NECESSITY AND IMPORTANCE OF CONFIDENTIALITY CLUBS

Confidentiality clubs have become the new norm in litigation/legal proceedings across the world, be it in the field of tech-licenses, trade secrets, data protection, arbitration involving business agreements, etc.

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Legal Era gets the lowdown on what C|T Group does and plans to do in India

Impetus To Public M&A In Distressed Companies Through Relaxations To SEBI Regulations

A unique opportunity to investors to acquire “control” of Stressed Companies by infusing capital at current valuations without the obligation of making an open offer

Patenting Stem Cell INVENTIONS in India - What to Expect?

The Indian Patent Office has been following an unwritten code in the examination of stem cell-related applications but the approach currently adopted is debatable

MANAGING THE IMPACT OF COVID-19 INFRASTRUCTURE & CONSTRUCTION SECTOR

Contractors need to consider the strategic consequences of a Force Majeure claim and the need to give Notice, establish causation, maintain careful records and evidence and provide updates where required.

MEDIATION TAKES ONE MORE IN INDIA

The Ministry of Consumer Affairs, Food and Public distribution (department of Consumer Affairs) vide a Notification dated 15th July 2020 1 in exercise of the powers conferred by sub-section (1) and clauses (r) and (ZF) of sub-section (2) of section 101 of the Consumer Protection Act, 2019 (35 of 2019), the Central Government has framed the rules which are called Consumer Protection (Mediation) Rules, 2020. The same have also been ordered to be brought in force from 20th July 2020.

DATA SOVEREIGNTYISSUES AND CHALLENGES IN A CROSS-BORDER DATA TRANSFER

The topic of Data Sovereignty of citizens/residents is going to see more conflicts as Governments and Internet Businesses both realize the value of data and informed Citizens are equally skeptical to give it to either of them for the preservation of their Privacy

Arbitrability of the disputes/differences Insurance Policy

If the insurance co. disputes or repudiates the claim or the insured voluntarily executes the discharge voucher in accord and satisfaction of the claim, then there cannot be any reference of any dispute to arbitration

Anti-competitive practices in the AUTO SECTOR A DECADE IN REVIEW

“Cartels, leniency, abuse of dominance and more…”

A PEEK INTO THE COMPANIES (AMENDMENT) BILL, 2020

Is the Bill a step in the right direction towards facilitating the operations and growth of companies in India?

The New Era Of Data Protection In India

The Personal Data Protection Bill, 2019 (the Bill) was tabled before the lower house of the Parliament on 11.12.2019

DATA SECURITY BREACHES: THE VOLUNTARY DISCLOSURE DEBACLE FOR LISTED COMPANIES

How do listed companies err on the side of caution without treating every information leak a disclosure of price sensitive information…

THE NEED FOR REGULATION OF CONTENT OF NEWS TELEVISION CHANNELS IN INDIA

A specific law with one exclusive regulatory body is the need of the hour to regulate the news broadcasting sector in order to reinstate the trust and confidence of the people in news television channels

THE PERSONAL DATA PROTECTION BILL 2019 A STEP IN THE RIGHT DIRECTION OR WRONG START

The numerous critical issues left ambiguous greatly influence the architecture of processing and storage systems, especially on database levels, where most certainly there will be a large volume of work on identifying all types of different data

EFFECTS ON USE OF A TRADEMARK AS OEM IN CHINA

It has been disputed whether using a trademark as OEM with no selling/circulation of the products in the Chinese marketplace would constitute trademark infringement in China

CFIUS HAS NEW TEETH: FOREIGN INVESTMENT INTO THE US UNDER NEW LEVEL OF SCRUTINY

In light of recent changes to the CFIUS regulatory regime, it is imperative that legal counsel to parties involved in transactions where foreign persons may be acquiring equity interests in US businesses pay careful attention to whether a CFIUS notification filing may be required

TATA-MISTRY NCLAT JUDGMENT FOR BOARDROOMS & GOVERNANCE

Whatever the outcome of the Tata-Mistry feud, it will greatly impact the way majority shareholders conduct themselves and the way boards are managed in India going forward

ARBITRAL AWARD WILL NOT BE GRANTED FOR WRONGLY SEATED ARBITRATION

An ambiguous clause can result in parties wasting precious time and resources to obtain an award which is not enforceable due to the arbitration being mistakenly commenced in the wrong seat

A CROSS-BORDER SOLUTION TO A DOMESTIC PROBLEM: INDIA'S BANKS AND THE ROAD TO RECOVERING NON-PERFORMING ASSETS

A key issue within the nation’s present financial crisis has been the Indian banks’ hesitation to lend due to the increasingly large volumes of non-performing assets (NPAs) in their balance sheets

2019 JUDICIAL DIARIES

It has been a remarkable year with a slew of landmark judgments delivered by the apex court

The Future Of Business Laws

As the world changes, so will the laws that govern the business world. New laws will develop and dominate the marketplace depending on the priorities of the most influential economies of the time and the mindsets of their people…

Start-Ups: The Struggle And The Triumph!

The major development for start-ups came on February 19, 2019 vide Notification No. G.S.R. 127(E) (“2019 Notification”), which finally addressed a majority of the demands raised by start-ups

Ayodhya Verdict: The Healing Touch For Peace, Growth & Its Commercial Implications!!

The acceptability and wisdom enshrined in the Ayodhya verdict can be measured from the fact that none of the principal parties could find anything in the judgment to have a grudge with to even seek a review thereof

USING TECHNOLOGY TO INCREASE EFFICIENCY IN THE JUDICIAL PROCESS

As an encouraging step, the Delhi High Court has moved towards becoming a paperless Court, doing away with case files…

SC CLEARS DECKS FOR LARGEST TAKEOVER UNDER IBC

On 15 November, 2019, the apex court held that the CIRP of ESIL will take place in accordance with the RP of Arcelor Mittal, as amended and accepted by the CoC, as it has provided for amounts to be paid to different classes of creditors by following Section 30(2) and Regulation 38 of the CIRP Regulations

SAFEGUARDING FREE TRADE AND THE DOMESTIC INDUSTRY: BILATERAL SAFEGUARD MECHANISM

Going forward, Indian authorities must be cautious in implementing the FTAs as a whole- not just liberalizing tariffs and extending concessions to FTA partners but also ensuring implementation of safety mechanisms enshrined therein

LIABILITY FOR VEHICLE THEFT FROM PARKING RESTS WITH THE HOTEL: SUPREME COURT

The Supreme Court upheld an order passed by the National Consumer Disputes Redressal Commission (‘National Commission’) to pay compensation of ₹2.8 lakh to an individual whose Maruti Zen car was stolen in 1998 from its parking area holding that there was deficiency in services rendered by the hotel management.

INTELLECTUAL PROPERTY - MALAYSIA'S TRADEMARK LEGISLATION GOES UNDER THE KNIFE

It is a major step towards progression of the Malaysian trademarks landscape, and brand owners who have been waiting to protect their non-traditional trademarks or file their trademarks worldwide at a cheaper cost or even monetize their intellectual property will heave a sigh of relief

CRIMINALIZATION OF CIVIL DISPUTES: NEED FOR CARE AND GUIDELINES

The process of seeking to settle civil disputes and claims, by applying pressure by way of a criminal prosecution has the potential of having a cataclysmic effect on the economic system and will likely, adversely impact the atmosphere of investment and development

4TH ANNUAL LEGAL ERA INTERNATIONAL ARBITRATION LAW SUMMIT (IALS) 2019 CONCLUDES SUCCESSFULLY

The who’s who of business law participated in the Summit organized in Mumbai on the 23rd of this month