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Priti Suri,Proprietor,PSA

Companies bill will foster better corporate governance

By Priti Suri,PSA
Passed by the Union Cabinet, the Companies Bill, 2008, has attracted substantial attention on account of its innovative changes to the mammoth Companies Act of 1956, aiming to provide a less cumbersome corporate regime...
H Jayesh,Anahita Irani,Juris Corp

Coming full circle: Novel financing structures needed

By H Jayesh and Anahita Irani,Juris Corp
Historically there have been restrictions on financing by banks. Presently, the Reserve Bank of India (RBI) has capped banks’ credit exposure limits at 15% of their capital funds, in the case of a single...

A passage to India

Denied the ability to practise law within India, international law firms have created centres of legal excellence outside the country to serve their India-focused clients George W Russell investigates where India-related deals are being done By common...

In the line of fire

Ameet Datta tells the story of a real life IP raid and explains why civil procedures are more enticing than criminal ones in the battle against pirates It is the worst kept secret in Delhi. In...

Hard labour

India’s employment laws are among the most stringent in the world. They hurt not only domestic and international businesses, but also the workers they are designed to protect Raghavendra Verma reports from New Delhi On the...

Gearing up for restructuring

As the tide of financial crisis sweeps the good times away, areas of law that were unglamorous just a few months ago are undergoing a renaissance Alfred Romann reports What started out as a financial crisis is developing...

Off with the shackles

Limited liability partnerships should be introduced swiftly to enable Indian law firms to expand and compete effectively, argues Vikrant Pachnanda of Perot Systems Proprietorships and partnerships have long characterized the Indian business landscape, offering simple procedures...

Weathering the storm

How will the global financial flux affect India-focused businesses and law firms? Ben Frumin discovers that a mood of cautious optimism prevails among most experts What began last year as a US slump sparked by...

Taxability of non-resident companies

The Authority for Advance Rulings (AAR) was faced with questions of characterizing and taxing the income of a non-resident company which leased its navigation transponder capacity to the Indian Space Research Organization (ISRO). ISRO Satellite...
Indian US companies export incentives

Indian branches of US companies denied export incentives

The Pune Bench of the Income Tax Appellate Tribunal (ITAT) recently stated that the disentitlement of specific export incentives for permanent establishments (PEs) of a US company based in India did not attract article...
SEBI takeover code acquisition limit

Amendments to SEBI takeover code to extend acquisition limit

With the stock market plummeting and stocks of even fundamentally strong blue chip companies sinking, the Securities and Exchange Board of India (SEBI) has relaxed the SEBI (Substantial Acquisition of Shares and Takeovers) Regulations,...

Africa attracts Indian investment

Africa is proving an increasingly attractive market for Indian companies, with one of the country’s top businessmen, Mukesh Ambani, entering the hotel and shopping mall development sectors on the continent. Ambani, through the Kenyan-registered Delta...
Facebook game Scrabulous

Fresh hope for Scrabulous brothers

The legal battle over the Facebook game Scrabulous took a new turn in October after a court in New Delhi ruled that the Scrabble game itself is not protected by copyright. Under the Delhi High...
ic2-launches-india-fund

ic2 launches India fund

The Delhi- and London-based private equity firm ic2 Capital in October launched a US$250 million dedicated India fund to provide growth capital to mid-cap companies. The former head of law firm Ashurst’s India practice, Anmol...
Datta bids farewell to Anand

Datta bids farewell to Anand

Intellectual property, media and entertainment specialist Ameet Datta has left the law firm of Anand and Anand, at which he had been a partner since April 2005. Joining him in the move are two...
Skadden advises Nomura on Lehman purchase

Skadden advises Nomura on Lehman purchase

Skadden has been representing Nomura Holdings in its agreement with certain subsidiaries of Lehman Brothers to acquire all the share capital of Lehman Brothers Services India, Lehman Brothers Financial Services (India) and Lehman Brothers...
India Business Law Journal

Anatomy of a crisis

The complex aftershocks of the West’s financial emergency may be both blessing and curse for India. Proceed with caution This issue of India Business Law Journal maintains our focus on how law firms and their...
Ravi Singhania,Partner,Singhania & Partners

The changing regulatory mechanics of M&A

By Ravi Singhania, Singhania & Partners
Mergers and Amalgamations (M&A) are regulated through the provisions of the Companies Act, 1956, the Foreign Exchange Management Act, 1999, and the Income Tax Act, (ITA) 1961. Regulations have also been issued by the...
Shardul Shroff,Partner,Amarchand & Mangaldas & Suresh A Shroff & Co

New Companies Bill to simplify business regulations

By Shardul Shroff, Amarchand & Mangaldas & Suresh A Shroff & Co
The Indian Companies Act, 1956, provides the legal framework for corporate entities in India. Essentially based on UK company law, the Indian Companies Act, 1956, has seldom seen any far reaching changes since its...
Abhai Pandey,Lawyer,Lex Orbis IP Practice

Trade secrets: protecting commercial interests

By Abhai Pandey,Lex Orbis IP Practice
Intellectual property has always been closely tied to technology. New inventions in the field of science and technology are protected through intellectual property rights, which in turn encourages research and development. The ability to...
public-private road projects

Potholes discovered in public-private road projects

By Akshay Jaitly,Dinesh Pardasani and Mrinal Ojha,Trilegal
While the National Highways Authority of India (NHAI) is aiming for better road infrastructure in India through the public-private partnership (PPP) route, the process for the appointment of private partners has recently developed potholes. In...
Technology convergence drives internet broadcasting

Technology convergence drives internet broadcasting

By Manoj K Singh and Daizy Chawla, Singh & Associates, Advocates and Solicitors
The Government of India, Ministry of Information and Broadcasting on 9 September granted permission for the operation of Internet Protocol Television (IPTV). The detailed guidelines relevant in this regard have been issued by the...
Gautam Khaitan,Partner,OP Khaitan & Co

FDI in print media promises readers more variety

By Gautam Khaitan,OP Khaitan & Co
The Indian press is undergoing continued liberalization following the government’s decision in 2002 to allow foreign direct investment (FDI) in print media. The decision to permit 26% FDI came with several conditions aimed at...
Sumes Dewan,Shradha Puri,KR Chawla & Co

Careful structuring reduces tax on foreign companies

By Sumes Dewan and Shradha Puri, KR Chawla & Co
The Authority for Advance Rulings (AAR), in the matter of Geoconsult ZT, recently passed a judgment stating that a joint venture consortium between a foreign company and Indian companies could be treated as an...
Priti Suri,Proprietor,PSA

Corporate criminal liability: the long road ahead

By Priti Suri,PSA
The role of corporations in the national or global economy cannot be undermined. The shift in economic superiority, no longer confined to Western nations, has impacted upon the structures and roles that corporations are...
India Authority for Advance Rulings AAR e-commerce transactions Rulings AAR e-commerce transactions

Raising finances against receivables

By H Jayesh, Harsha Punjabi, and Maymoona Mandviwala, Juris Corp
One of the means of raising finances is by the absolute assignment of receivables (along with underlying securities) from an obligor to an assignor or originator, that are structured as bankruptcy remote from the...

India Business Law Journal – 2008 Billing rates survey

India law firm billing rates 2009 India law firm billing rates 2010 India law firm billing rates 2011 India law firm billing rates 2012 India law firm billing rates 2013 India law firm billing rates 2014 India law firm billing...

Back to school

India’s US$40 billion education market is experiencing a surge in investment. Capital, both local and international, and innovative legal structures are changing the face of this once-staid sector By Seema Jhingan and Dimpy Mohanty The liberalization of India’s...
Raising the bar for M&A

Raising the bar for M&A

2008 is proving a landmark year for competition legislation. India, China and others are introducing new regulatory constraints on local and international M&A deals Alfred Romann reports from Hong Kong When Coca-Cola announced in early September its...
Surviving the talent crunch

Surviving the talent crunch

Indian lawyers are in demand like never before. Foreign law firms and LPOs have entered the race to snap up the best candidates. How can local practices and in-house legal teams withstand the onslaught? Raghavendra...

Down but not out

Despite the financial turmoil, New York shines as an international centre for India legal work. Leading lawyers talk to India Business Law Journal about the Big Apple’s challenge to London’s preeminence By Ben Frumin in New York The...

Putting the house in order

The global financial crisis will expose cracks in India’s corporate governance standards, argues Jamie Allen of the Asian Corporate Governance Association India’s corporate governance standards, like those in many other Asian markets, have improved significantly over the...
employee rights M&A deals

High court rules on employee rights in M&A deals

In a landmark judgment, the High Court of Gujarat in IPCL Employees Association v India Petrochemical Corporation Ltd interpreted sections 391 to 394 of the Companies Act, 1956, read in conjunction with section 25FF...
India TATA Sick Industrial Companies Act

Tata case sets precedent for sick companies

The interpretation of the provisions of the Sick Industrial Companies (Special Provisions) Act, 1984, (SICA) and the Companies Act, 1956, recently arose before the Supreme Court of India in Tata Motors Ltd v Pharmaceutical...
SEBI securities

SEBI redraws securities guidelines

On 28 August, SEBI amended the SEBI (Disclosure and Investor Protection) Guidelines, 2000. For public issues, securities which have been acquired by shareholders or promoters during the preceding year, pursuant to a restructuring scheme approved...
IDR lock-in period lifted

IDR lock-in period may be lifted

The Ministry of Corporate Affairs has proposed lifting the one year lock-in period on the conversion or redemption of Indian Depository Receipts (IDRs). Current regulations prohibit investors from converting IDRs into equity shares of the...

New pricing norms for QIPs, ADRs and GDRs

In a press release dated 13 August, the Securities and Exchange Board of India (SEBI) introduced new pricing norms for qualified institutional placements (QIPs). Prior to the amendment, the price of securities listed through QIPs...
three-note yahoo yodel

Yahoo’s yodel safe and sound in India

The Delhi branch of India’s Trade Marks Registry has granted Yahoo a “sound mark” to protect its three-note yahoo yodel. The company’s yodel is also registered as a sound mark with the US Patent Office. This...
ArcelorMittal

China thwarts ArcelorMittal deal

Steel giant ArcelorMittal has hit a major hurdle in China. The company’s global expansion plans have been curbed by Chinese officials, who have refused to approve its bid to take over China Oriental, a...
McCarter & English

Boston firm boosts India team

Boston-based law firm McCarter & English has hired Gaytri Kachroo, a specialist in cross-border deals with India, as a partner. Previously with Burns & Levinson in Boston, Kachroo counsels large and small public and private...

Linklaters ties up with former CCI chairman

Leading competition and antitrust lawyer Vinod Dhall has tied up with Linklaters in a bid by the UK firm to boost its services to international companies dealing with India’s new competition regime. Linklaters has entered...

Khaitan poaches India head and senior associate from Ashurst

In a move that has bucked the trend of international law firms recruiting Indian lawyers and taking them out of the country, Khaitan & Co has hired two senior lawyers from the London office...
Business Law Journal, letter to the editor

Don’t underestimate the risks

Dear Sir, I read with great interest the Intelligence report in your September 2008 issue on India’s outsourcing sector. As the article highlighted, the outsourcing industry, both in India and around the globe, is experiencing...
India Business Law Journal

Crisis? What crisis?

It’s the year of living dangerously. And no time for schadenfreude and crowing over the mistakes of others. A falling tide lowers all boats Lax oversight and uneven enforcement are hardly the sole prerogative of...
Retail Boom Impact on Logistics

Retail boom ignites demand for improved logistics

By Shardul Thacker, Mulla & Mulla & Craigie Blunt & Caroe
The Indian retail sector can be broadly classified into organized and unorganized retail. The former has only just taken off with the advent of professionally managed departmental stores and malls, however, the bulk of...
Contract mergers Aiding corporate efficiency

Contract mergers: Aiding corporate efficiency

By Shardul Shroff, Amarchand & Mangaldas & Suresh A Shroff & Co
I n India, the process of mergers is court driven. While the process may be initiated through common agreements or a “scheme” between amalgamating parties, the legal cover is provided only upon the sanction of...
Bollywood Impact Hollywood

Hollywood’s reliance on Bollywood signals a shift

By Wayne Rogers, Sonnenschein Nath & Rosenthal
Bollywood drew its name from its US west coast predecessor but in another twist in the global business world it will be Bollywood staking Hollywood. By time this article goes to print Anil Ambani...
IDRs Cross-Border Investment Instrument Indian Stock Exchanges

Indian depository receipts: An attractive proposition?

By Amit Tambe and Namrata Sinha, Trilegal
Indian depository receipts (IDRs) are similar to American depository receipts (ADRs) and Global depository receipts (GDRs) with the exception that IDRs are issued by companies incorporated outside India and listed and traded on Indian...
USPTO Charges Indian Service Providers

USPTO highlights need for strict compliance

By Dr Sushil Kumar, Clairvolex Knowledge Processes
A notice from the US Patent and Trademark Office (USPTO), administratively governed by the Department of Commerce, has recently charged up the Indian service provider community vending to patent offshore outsourcing. The notice states...
Tourism boosted by FDI

A passage to India: Tourism boosted by FDI

By Gautam Khaitan,OP Khaitan & Co
Economic liberalization has given new impetus to the hospitality industry with the Government of India permitting 100% foreign direct investment (FDI) in hotels and the tourism sector under the automatic route. FDI and technical collaboration...
High costs careless drafting clauses

High costs for careless drafting of clauses

By Krrishan Singhania, Singhania & Co
For the benefit of foreign investors, we would like to draw attention to a recent judgment in the case of Venture Global Engineering v Satyam Computer Services Ltd & Anr by the Supreme Court...
Singapore India-focused investors

Singapore seduces India-focused investors

By Sumes Dewan and Shradha Puri, KR Chawla & Co
For many years, Mauritius has been considered a tax-favoured destination for foreign direct investment in India, because of benefits, such as exemptions from capital gains, it provides to investors. Although the routing of investments through...
Investors emerging market corporate governance

Investors seek improved corporate governance

By Priti Suri and Neeraj Dubey, PSA
In an emerging market like India, investors require the assurance that the companies in which they are investing are managing their human, physical and financial resources aptly, while also employing appropriate corporate governance. Corporate...
India Business Law Journal

Getting one’s act together

From capital-raising to outsourcing, the nation’s leading lawyers and top international India practice groups are honing their skills to meet new business challenges and stay ahead of the pack The harsh winds of economic obsolescence...
Outsourcing sector transformation strategic knowledge partner

Outsourcing comes of age

An industry that revolutionized global business is distancing itself from its humble beginnings. Alfred Romann investigates the transformation of India’s outsourcing sector from cheap labour provider to strategic knowledge partner It is ancient history by...
Companies Act revision corporate governance

A call to action

A comprehensive revision of India’s Companies Act has been anticipated for decades. Bhawna Gulati of Reliance Industries evaluates one of the proposals to streamline the law and argues that urgent measures should be taken...
corporate citizenship financial legal implications

The cost of behaving badly

Accusations of corporate irresponsibility can be extremely damaging. What steps can businesses take to ensure good corporate citizenship in India and what are the legal and financial consequences if they fail? Ben Frumin reports Coca-Cola’s...
frivolous public interest litigations

Abusing the public interest

The Indian judiciary is trying to tackle the problem of frivolous public interest litigations that are flooding the country’s overburdened courts and threatening the legitimate activities of domestic and international businesses Raghavendra Verma reports from...
Legislative and Regulatory Update September 2009

Legislative and regulatory update – September 2008

Taxation The Income Tax Appellate Tribunal (Mumbai Bench) recently announced a significant development in the law relating to transfer pricing regulations. The tribunal stated that a default by non-residents relating to Indian transfer pricing regulations...
India's capital markets private equity

Staying liquid

India’s once-vibrant capital markets have dried up. With the help of local and international lawyers, private equity is stepping into this financial desert to quench the corporate thirst for funds George W Russell reports from...
Basmati rice fails bid for GI status

Basmati rice fails in bid for GI status

Abid by an Indian heritage foundation to patent basmati rice on the basis of geographical indication (GI) status was rejected in July. V Ravi, the controller general of patents, designs and trademarks and a seven-member...
Coke Pepsi legal battle India

Legal hurdles loom for Coke and Pepsi

Soft-drink makers Coca-Cola and Pepsi, among others, could face yet another legal battle in India if a study of their beverages reveals they contain any harmful substances. In July, the Supreme Court asked the Indian...
Offshore referral fees tax free

Offshore referral fees to be tax free

In a move expected to boost crossborder business, the Authority for Advance Rulings (AAR) said in July that “referral fees” paid to overseas clients will not be subject to taxes in India. The AAR set...
FoxMandal new office Kochi

FoxMandal opens office in Kochi

In August, FoxMandal Little, one of India’s largest law firms, opened a new office in Kochi, in the southern state of Kerala. The new office, the firm’s 10th in India, is situated close to...
Ravi Singhania,Managing partner,Singhania & Partners

India’s telecom network takes a paradigm stride

By Ravi Singhania and Rudra Srivastava, Singhania & Partners
The Indian telecom network is the eighth largest in the world and the second largest among emerging economies. The sector has undergone a crucial metamorphosis with significant policy reforms. Telecommunications is driving growth at a...
Priti Suri,Safeena Mendiratta,PSA Legal Counsellors

Code of conduct for company directors

By Priti Suri and Safeena Mendiratta,PSA Legal Counsellors
An appointment to the board of dynamic Indian companies is not an enviable function. It comes with great responsibility and significant duties while exercising powers on behalf of the company. Directors’ duties can be placed...
Gautam Khaitan,Partner,OP Khaitan & Co

Rationalizing FDI policy for petroleum and gas

By Gautam Khaitan,OP Khaitan & Co
The Indian oil and gas sector is one of India’s core industries and has a very significant contribution towards the country’s economy. In the recent past, it has been observed that the consumption of...

Prescription for success?

The Daiichi-Ranbaxy deal has the bucked the trend of Indian buyers snapping up foreign targets. Raghavendra Verma investigates the intricacies of the transaction and examines the legal hurdles that faced both companies and their lawyers Following...

Rewriting legal history

India has a predilection for passing retroactive legislation, particularly relating to tax. Sanjeev Kapoor shares his insights on the business risks and compliance issues arising from laws that go back in time The Supreme Court of India...

India’s Robin Hood?

Cipla’s chairman Dr Yusuf Hamied talks to India Business Law Journal about the country’s intellectual property regime, the lack of specialization in the legal profession and his battle against ‘Big Pharma’ to provide cheap drugs to...

Stopping the rot

Ben Frumin examines how the vicious cycle of poor remuneration, judicial delays and lack of accountability has bred corruption in the legal establishment, and asks how it can be defeated … and by whom The...

Corporate wind-ups

The Supreme Court of India decided in a recent case that in the context of company law, the winding-up of a body corporate is not equivalent to the death of a member. It was held...
TDM Infrastructure Pvt Ltd v UE Development Indian Pvt Ltd & Ors international commercial arbitration

Arbitration

In a landmark decision with significant implications for international commercial arbitration, the Supreme Court of India in TDM Infrastructure Pvt Ltd v UE Development Indian Pvt Ltd & Ors, decided on 14 May, while...

Regulatory developments

Provident funds On 5 June, the Central Board of Trustees of the Employees’ Provident Fund Organisation (EPFO) approved the lowering of the threshold limit for the applicability of establishments covered under the Employees Provident Fund...
Indian firms AIM downturn

Indian firms may benefit from AIM downturn

More than two-thirds of participants in law firm LG’s annual AIM conference in June in London expect Indian financial services firms will take advantage of the downturn in market activity by acquiring London-based nominated...
Baker & McKenzie Indian legal market

Baker & McKenzie reveals ‘India dreams’

Baker & McKenzie sought to raise its profile in the Indian legal market in July with two events for clients and fellow lawyers. On 2 July, the firm hosted a seminar called “Indian Outbound Investment:...

Daiichi takes a dose of Indian medicine

Japan’s Daiichi Sankyo is set to buy a majority stake in Ranbaxy Laboratories, India’s largest pharmaceutical company. In June, the companies announced a binding share purchase and share subscription agreement between Daiichi Sankyo, Ranbaxy and...
Reliance-MTN deal

Family row thwarts Reliance-MTN deal

A family row has been blamed for the breakdown of M&A talks between one of India’s largest companies, Reliance Communications, and South Africa’s telecommunications giant MTN. Talks of a tie-up were called off on 18...
Priti Suri,Proprietor,PSA

Code of conduct for directors duties

By Priti Suri,PSA
An appointment to the board of dynamic Indian companies is not an enviable function. It comes with great responsibility and significant duties while exercising powers on behalf of the company. Directors’ duties can be placed...
Correspondents-Gautam-Khaitan-lawyer-law-firms

Rationalizing FDI policy for petroleum and gas

By Gautam Khaitan, OP Khaitan & Co
The Indian oil and gas sector is one of India’s core industries and has a very significant contribution towards the country’s economy. In the recent past, it has been observed that the consumption of...
Ravi Singahania,Singhania & Partners

India’s telecom network makes a paradigm shift

By Ravi Singahania, Singhania & Partners
The Indian telecom network is the eighth largest in the world and the second-largest among emerging economies. The sector has undergone a crucial metamorphosis with significant policy reforms. Telecommunications is driving growth at a feverish pace....
Shardul Thacker,Partner,Mulla & Mulla & Craigie Blunt & Caroe

Integrating and optimizing logistics activities

By Shardul Thacker, Mulla & Mulla & Craigie Blunt & Caroe
Supply chain management (SCM) encompasses the planning and management of all activities, involved in sourcing, procurement, and conversion; and all logistics management activities which means having the right thing, at the right place, at...
Ameya Khandge and Arun Madhu,Trilegal

ECBs relaxed to enhance revenue routes

By Sawant Singh, Ameya Khandge and Arun Madhu, Trilegal
Over the last few months, the Reserve Bank of India (RBI) has introduced key relaxations to the exchange control policy governing external commercial borrowings (ECBs) raised by Indian entities. ECBs have emerged as an...
Wayne Rogers, Sonnenschein Nath & Rosenthal LLP,

US-India nuclear pact: Done deal or cracked egg?

By Wayne Rogers,Sonnenschein Nath & Rosenthal
US-India business relations have been increasing at breakneck speed. The emphasis within the US business community on creating ties with India is remarkable. Indra Nooyi, chairman and CEO of PepsiCo (and Fortune magazine’s Most...
Business Law Journal, letter to the editor

Wait and watch

Dear Editor, The saga of uncertainty over the revision of India’s tax treaties with Mauritius and Cyprus continues with the result that investors have resorted to a “wait and watch” policy. Although adoption of this...
Business Law Journal, letter to the editor

Liberalization is essential

Dear Editor, Deregulation will be essential to the continuing development and growth of the Indian legal profession, and for India to realize its aspiration of becoming one of the major global financial centres. While we can...
Shardul Thacker, Mulla & Mulla & Craigie Blunt & Caroe

Shipping policies relaxed to boost logistics

By Shardul Thacker,Mulla & Mulla & Craigie Blunt & Caroe
India’s 7,517km long coastline is nature’s gift for major shipping activity. Several deep harbours comprising 12 major and 185 minor or intermediate ports, manage the coastal transportation of various cargo through low-cost conventional transportation....
Meeting between Australian firm and Indian's commerce minister

Australian firm hosts India’s commerce minister

Commerce minister Kamal Nath said India is getting ready to become a global leader. Speaking at an Australia-India Business Council lunch hosted by Australian law firm Middletons, Nath predicted that India will “have the...
Ravi Singhania, Singhania & Partners

Balanced policies propel pharma sector growth

By Ravi Singhania,Singhania & Partners
The pharmaceutical industry in India, with its rich scientific talent pool, low costs of production, research and development (R&D), and an increasing balance of trade and research capabilities, supported by an intellectual property protection...
Dr.Sushil Kumar,Vice-president,Clairvolex

Rigorous planning essential for effective patent search

By Sushil Kumar,Clairvolex
A “patent search”, as the term suggests, is the exploration for literature, patented or otherwise, on the technical information of an invention with respect to the patent in question. A patent search is thus concerned...
Abhai Pandey,Lawyer,Lex Orbis

Differential pricing: Reconciling IP rights

By Abhai Pandey,Lex Orbis
The after-effects of the decision allowing Cipla to continue with the manufacture and sale of the patented drug “Tarceva” of Roche, has led big pharma to resort to differential pricing. Roche had filed an infringement...
Priti Suri,Safeena Mendiratta,PSA

Towards affirmative boardrooms

By Priti Suri and Safeena Mendiratta,PSA
Accountability, fairness, transparency and independence are the cardinal principles of corporate governance, which has become the buzzword because of the inflow of foreign investments into India. To alleviate the concerns of foreign investors about efficient...
Legal outsourcing challenged in US court

Outsourcing challenged in US court

A partner at a US law firm has filed a suit in the US district court for the district of Columbia to prevent the outsourcing of privileged client data. Joseph Hennessey of Newman McIntosh &...
Legislative and regulatory update in India

Legislative and regulatory update – June 2008

Real estate In a move to offer retail investors greater opportunities to profit from the increase in Indian property prices, the Securities and Exchange Board of India (SEBI) amended its mutual funds regulations on 16...
Investment Market

Indian AIM listings falter

Enthusiasm among Indian companies to list on London’s Alternative Investment Market (AIM) appears to be slipping. Two Indian companies recently said they would delay their listings until market conditions improve. Law firms have also noticed an...
expansion of Integreon in Mumbai

Integreon expands in Mumbai

British outsourcing firm Integreon is planning to expand its legal processing outsourcing (LPO) operations in India, says John Croft, the company’s president of global sales and marketing. Integreon provides research, litigation support, legal documentation and...
Money laundering laws

Money laundering laws in a spin

Widely welcomed measures to tackle the clandestine transfer of funds have been undermined by infighting over the allocation of adjudicating powers Raghavendra Verma reports from New Delhi In January 2007 a raid on Pune-based businessman Hassan...
The dawn of Islamic finance

The dawn of Islamic finance

Simple regulatory changes could transform India into a regional hub for shariah-compliant finance and clear the way for a much-needed wave of investment into its infrastructure, explains Ben Frumin India need only look across the...
a specialist shipping firm of LEX Nexus

LEX Nexus charts new waters

Indian law firm LEX Nexus has re-launched itself as a specialist shipping firm. Established in 1998, the firm restructured in December 2007 to focus on projects and shipping. Following the latest change announced in May,...
Legal proceedings between Vodafone and AWBI

Vodafone in the dog house over pug ad

Telecom provider Vodafone has come under fire in India for an advert featuring a pug chasing a bus to deliver a tie to its owner. The Animal Welfare Board of India (AWBI) sent a legal...
Sawant Singh,Ameya Khandge,Arun Madhu,Trilegal

Derivatives fiasco: Companies blame misinformation

By Sawant Singh, Ameya Khandge and Arun Madhu,Trilegal
Open any financial daily from the past few months and chances are you will see a news report or editorial on litigation concerning foreign exchange and currency linked derivative contracts between banks and companies. While...
Priti Suri and Sunaina Kapoor, PSA

Mezzanine funding combines debt and equity

By Priti Suri and Sunaina Kapoor,PSA
In the recent past, private equity investors have flooded Indian businesses looking for value. An increasing demand for funds by companies has compelled private equity investors to look beyond traditional sources of funding such as...
Wayne Rogers,Senior adviser,Sonnenschein Nath & Rosenthal

Offshore M&A: Could Indian buyers set the standard?

By Wayne Rogers, Sonnenschein Nath & Rosenthal
The wave of international mergers and acquisitions has continued unabated, however, a new trend may be emerging: the Indian buyer as the preferred international acquirer. Internationally, private equity funds abound. There are over 200 funds...
Baljit Singh Kalha and Nishant Malhotra, Titus & Co

IP assets may be more valuable than physical ones

By Baljit Singh Kalha and Nishant Malhotra, Titus & Co
The importance of a company’s intellectual property (IP) assets such as trademarks, copyrights, patents, trade secrets, designs, geographical indications and internet domain names, has grown immensely over the past decade. IP assets are the foundation...
Savi Gupta,Lawyer,Clairvolex Knowledge Processes

Changes in the profession should expand outsourcing

By Savi Gupta,Clairvolex
A recent survey of leading law firms in the UK and US by UK-based princeOMC and Legal Business indicates the direction in which legal outsourcing is currently heading. Judging by the results, there is no...
Shardul Thacker,Partner,Mulla&Mulla&Craigie Blunt&Caroe

Free trade and warehousing zones offer myriad benefits

By Shardul Thacker,Mulla & Mulla & Craigie Blunt & Caroe
One of the prerequisites of providing total integrated logistics solutions is well equipped warehousing. The necessity to store perishable goods generates a need for convenient and ample warehousing. The management of warehouses is crucial for...
Gautam Khaitan,Partner,OP Khaitan & Co

Revised guidelines clarify telecoms investment policy

By Gautam Khaitan,OP Khaitan & Co
The telecom sector in India has shown impressive growth over the past decade. Observers charting the country’s progress in the sector have found that India has the fastest growth in the number of telecom...
A feature image of the article about best foreign law firms in India on VantageAsia

Jewels in the crown

Top India-focused Law Firms 2007 Top India-focused Law Firms 2009 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...
Money laundering laws in a spin

Money laundering laws in a spin

Widely welcomed measures to tackle the clandestine transfer of funds have been undermined by infighting over the allocation of adjudicating powers. Raghavendra Verma reports from New Delhi In January 2007 a raid on Pune-based businessman...
judicial system in India's court

Inside India’s courts

Alfred Romann investigates the functioning of the judicial system and speaks to Ashok Desai, Soli Sorabjee and others about improvements that have been made and the challenges that lie ahead The physical structure of the...
India Business Law Journal

Striking a fine balance

The economic doldrums of the developed world have served to highlight India’s strengths and attractions as both a recipient and an exporter of capital To make the most of the opportunities, the crucial components of...

The changing face of M&A

The international liquidity crisis and the growing financial muscle of Indian corporations have changed the nature of mergers and acquisitions Alfred Romann explains Holcim purchased a controlling stake in Gujarat Ambuja Cement. Hindalco Industries, part of...
Business Law Journal, letter to the editor

The boom is here to stay

Dear Sir, In India, real estate and gold have traditionally been the favoured investment choices. Investment in real estate gives both status and the advantage of capital appreciation. Rarely have real estate prices dipped substantially. The...
Business Law Journal, letter to the editor

Good times ahead

Dear Sir, I must compliment India Business Law Journal on its coverage of the Indian real estate sector (April 2008). Indeed, India’s real estate market is currently a cynosure to all foreign investors and will...
world puzzle

Indian lawyers: The world awaits you!

India’s law firms should broaden their horizons by internationalizing their practices, argues Stuart Popham, the senior partner at Clifford Chance Over the last decade, India has become a world trading power. The country’s impact on...
Arbitration between IMAX and E-City Entertainment

Arbitration hits the big screen

The outcome of IMAX’s dispute with E-City Entertainment may be a defining moment in the emergence of arbitration as a viable and enforceable alternative to litigation Alfred Romann explains A large silver dome in downtown Toronto,...
investors in Mauritius

Paradise lost

Is India about to renegotiate its tax treaties with Cyprus and Mauritius? What will happen to prospective and existing foreign investors if it does? Ben Frumin investigates The Indian Ocean island nation of Mauritius may be...
telecom tower

Legislative and regulatory update – May 2008

Telecoms The Department of Telecom-munications accepted a recommendation on 1 April from the Telecom Regulatory Authority of India, which will allow telecoms service providers and infrastructure providers to share active infrastructure such as antennas, cables,...
land dispute of Tata Motors

Tata Motors in court over land dispute

Tata Motors was in India’s Supreme Court in April to hear a petition on the long-running dispute over the acquisition of land at Singur in West Bengal. Tata builds the world’s cheapest car, the...
Linklaters promotes India specialist

Linklaters promotes India specialist

Linklaters raised 28 lawyers to partnership level in May, with 21 new partners based in London and three in Asia. Among the Asia-based partners are Kunal Thakore, a corporate/M&A specialist and a key member...

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