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Mergers & Acquisitions and Joint Ventures

India is an attractive investment destination. In the last few years, India has witnessed tremendous growth in certain sectors. Apart from being a hub for cost effective skilled man power, India offers a vast internal market. Hence, it is evident that India has a lot to offer to anyone looking to do business in India.

Increase in global business and commerce have given joint ventures a new dimension. Joint ventures beyond geographical boundaries are alliances to share opportunity, resources and deliver cutting edge performance.

The firm is recognized for delivering excellent legal strategies and commercially viable advice within prescribed timelines.

Cross-border work is where the team specializes and majority of the transactions have a multi-jurisdictional focus.

The services include:

  • Drafting and negotiating the term sheet;
  • Legal Due Diligence;
  • Structuring of the transactions;
  • Drafting and negotiations of the transaction documents including but not limited to Shareholders’ Agreement, Share Subscription Agreement, Share Purchase Agreement, Non-Compete Agreement, Employment Agreement etc.;
  • Assistance in regulatory compliance and approvals;
  • Assistance in completion of conditions precedent, if any,
  • Closing;
  • Assistance in post-closing compliances.

Corporate Restructuring and Insolvency

Ever since its inception, the firm is widely acknowledged as the leader in Corporate Restructuring and Insolvency practice in India.

Our highly qualified, innovative and experienced team includes lawyers, chartered accountants, MBAs and Engineers. The firm understands that there are situations when a distressed business can be rescued, rehabilitated or reorganized to enhance value. The firm therefore works together with clients, whether debtors in default or creditors to identify, in order to adopt and implement the best solution.

The firm’s restructuring and insolvency team helps maximize recovery, protect business or investment, preserve critical relationships and minimize write offs. However, if a client’s distressed situation is not resolved through a recovery platform, then we further work to formulate strategies which can guide the clients through the process of insolvency.

The firm has handled matters across multiple industries including media, entertainment, transportation, manufacturing, energy and real estate. We have advised on the largest and most complex restructurings, and pride ourselves on providing pioneering solutions as well as real commercial results.

To provide a seamless and integrated service, the firm works closely with specialists in related practice areas including finance, corporate, real estate, employment, pension, tax, environment, regulatory, capital markets and litigation. The firm also advises defaulting companies, lenders and investors at all levels of the capital structure as well as corporates/directors, defaulting companies, banks, insolvency officeholders/ trustees and government institutions.

Our expertise covers legal and commercial advice on matters including:

  • Contingency planning/ Pre Insolvency/ Distress Advisory;
  • Negotiations with creditors for settlements and restructuring;
  • Negotiations / Arrangements with creditors and members;
  • Corporate Debt restructuring /Bi-lateral Debt restructuring with lenders;
  • Techno-Economic Feasibility Studies;
  • Distressed financing and re-schedules;
  • Out-of-court restructurings and refinancing;
  • Corporate Restructuring based on Mergers/ Demergers/ Hive off/Take over/Acquisitions;
  • Financial Restructuring of Debts Reorganization through Strategic Debt Restructuring (SDR);
  • Identifying strategic investors;
  • Debt Acquisition through an Asset Reconstruction Companies/ NBFCs and devising an efficient and viable restructuring model;
  • Credit bidding;
  • Distressed debt trading;
  • Insolvency filing requirements in BIFR / High Court etc.;
  • Formal insolvency proceedings before the court;
  • Debt Recovery Tribunal (DRT) including those under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFEASI);
  • Enforcement of Security Interest;
  • Financial Due Diligence;
  • M&A in Distress;
  • Portfolio Reviews;
  • Liquidations/Winding up;
  • Facility, Security and Credit Support Reviews for Lenders and Borrower Groups.

Government Risk and Compliance

Governance, risk and compliance (GRC) services help clients tackle the broad issues of corporate governance, enterprise risk management, and effective corporate compliance, while offering specialized assistance in key areas such as financial reporting, tax, information technology, human capital, anti-fraud and dispute consulting, and financial advisory services. The team can help organizations identify, remediate, monitor, exploit and manage enterprise risks in addition to coordinating the utilization of people, process and technology to improve GRC effectiveness and help manage costs.

We have a breadth of compliance and regulatory expertise, acting for clients across a range of sectors to help ensure that your brand, reputation and enterprise are not only protected but also positioned to create additional value. The team advises clients across full spectrum of risk management and compliance covering all industries, including those operating in regulated sectors.

Our highly qualified and experience team of professionals works closely with client’s corporate compliance team and set up robust compliance programs, conducts risk assessments and compliance audits. The approach is complemented by the extensive risk and controls technical knowledge and sector-specific experience of the team.

Our team provides the following services that results in a risk solution tailored to meet the unique needs of the clients:

  • Understand and comply with regulatory requirements;
  • Implement the right corporate governance framework in regard to these regulations;
  • Establish appropriate compliance practices.

 Our key specialization includes:

  • Financial and tax reporting
  • Industry sector regulation
  • Information governance and privacy
  • Human resource
  • Trade laws

Patents and Trademark Laws

  • One of the first firms in India involved in enforcing FRAND encumbered Patents related to telecommunication sector
  • Currently represents various multinational clients in disputes pertaining to enforcement of standard essential patents & related competition issues
  • Assists clients in mediation and arbitration in relation to licensing of Standard Essential Patents
  • Represents various pharmaceutical and diagnostic companies (both innovator and generic) in a large number of patent infringement disputes pending before various High Courts and the Supreme Court
  • Actively represents clients before the Patent office and the Intellectual Property Appellate Board
  • Advisory work related to infringement analysis,assignment,licensing,Freedom to Operate searches and the opinions etc.
  • The Firm also handles patent litigation pertaining to various sectors such as Textile Industry, Chemical/pesticides, Industrial equipment, Electronics such as DVD etc., Automobiles, Mechanical Industry, Storage units and packaging materials

Dispute Resolution and Arbitration

  • First Law Firm in India to challenge the constitutional validity of the provisions of the Drugs (Price Control) Order,( DPCO) 2013. The firm represented 15 pharmaceutical companies before the Delhi High Court
  • Filed more than 35 writ petitions before the Delhi High Court challenging the ban notifications issued by the central Government, banning 344 Fixed Dose Combinations by exercising its powers under Section 26 A of the Drugs & Cosmetics Act, 1940. The matters are currently pending before the Supreme Court of India
  • Actively deals with cases challenging the price ceiling notifications/ Price Fixation of Scheduled Drugs/Office Memorandums as notified by the National Pharmaceutical Pricing Authority
  • Actively deals with cases, before High Courts & the Supreme Court pertaining to interpretation of provisions of the Drugs & Cosmetics Act, 1940, including but not related to Interpretation of export provisions of the Act
  • The Firm advices clients on the representations to be made to governmental regulatory bodies like the National Pharmaceutical Pricing Authority
  • The Firm regularly attends hearing before forums like Ministry of Chemicals & Fertilizers, Department of Pharmaceutics for and on behalf of our clients
  • The Firm is facilitating import of cosmetics into the country by a US based company and the mandate includes assisting the company in obtaining import licenses

Anti-Corruption and Corporate Governance

The firm has expertise to tackle the wide range of issue and concerns that can challenge any organization operating in today’s complex competitive environment.  The firm is recognized for its excellent strategy and solution oriented approach in this area of practice.

The firm provides guidance to domestic and international clients on matters relating to general corporate compliance including but not limited to investment regulations, sectoral caps and regulatory issues/compliances. The clients for this practice area hail from across sectors including but not limited to telecom, e-commerce, technology, ITES, power, healthcare, real estate, defense, retail, pharmaceuticals, education, infrastructure, media, automobile, etc.

The firm actively advises clients on trade related issues which directly impact foreign investments in India. Such issues may include preferential market access to Indian companies, localization of technology, transfer of technology etc. The firm actively takes part in consultation processes with the Government of India and related ministries on policy related issues and submits proposal, papers on required changes in the extant policy.

The team advises and assists clients on:

  • Entry strategy;
  • Legal structuring;
  • Assistance in obtaining approval/clarification from FIPB/RBI, or other Governmental authorities, as applicable;
  • Assistance in incorporation of legal entities;
  • Assistance in obtaining various registrations, licenses, approvals, permissions, etc.;
  • Assistance in compliance of various laws/regulations, as applicable;
  • Assistance in secretarial compliance;
  • Assistance in conducting legal audits;
  • Drafting, negotiation and finalization of various vendor contracts, services contracts, etc.

Banking and Finance Laws

The firm offers a comprehensive service portfolio to the lenders, borrowers, advisers and other intermediaries. The clients include leading banks, financial institutions, NBFCs and business houses.  Deal management and the ability to handle challenging structuring issues and complex negotiations are the main strengths of the firm. The firm handles the entire spectrum of work including due diligence on the Borrowers, Promoters and Projects / Securities, structuring transactions, drafting term sheets and transactional documents, negotiations, advising on the regulatory framework and related issues.

The firm has been recognized and recommended in many international publications and ranking platform for its exceptional work in the Banking & Finance practice, including Legal 500, Chambers & Partners, IFLR1000, Asia Law Profiles etc. The Firm also represents its clients in disputes relating to recovery issues before various tribunals and courts.

The portfolio of services include:

  • Project Finance (PPP across Infrastructure, Power and Energy); Securitization;
  • External Commercial Borrowing;
  • Debt Restructuring and re-financing;
  • Regulation and Compliance;
  • Corporate Debt, including Syndicated Loans and Structured Financing;
  • Acquisition and Leveraged Finance;
  • Mezzanine and Subordinated Debt;
  • Plain vanilla bilateral lending deals, including mortgage and asset-based lending, equipment leasing;
  • Real Estate Financing;
  • Debt Capital Markets encompassing issues of rupee-denominated bonds and debentures;
  • Carbon Credit Financing;
  • Take out financing and credit enhancement.

The firm’s vast experience and industry knowledge, combined with the diverse skills of our lawyers allow us to represent our clients before regulatory bodies and in formal legal proceedings.


Commercial and Real Estate

The firm has expertise in handling large scale real estate transactions including those involving FDI in the real estate sector and has in the past provided advisory with respect to township, SEZ and other residential and commercial real estate projects in India. The firm has advised on complicated joint development arrangements involving issues relating to sharing of FSI, sharing of revenue, joint development etc.

The services include advising:

  • Real Estate Projects like townships, SEZ,  Technology Parks, Hotels & Tourism Projects;
  • Regulatory laws including those relating to licenses and approvals;
  • Structuring of transaction
  • Stamp Duty
  • Change of land use;
  • Regulations governing acquisitions and sale of property;
  • Property tax and other taxes on real estate;
  • Construction Contracts, Joint Development Agreements, Project Management Consultancy Agreement, etc:
  • Grant/ Assignment of leasing / licensing of commercial and residential properties;
  • Due diligence and preparation of Title Search Reports;
  • Representation before various courts including arbitrations regarding real estate disputes.

General Corporate Advisory

Our cybersecurity compliance team is regarded as one of the leading cybersecurity law experts in India and has extensive experience in assisting clients with all aspects related to identification, reporting and mitigation cyber risks, this service offering includes helping clients assess network/data security gaps, assist in putting in place appropriate courter measures, cybersecurity and data handling polices and insurance coverage prior to an attack to dealing with the regulatory aspects of the aftermath of an attack. The team includes an experienced policy experts collaborating with cyber forensic experts with a unique blend of skills that span various practice areas to help clients deal with cybersecurity issues.

Our services with respect to cybersecurity include:

  • Conducting cybersecurity audits and due diligences;
  • Drafting and implementing organizational cybersecurity policies and manuals;
  • Advising on the Use of encryption and related regulatory approvals;
  • Assisting in implementing cybersecurity governance processes and solutions;
  • Advising on the recovery and protection of confidential information;
  • Crisis management and resilience;
  • Data protection and financial regulatory compliance;
  • International data transfers;
  • Litigating data security breach incidents;
  • Cyber Insurance issues for data breaches & other cyber risks;
  • Contracting with customers, service providers, and affiliates;
  • Privacy, data protection, and information management; and
  • Government Regulation and Legislation.

Intellectual Properties (IP)

Our intellectual property team has expertise in all areas of trade/service mark, trade secret, design, copyright and patent law. As a Leading Intellectual Property law firm in India, we advise our clients on selection, availability, use and registration of the same in India and globally. This practice area consists of several individuals with scientific backgrounds to facilitate patent prosecution. We have the expertise to negotiate on behalf of celebrities and draft relevant agreements.

Additionally, we advise on worldwide domain name registration and disputes, on-line infringements other issues relating to Internet law mainly rooted from trade mark and copyright law. We also have attorneys who have extensive experience in the litigation of intellectual property conflicts. In addition, our team is also experienced in negotiating and drafting a variety of license agreements.

We help clients in enhancing their Intellectual Property portfolio in India. This would include a range of services from identifying key resources and creative aspects to the prosecution/protection of those key assets to examining and re-examining commercial models to leverage brand position.