledge Processes
Apatent document fully discloses the working of an invention in a particular field of technology. The technical details of more than 70% of the world’s major innovations are made publicly available through granted patents...
Priti Suri,Proprietor,PSA

Corporate governance: A paradigm shift needed

By Priti Suri,PSA
A great deal has been written about corporate governance in India since the turn of the millennium, when the nation’s economy was gaining prominence on the world stage. It became a buzzword in boardrooms...

Fitting the bill

As clients turn against hourly rate billing, LPO providers are stepping in with an innovative range of alternative fee structures. Lesley Sutherland reports Writing on his blog, Legal Process Outsourcing, industry observer Rahul Jindal doesn’t mince his words:...
Choosing your battlefield

Choosing your battlefield

Location is a critical factor in the success of dispute resolution proceedings. A wise choice of venue bodes well for the speed, quality and enforceability of the ruling. Alfred Romann reports In his masterpiece Bleak House,...

Singh swings it

But what does the election result really mean for the business of law and the law of business in India? Alfred Romann reports Compared with previous outcomes, India’s national election in mid-May was a landslide. The...
top india foreign law firm 2009

Leading from the front

Top India-focused Law Firms 2007 Top India-focused Law Firms 2008 Top India-focused Law Firms 2010 Top India-focused Law Firms 2011 Top India-focused Law Firms 2012 Top India-focused Law Firms 2013 Top India-focused Law Firms 2014 Top India-focused Law Firms 2015 Top India-focused...
Desai & Diwanji pharmaceutical Anjan Drug

Roche plea on cancer drug patent dismissed

Recently the division bench of Delhi High Court allowed domestic drug major Cipla to sell its generic version of the lung cancer drug Erlotinib, dismissing an appeal filed by F Hoffmann-La Roche (Roche) and...

Minority can be squeezed out if price is fair

In a recent judgment by Bombay High Court in the case of Sandvik Asia Limited v Bharat Kumar Padamsi and Ors, which pertained to the reduction of share capital under sections 100 to 104...

Companies cannot rely on right to privacy

In Petronet LNG Limited v Indian Petro Group & Anr, Delhi High Court was asked to decide whether the right to freedom of speech and expression overrides the right of privacy and confidentiality. Petronet LNG...
CPA crowned leading LPO

CPA crowned leading LPO

Legal process outsourcing company CPA Global has been recognized by the International Association of Outsourcing Professionals (IAOP) as one of the world’s top outsourcing providers. The IAOP’s 2009 Global Outsourcing 100 rankings placed CPA Global...
Bhullar leaves AZB for Khaitan

Bhullar leaves AZB for Khaitan

Infrastructure specialist Prabjot Singh Bhullar has left AZB & Partners to take up a partnership position in the Delhi office of Khaitan & Co. He worked with J Sagar Associates for over six years...
Business Law Journal, letter to the editor

Benefits outweigh the risks

Dear Madam, I read with interest your article (The perils of patent outsourcing, India Business Law Journal, volume 2, issue 10) on the benefits and potential risks of outsourcing patent work. While there are risks...
Waajid Siddiqui,Hewan Teshome,Hogan & Hartson

Investment opportunities in US financial services assets

By Waajid Siddiqui and Hewan Teshome,Hogan & Hartson
The Public-Private Investment Program (PPIP) that was announced on 23 March by the US Treasury Department (UST) presents significant opportunities for private investors looking to take advantage of current market uncertainty. The PPIP encourages...
Harry Chawla,Partner,Amarchand & Mangaldas & Suresh A Shroff & Co

Analysing restrictions on the transfer of shares

By Harry Chawla and Chandrasekhar Tampi,Amarchand & Mangaldas & Suresh A Shroff & Co
The issue of restriction on the transfer of shares of a company incorporated under the Companies Act, 1956, has been an area of concern for some time. While the law is fortified under the...
Priti Suri,Proprietor,PSA

Give teeth to the audit committees

By Priti Suri,PSA
The audit committee is the immune system of a corporation. It forms a key element in the corporate governance process, in the context of the financial disclosures to be made by a company. In...

Lack of protection for whistleblowers in India

India’s lack of protection for whistleblowers leaves it vulnerable to large-scale corporate fraud. Ben Frumin reports Start a discussion about whistle blowing in India and it won’t be long before Satyendra Dubey’s name comes up. Dubey was...

The perils of patent outsourcing

Innovators and law firms that outsource their patent drafting to India risk falling foul of US export regulations. Peter Ludwig explains In recent years, legal process outsourcers (LPOs) have become an integral part of the global...
Rebuilding corporate India

Rebuilding corporate India

Law firms retool as their clients restructure and refinance their operations. Alfred Romann reports Some India-focused lawyers are twiddling their thumbs these days. It’s a far cry from the same time last year, when they were...

Survival of the fittest

George W Russell investigates how Indian law firms are faring in the economic downturn India is bracing itself for a tough year. For the past few months, both the government and private sector had expected...

See you in court!

Arbitration is gaining widespread popularity on account of its speed, neutrality and confidentiality. But in certain situations, litigation remains the best option, argues Sonal Godhwani of Aditya Birla The purpose of international commercial arbitration is...
Protecting your intellectual property portfolios

Making your mark

The economic downturn must not deter rights owners from deploying smart strategies to protect and build their intellectual property portfolios. Vandana Chatlani reports John Squires, a partner and co-chair of the IP practice at Chadbourne &...

Expat salary tax to be deducted at source

The Supreme Court of India recently delivered a landmark judgment in the case of Eli Lilly (and various others) on the issue of deducting tax at source (TDS) on expatriate salaries. The decision finally...

Obama’s tax rules upset outsourcers

There is uproar in outsourcing circles after US president Barack Obama announced a proposal to tax expenditure by US companies on offshored services, beginning in 2011. The move is seen as an attempt to...
patents court

GSK, Pfizer patents rejected

Delhi Patent Office has turned down patent applications submitted by GlaxoSmithKline (for its anti-diabetic drug Avandia) and by Pfizer (for its cholesterol-lowering drug Caduet) that, if granted, would have ensured no other company could...

Pharma giants merge HIV divisions

Two of the world’s largest pharmaceutical groups have agreed to create a new, jointly controlled company to develop and sell their combined portfolios of HIV medicines. On 16 April, GlaxoSmithKline (GSK) and Pfizer announced that...
Tech Mahindra wins bid for Satyam

Tech Mahindra wins bid for Satyam

Indian IT services provider Tech Mahindra, an outsourcing group partly owned by British Telecom of the UK, has won a controlling stake in Satyam Computer Services. Satyam is India’s fourth largest outsourcing company and...
Business Law Journal, letter to the editor

Jumping on the bandwagon

Dear Madam, I read with interest the article carried in the April issue of your magazine (Protecting hidden value) on the challenges posed by the economic downturn and the comments offered by the legal fraternity. My...
India Business Law Journal

Prepare for a new era

Emerging from the downturn is just the beginning. Corporates and their legal advisers will need to raise their game or flounder. But how? With the end of the era of “easy growth” comes renewed focus...
Wayne Rogers,Advisor,Sonnenschein Nath & Rosenthal

ARRA: Stimulus for the 21st century

By Wayne Rogers,Sonnenschein Nath & Rosenthal
The American economy is in crisis. More than 3.5 million jobs were lost over the last year. Americans have not seen this level of employment decline since the end of World War II. The...
Shardul Thacker,Partner,Mulla & Mulla & Craigie Blunt & Caroe

New FDI policies create confusion in retail industry

By Shardul Thacker,Mulla & Mulla & Craigie Blunt & Caroe
India has so far not allowed any foreign direct investment (FDI) in the multi-brand retail industry, due to internal political opposition to the entry of multinational retail giants. Voices both within and outside government...
Sitesh Mukherjee,Shailendra Kumar Singh,Trilegal

Open access triumph for renewable energy projects

By Sitesh Mukherjee,Shailendra Kumar Singh and Nayantara Nag,Trilegal
In a nutshell, open access is the use of transmission lines or a distribution system by any operator for moving electricity from the point of generation to the point of use. The Electricity Act, 2003,...
Priti Suri,Proprietor,PSA

More must be done to prevent false disclosures

By Priti Suri,PSA
The statements made by a company (whether private, listed, or unlisted) in its financial disclosures form the backbone of corporate governance. These disclosures provide valuable insights into the financial health of a corporation, and...
Sonali Sharma,Suprio Bose,Juris Corp

NBFCs: Can banks still benefit from regulatory arbitrage?

By Sonali Sharma and Suprio Bose,Juris Corp
Until recently, non-banking financial companies (NBFCs) were less-stringently regulated than banks by the Reserve Bank of India (RBI), and were thus considered an arbitrage boon in disguise by the financial services sector. NBFCs became...

Protecting hidden value

With company budgets under pressure, IP owners are rethinking their protection strategies. Cutting costs in this vital domain may prove not merely a false economy but a fatal miscalculation. Vandana Chatlani reports With corporate budgets slashed,...
Bargain hunting in Europe

Bargain hunting in Europe

France’s acquirer-friendly insolvency laws make it an attractive destination for Indian corporates in search of acquisitions. François Montrelay, Ulrike Heidegger and Stéphane Béraud explain As the world’s sixth largest economy, France is an important destination for...

Picking up the pieces

Insolvency proceedings are complex and offer no guarantee that secured creditors will recoup their funds. Harry Upcott investigates the insolvency regimes in key jurisdictions and asks whether restructuring is a more attractive option Since the...

Private equity returns

Following a battering in the financial storm, private equity is once again showing signs of life. A new emphasis on risk mitigation means lawyers will play a key role in its recovery. Chris Crowe reports...

Going the distance

Foreign law firms face new hurdles in the race to build India practices. Do they have the stamina to stay the course? George W Russell reports from Bangalore With international financing severely crimped and billions of...
Rahul Shah

Command and control

Indian and international corporates can cut costs by streamlining the management of contractual relationships with their key vendors, argues Rahul Shah of Infosys In these testing times, it is imperative for international corporations to gain and maintain...

High court upholds legality of derivatives

In one of the first cases of its kind in India, it was recently held by the Madras High Court in Rajshree Sugars and Chemicals Limited v AXIS Bank Limited that derivative contracts could...

No obligation to detuct tax at source for seconded staff

The Authority for Advance Rulings (Income Tax) New Delhi (AAR) ruled on the obligation of an Indian company to deduct tax at source for payments made to a Korean company under a secondment agreement...

New measures to stimulate capital markets

On 24 February, the Securities and Exchange Board of India (SEBI) amended the SEBI (Disclosure and Investor Protection) Guidelines, 2000 (DIP guidelines), which govern initial public offerings and preferential allotments by Indian companies. While...
Decision upholds government right to 'first charge'

Decision upholds government right to ‘first charge’

In Central Bank of India v State of Kerala and Ors on 27 February, the Supreme Court of India stated that the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, (DRT...
Roche patent survives NGO challenge

Roche patent survives NGO challenge

On 30 January, the Chennai Patent Office dismissed a pre-grant opposition representation that had been filed by two NGOs opposing the patent for Roche’s drug Valcyte. Valcyte is the brand name of an antiviral drug...
IDIA

Clutch collaborates on LPO diploma

Two members of legal outsourcing provider Clutch Group have been invited to join an expert committee for the development and introduction of the first legal process outsourcing (LPO) diploma course in India. Lynee Gore, a...

Arvind Mills’ mark not in vogue

Delhi High Court recently passed an ex-parte interim injunction restraining textile manufacturer Arvind Mills from using the mark “Vogue” in conjunction with its own mark “Excalibur”. Arvind Mills, a retail chain which controls a large...

Vaccine alliance boosts Novavax

Clinical-stage biotechnology company Novavax has announced the formation of a joint venture with Cadila Pharmaceuticals of India. The alliance was formed to develop, manufacture and market pharmaceuticals, vaccines and diagnostic products in India. Cadila...
merger

Reliance seals mega-merger

Early last month a deal was signed between Reliance Industries (RIL) and Reliance Petroleum (RPL) to amalgamate the two businesses in what will be the largest merger to date in India. The merger is...

Indian banks fund Egyptian project

Allen & Overy has advised on TCI Sanmar Chemicals’ US$868 million project to create a polyvinyl chloride production facility at Port Said in Egypt. TCI is part of The Sanmar Group, a privately owned...
India Business Law Journal

How to emerge in better shape

“Whatever doesn’t kill me makes me stronger.” Now is the time for that ripe old adage to prove itself This issue of India Business Law Journal speaks powerfully to the determination, resilience, ingenuity – the...
Karan Singh,Ameya Khandge,Trilegal

Banks await final judgment on loan portfolio trading

By Karan Singh and Ameya Khandge,Trilegal
While banks are still reeling from the the recent collapse of the financial system, a recent decision from the Gujarat High Court serves an additional blow that has the potential of creating far-reaching implications...
Ravi Singhania,Sunil Kumar,Singhania & Partners

Indirect foreign investment policy in a state of flux

By Ravi Singhania and Sunil Kumar,Singhania & Partners
The Department of Industrial Promotion and Policy (DIPP) has issued fresh guidelines for foreign investments in sectors with caps, such as defence production, civil aviation, broadcasting, insurance and telecoms, which require approval from the...
Amit Aswal,Engineer,Clairvolex Knowledge Processes

Legal outsourcing to gain from financial downturn

By Amit Aswal, Clairvolex Knowledge Processes
The economic meltdown kicked off heated debates in US legal circles on exploring outsourcing options. With the fall of financial giants such as Lehman Brothers, Washington Mutual and Merrill Lynch in the US and...
Akshay Jaitly,Ameya Khandge,Trilegal

Stimulating Indian infrastructure growth

By Akshay Jaitly and Ameya Khandge,Trilegal
With the international liquidity crunch making its impact felt in India, the government and the Reserve Bank of India (RBI) have taken a series of measures, since the middle of 2008, to bolster the...
Priti Suri,Ashutosh Chandola,PSA

Drastic changes needed to implement ethical conduct

By Priti Suri and Ashutosh Chandola,PSA
The downfall of major banking and insurance corporations, motor vehicles manufacturers and other corporations in the US is a testament to the unprecedented economic crisis. India too, has started to feel the heat of...
Sonali Sharma,Freddy Daruwala,Juris Corp

Investors should seek tax advice to safeguard interests

By Sonali Sharma and Freddy Daruwala,Juris Corp
India has witnessed many inbound and outbound cross-border mergers and acquisitions, which have been financed mainly through the international capital markets through innovative structures and financing schemes. While the size of such transactions generally follows...

Rising stars, unsung heroes

Rising Stars 2017 Rising Stars 2018 Rising Stars 2019 A survey of India’s lesser-known law firms unveils a rich universe of high-quality legal solutions. Until now, clients may have been unaware of the depth and diversity of services on offer. Alfred Romann...

Deal or no deal?

The financial crisis has left dozens of India-related business deals in limbo. Alfred Romann assesses the state of play and asks whether there’s light at the end of the tunnel The December/January issue of India Business...

On with the show

The financial crisis has not brought the curtain down on India’s entertainment sector. Recent reforms have stimulated foreign investment. Opportunities beckon … Gowree Gokhale, Khushboo Baxi and Ranjana Adhikari report from Mumbai India’s media and entertainment...

Trimming the fat

As the financial crisis bites, in-house counsel are increasingly turning to legal process outsourcers to cut costs and increase efficiency. Lesley Sutherland investigates Earlier this month, Russell Smith, president of Mysore-based legal process outsourcer SDD Global...

Burying the hatchet

India and China must put their differences aside and work together to overcome the financial crisis, argues Claudia Astarita of the University of Hong Kong’s Centre of Asian Studies India was among the first countries...

Tax ruling hits foreign companies with liaison staff

In a significant ruling by the Authority for Advance Rulings (AAR) titled Singapore Tourism Board v Director of Income Tax-II (International Taxation) Delhi, it was clarified that a foreign company cannot escape its tax...
Supreme Court finds Phillips not guilty of unfair practice

Supreme Court finds Phillips not guilty of unfair practice

In M/s Phillips Medical Systems (Cleveland) Inc v M/s Indian MRI Diagnostic & Research Ltd & Anr, the construction of Section 36A of the Monopolies and Restrictive Trade Practices Act, 1969, relating to unfair...
HSA

New guidelines for calculating foreign investment in Indian companies

Following the issue of a government press release relating to the calculation of indirect foreign investment, the Ministry of Commerce and Industry has issued two new press notes on the subject. Press note 2 clarifies...

Legal Circle hires US lawyers

On 9 February, legal process outsourcing company Legal Circle announced two senior appointments. Kenneth Gunning has been appointed as vice president of operations, while Edward Turner has been appointed as the director of US operations. Gunning,...

Amarchand joins human rights study

The United Nations is promoting a collaborative study by 15 law firms from around the world to assess how national corporate law principles and practices affect human rights in 40 jurisdictions. One of the participants...

US lawyers in India ‘tech trek’

Two partners from Atlanta-based law firm Morris Manning & Martin have completed a “tech trek” in India. John Yates, chair of the firm’s technology group, and Jason D’Cruz, head of its Indus group, made...
Rohan Ghosh Roy,Juieen Nag,Trilegal

Once-lucrative FCCBs are a bitter pill to swallow

By Rohan Ghosh Roy and Juieen Nag,Trilegal
Riding on the buoyant stock markets over the last few years, Indian corporates embraced foreign currency convertible bonds (FCCBs) as a preferred financing option. Most FCCB issuers bet on equities continuing the bullish run...
Shardul Thacker,Partner,Mulla & Mulla & Craigie Blunt & Caroe

Shipping laws must be relaxed to boost maritime capabilities

By Shardul Thacker,Mulla & Mulla & Craigie Blunt & Caroe
India’s shipping policy aims to reduce the dependence of external sea borne trade on foreign shipping services. The cabotage regulations in India through the Merchant Shipping Act, 1958, have reserved coastal trade exclusively for...
Ravi Singhania,Sunil Kumar,Singhania & Partners

Service tax net may catch manufacturers outside India

By Ravi Singhania and Sunil Kumar,Singhania & Partners
Indian companies and multinational corporations (MNCs) operating in India in order to derive the benefits offered by globalization have started to get their goods manufactured outside India through contract manufacturing. A popular business model Contract manufacturing...
TS Sharat,Engineer,Clairvolex Knowledge Processes

Fighting patent trolls: predators of the IP world

By TS Sharat,Clairvolex Knowledge Processes
Corporations that invest heavily in research and development generally have greater value embodied in intangible assets (e.g. patents and other intellectual property) than in tangible ones. Industries adopt varied approaches to manage such intangible...

Publishing Indian editions of foreign news magazines

By Manoj K Singh and Daizy Chawla,Singh & Associates, Advocates and Solicitors
The government of India through its press note dated 4 December 2008, has decided to allow the publication of Indian editions of foreign magazines and periodicals in the news and current affairs category, by...
Sumes Dewan,Shradha Puri,KR Chawla & Co

Offshore deals may be taxable in India

By Sumes Dewan and Shradha Puri,KR Chawla & Co
In a recent judgment passed by Bombay High Court in Vodafone International Holdings v Union of India, writ petition no. 2550 of 2007, it was held that Vodafone was liable under section 9 of...
Priti Suri,Pooja Yadava,PSA

Strengthening the minority shareholder

By Priti Suri and Pooja Yadava,PSA
Today’s business climate has amplified more than ever the importance of reliable corporate compliance initiatives. The recent scandal of the Satyam-Maytas deal appears to be a resounding slap in the face of corporate governance...
India top law firms 2008

Indian Law Firm Awards 2008

Indian Law Firm Awards 2023 Indian Law Firm Awards 2022 Indian Law Firm Awards 2021 Indian Law Firm Awards 2020 Indian Law Firm Awards 2019 Indian Law Firm Awards 2018 Indian Law Firm Awards 2017 Indian Law Firm Awards 2016 Indian Law...

The awful truth

A billion-dollar lie at a major outsourcing company has sent shockwaves through corporate India. By Vandana Chatlani Having witnessed the panic and furore that followed one of India’s most high-profile cases of fraud, one cannot help...

Occupational hazards

In the wake of recent terrorist attacks, what measures should domestic and international corporations take to safeguard the security of their India-based people and operations? Alfred Romann reports In 2008 more than five million foreigners visited India....

The desperate search for liquidity

India is implementing regulatory changes to tackle the credit crunch. How will the moves help cash-strapped corporations restructure their debt portfolios and access new sources of funding? Karan Singh and Ameya Khandge report India escaped the...
Valerie Demont, Baker & McKenzie

Blazing a green trail

Investment opportunities beckon in India’s renewable energy sector, writes Valérie Demont of Baker & McKenzie Investors in the renewable energy sector should hail the approval of the US-India Nuclear Cooperation Approval and Nonproliferation Enhancement...

Jammed up

The credit crunch has imposed new obstacles to investment in infrastructure. Will the government’s stimulus package get things moving? Ben Frumin reports Late last year, Anuj Puri made his way to Mumbai airport in an old taxi...

Tax victory for foreign law firms

In a significant judgment on 19 December, a division bench of Bombay High Court in Clifford Chance v DCIT held that foreign law firms are not liable to pay tax in India, even if...

RBI permits FCCB buybacks

Until early this year, foreign currency convertible bonds (FCCBs) were regarded as one of the “most preferred” options for raising corporate finance. Suddenly, FCCBs have become millstones around the necks of issuing companies, with dismal...

SEBI amendments: Warranted and timely?

The Securities and Exchange Board of India (SEBI) through its amendments in December 2008 to the SEBI (Disclosure and Investor Protection) Guidelines, 2000, has permitted the introduction of certain financial instruments for companies to...
AAR wishes Ikea India a tax-free new year

AAR wishes Ikea India a tax-free new year

The Authority for Advance Rulings (AAR), in IKEA Trading (Hong Kong) v DIT, on 19 December addressed the issue of whether a liaison office of a foreign entity which facilitates the purchase of goods...

Singh & Associates to launch new LPO

Singh & Associates, a Delhi-based law firm, has announced that it is setting up a sizeable legal process outsourcing company (LPO), to be located in Dwarka in south-west Delhi. The project is being under-taken in...

Blackstone plans shakeup at CMS

Private equity firm Blackstone Group has bought a majority stake in the long-established Mumbai IT company CMS Computers for US$58 million. It plans to set up a new company by separating the IT infrastructure...

Authorities investigate misuse of Ambani funds

In December it was revealed that the Enforcement Directorate (ED) of the Indian Ministry of Finance had, since at least August 2008, been investigating possible breaches of foreign exchange controls in the use of...

Satyam reveals billion-dollar lie

In a spectacular case of fraud that sent shockwaves through India Inc and global corporations, Ramalinga Raju, founder and chairman of India’s fourth largest IT company, Satyam, disclosed that the company had falsified its...
Business Law Journal, letter to the editor

General election and credit crunch may affect reforms

Dear Madam, Your article on India’s banking and finance sector and the second phase of liberalization set to commence in April 2009 (Opening the vault, IBLJ, volume 2, issue 6) is a comprehensive overview of...
Business Law Journal, letter to the editor

A different perspective on liberalization

Dear Madam, We refer to the article Opening the vault in the December 2008/January 2009 issue of India Business Law Journal. We would like to share a different perspective on some of the issues raised: 1....
India Business Law Journal

Keep on moving

Will India-focused businesses and law firms maintain their momentum, or will a year lived in fear be a year half-lived? The new year has brought undeniable challenges, but also opportunities for those who are confident and...
Karan Singh,Ameya Khandge,Trilegal

FCCBs affected by liquidity management measures in India

By Karan Singh and Ameya Khandge,Trilegal
The bull run witnessed by the Indian stock markets over the last few years saw several companies tapping finance by issuing foreign currency convertible bonds (FCCBs). News reports estimate such issuances at almost US$20...
Ravi Singhania,Partner,Singhania & Partners

Private sector set to play growing role in insurance

By Ravi Singhania,Singhania & Partners
For nearly four and a half decades after India’s independence, the insurance sector was monopolized by the state. Life insurance was nationalized in 1956 and the Life Insurance Corporation of India was set up...
Waajid Siddiqui,Partner,Hogan & Hartson

Healthy capital cushion points to future growth

By Waajid Siddiqui,Hogan & Hartson
Any discussion of outbound investment from India must begin with the effects of the 60 hours in Mumbai last month. The psychological effect of such a devastating event and its commercial impact is all...
Akila Agrawal,Partner,Amarchand & Mangaldas & Suresh A Shroff & Co

Creeping acquisition limits raised

By Akila Agrawal,Amarchand & Mangaldas & Suresh A Shroff & Co
Pursuant to its notification dated 30 October, the Securities and Exchange Board of India (SEBI) has made amendments to the creeping acquisition limits available to the promoters of listed companies. Until recently a person...
TS Sharat,Engineer,Clairvolex Knowledge Processes

Prosecution history key to patent infringement actions

By TS Sharat,Clairvolex Knowledge Processes
As an integral aspect of patent portfolio management, big corporations and Fortune 100 companies have developed internal strategies to commercialize IP globally. Such strategies lay emphasis on the decision making phase pertaining to the filing...
Abhai Pandey,Lawyer,Lex Orbis IP Practice

Search on premises vital in software piracy cases

By Abhai Pandey,Lex Orbis IP Practice
Containing piracy is critical as it creates huge losses for owners of intellectual property and adversely affects national economies and global trade. The menace of piracy has been wrestled with to some extent, as...
Akshay Jaitly,Sameer Guha,Trilegal

3, 2, 1 … lift off for nuclear power

By Akshay Jaitly,Sameer Guha,Nayantara Nag,Trilegal
The recently concluded Indo-US nuclear deal could potentially herald a new era in India’s rapidly growing power sector. The so-called 123 Agreement between India and the US enables access to reliable and uninterrupted nuclear...

Self-regulation guidelines issued for broadcasting sector

By Manoj K Singh and Monica Das,Singh & Associates, Advocates and Solicitors
As part of a scheme to regulate broadcasting content for the public domain, the Ministry of Information & Broadcasting has issued a set of self-regulation guidelines for the broadcasting sector. The scheme is intended to...
Priti Suri,Proprietor,PSA

Corporate sector goes hi-tech with e-governance initiatives

By Priti Suri,PSA
The Registrar of Companies (ROC) is a body appointed according to the provisions of section 609 of the Companies Act, 1956. Its primary duty involves registering companies incorporated in the states and union territories...
Sonali Sharma,Suprio Bose,Juris Corp

Making microfinance commercially viable

By Sonali Sharma and Suprio Bose,Juris Corp
The Reserve Bank of India (RBI) through various policy measures has sought to promote small-ticket lending (primarily through priority sector lending stipulations). Some of these measures overlap with what is now known as microfinance. The...

Venturing out

Indian law firms have not traditionally shared the globetrotting ambitions of their British and American counterparts. Spurred on by client demand and other strategic considerations, many are now establishing offices overseas. George W Russell reports King Street, a...

Consumer products companies in India resort to comparative advertising

In their fight to gain market share, consumer products manufacturers have resorted to comparative advertising, sometimes denigrating their competitors’ products. India’s courts have taken a dim view of the practice. By Chander M Lall In today’s...

Opening the vault

India’s banking sector is on the verge of a second wave of liberalization. Coming amid a global financial crisis, how will domestic and international banks – and their legal advisers – respond to the challenge? Barney...

Deals of the Year 2008

At the end of a tumultuous year, India Business Law Journal celebrates the top transactional achievements of 2008 and the law firms that made them happen. Chris Crowe reports from London India’s transactional clout was drastically reined...

Airtel, Star TV, to pay Rs10 million for unfair trade

In a decision highlighting the business interests behind television contests that are conducted via short message service (SMS), the National Consumer Disputes Redressal Commission (NCDRC), the apex body for consumer disputes, has recently held...
Deadline for social security contributions by international workers

Deadline for social security contributions by international workers

In line with the notification issued by the Indian goverment with effect from 1 October, in which the Employees’ Provident Funds (Third Amendment) Scheme, 2008, and the Employees’ Pension (Third Amendment) Scheme, 2008, were...

Short selling: Regulator apprehension unfounded?

Short selling (the sale of a security that the seller does not own) is a long-standing market practice, yet one which has often been the subject of considerable debate in securities markets worldwide. Indian regulators...

Global companies complicate tax charges

On 5 November, the Authority for Advance Rulings (AAR) dealt with a case regarding the payment of service fees by Intertek Testing Services India (Intertek India) to Intertek Testing Management UK (Intertek UK), under...

‘Mauritius is okay’ says FIPB

The Foreign Investment Promotion Board (FIPB) has finally rejected the Department of Revenue’s reservations concerning treaty shopping, after declining foreign direct investment proposals from Mauritius for some months. The concept of treaty shopping refers to...
kwm

Addleshaw hires India veteran from Wragge

Britsh law firm Addleshaw Goddard has hired former Wragge & Co partner David Birch, who has decades of experience in helping international companies invest in India. The move is part of the firm’s new India...

New India specialist for Berwin Leighton Paisner

Berwin Leighton Paisner has recruited India specialist Azmul Haque as a senior associate in its Singapore office. Haque moves from the Singaporean law firm WongPartnership, where he was a key member of the India practice...

Hostile takeover secures Zandu for Emami

In one of the most significant hostile takeovers in Indian corporate history, Emami, a leading personal healthcare company in Kolkata, acquired 27.5% of the shares in 100-year-old Zandu Pharmaceutical Works from co-promoters, the Vaidya...

Economic woes keep law firms busy

While the global economic downturn may have hit many business sectors hard, law firms appear to be holding their heads above water, while some are even experiencing a flood of new work. In India, law...
Nuclear power approval India

Nuclear power: Approval turns all eyes to India

By Wayne Rogers,Sonnenschein Nath & Rosenthal
The ink was barely dry on the approval of an exception for India by the international Nuclear Suppliers Group, when the race to be part of the game was on. India declared the goal...
Karan Singh,Ameya Khandge,Trilegal

Credit crisis prompts further ECB relaxation

By Karan Singh and Ameya Khandge,Trilegal
In the July/August edition of India Business Law Journal, we outlined the series of recent relaxations introduced by the Reserve Bank of India (RBI) to the exchange control policy governing external commercial borrowings (ECBs)...
Shardul Thacker,Partner,Mulla & Mulla & Craigie Blunt & Caroe

Shipping and logistics crucial areas for India

By Shardul Thacker,Mulla & Mulla & Craigie Blunt & Caroe
The Indian peninsula is strategically located between cargo movements, to and from the European Middle East in the West and the Pacific Asia rim in the East. India has 7,517 kilometres of coastline studded...
Shardul Shroff,Partner,Amarchand & Mangaldas & Suresh A Shroff & Co

FCEBs – Understanding a new debt instrument

By Shardul Shroff,Dharini Mathur,Rahul Singh, Amarchand & Mangaldas & Suresh A Shroff & Co
The finance minister, in his 2007-2008 Budget speech, promised a mechanism for Indian companies to unlock a part of their holding in group companies to meet financing needs by issuing exchangeable bonds. This led...
Abhai Pandey,Lawyer,Lex Orbis IP Practice

Addressing the need to centrally regulate pharma

By Abhai Pandey,Lex Orbis IP Practice
Given the surge in research and development, amendments to the Patents Act, 1970, and the opening up of the market to foreign drug manufacturers, the pharmaceutical industry has been growing persistently. It meets around 70%...

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