CATEGORIES

New Challenges Ahead: How To Comply With Cross-Border Data Transfer Regulation In China 

Although the Cybersecurity Law of the People’s Republic of China is still in grace period, Chinese authorities have already taken enforcement actions against companies for non-compliance with it 

No Guarantee For Lenders Under IBC

The credence of guarantees given to lenders ought to be protected under all circumstances in order to ensure that lenders are not left high and dry with huge piles of NPAs

Woman Of Substance

It was entirely due to CORNELIA SORABJI’s efforts that the legal profession was opened to women in India in 1924

Understanding Potential Risks For Nominee Directors In India

Such directors should consider adopting adequate measures to safeguard the interests of private equity investors and avoid any undue liability on themselves

The Two Faces Of Judicial Activism — Ambuja Cement Corporate Legal Team

We live in a democratic society where the Legislature, Executive, Judiciary and Media are considered the four “pillars” of our society.

Real Estate Construction Claims & Speedy Resolutions: Making The Right Choices & Road Ahead

The article discusses the kinds of disputes arising in the construction sector, options for resolution of disputes and hurdles therein and the road ahead in resolving them expeditiously

Transformative Metamorphosis Under Copyright Law

Transformative works form the bedrock of the doctrine of “fair use” as such works offer and assure breathing space within the precincts of the law

Significant Beneficial Owners: India Sneaks Up On Didn't You Get The Memo?

India recently released the Companies (Significant Beneficial Owners) Amendment Rules, 2018. The Government thereafter modified these rules with the Companies (Significant Beneficial Owners) Amendment Rules, 2019 (“SBO Rules”) effective from February 8, 2019. Since the idea of ensuring greater accountability and transparency over beneficial ownerships is relatively new, the SBO Rules will have to withstand the test of time

Group Insolvency: The Future Of Resolving Complex Insolvencies In India

Considering the issue around CIRP for group companies such as value deterioration in the assets of the group companies and lack of bidders in the market for individual group company, the time seems right to further strengthen the Code by adding a chapter on Group Insolvency

DPIIT And CBDT On Angel Tax: Will Ideas Transform Into Action?

The policy initiatives taken by the DPIIT need to be also backed up by startup friendly tax administration by the CBDT to ensure that the startups survive and thrive in difficult economic conditions.

Proven Merit Should Be The Consideration, Equally Applicable For The Bench And The Bar

Legal Era Magazine in conversation with Amarjit Singh Chandhiok President, INSOL India

Object Vs Process: The Big Conundrum

The Code has to maintain balance among the objectives by consistently ensuring maximization of value, promotion of entrepreneurship, availability of credit and balancing the stakeholders’ interests within a transparent and time-bound manner

Is The Ban On ENDS Healthy?

Is it fair for the Government, as a stakeholder in India’s largest cigarette company, to advise banning a product without even considering the views prevailing in other jurisdictions and the reasons why they have regulated and allowed sale of ENDS?

SALIENT FEATURES OF BUDGET 2019

The Finance Bill, 2019, proposes to increase the benefit of standard deduction from the existing INR 40,000 to INR 50,000 to provide additional relief to salary earners and pensioners

Legality Of Second Mortgage During Subsistence Of First English Mortgage

The provisions of Sections 81, 82, 91 and 94 of the TP Act clearly recognize the concept of second mortgage and are not excluding English mortgage from the concept of second mortgage

RBI Relaxes Restrictions On Foreign Lending

The succession of rule changes is response to a growing appetite for Indian companies to look abroad for funding and investment, and will be welcomed by international debt funds

Main Legal Issues In International Business Expansion - A French Perspective

Establishing a presence in or breaking into a foreign market cannot be done overnight as it can represent a real risk for any company that is not adequately prepared or that has not chosen the legal structure or approach best suited for its expansion project and the target market.

Liberalization & Globalization

For business regulatory and reputational risks in a globalized marketplace

Competition Law Developments In 2018

Several key decisions were delivered by the SC, NCLAT and CCI along with amendments to the merger control regime

You Cannot Take The Law Into Your Hands Or Become A Law Unto Yourself

His 13-month-long tenure as the 45th Chief Justice of India was eventful. He will always be remembered for some of the most iconic judgments in Indian jurisprudence. Legal Era in a freewheeling chat with JUSTICE DIPAK MISRA

New Significant Beneficial Ownership Norms

Challenges surrounding significant beneficial ownerships in often complex and multi-layered ownership structures of corporate entities have been hard to fix for the Department of Corporate Affairs, Government of India (DCA) thus far.

Sexual Assault Cases Involving Children To Be Fast-tracked

Sexual Assault Cases Involving Children To Be Fast-tracked.

NCMEI Has Wide Powers, Rules SC

NCMEI Has Wide Powers, Rules SC.

We Must Never Forget The Lessons Of The Internal Emergency Of June 1975 Fali Sam Nariman...

Legal Era in conversation with India’s most distinguished constitutional lawyer, the legendary.

Sports And Intellectual Property Rights

Commercialization of sports has become enormous. Marketing through franchising as well as brand building of sports, sportsmen, and events has gained gigantic importance. In such a scenario, Intellectual Property protection is needed as a safeguard. For the people who run the show, it is a multi-billion business, and protecting this business is the strong arm of Intellectual Property.

Bribery, Anti-Money Laundering And Corruption Risks For The New Breeds Of Multi-National Companies In India

For both MNCs looking to invest in India and Indian companies looking beyond borders, compliance with extra-territorial bribery and anti-money laundering requirements will be crucial in protecting both reputation and balance sheets

Ethics And Deception In Negotiation

Negotiation does leave space for some deception; however, its level has to be evaluated on both legal and ethical scales

Arbitration Agreements Not Always Reliable

There are reasons why a party to an arbitration contract may find itself before a court of law rather than an arbitral tribunal.

Implementation Of Privacy Systems Evolution & Management

Personal data management systems cannot be considered as static systems, taking into account that their mobility and transformation result from the legal implications of each country and the corporate implications of each company.

Bank Of America Applies For Patent For 'CRYPTOCURRENCY TRANSFORMATION SYSTEM'

Among large corporations who have filed recent blockchain technology patents including Mastercard (which has developed an instant blockchain payment system) and Goldman Sachs, the most recent one appears to be Bank of America Corporation (BAC), a multinational banking and financial services corporation headquartered in Charlotte, North Carolina.