CATEGORIES

Culture Is Key To Retention

The author’s interesting viewpoint about attracting and retaining talent.

Effect Of Moratorium Enshrined In IBC, 2016

The primary rationale of Section 14 of IBC is to try and maximize the value of the corporate debtor such that it may continue its operations while its future survival is being apprised by the insolvency resolution process

Playing National Anthem Not Compulsory In Theaters

Playing National Anthem Not Compulsory In Theaters

Court Cannot Assume The Role Of Super Guardian

Court Cannot Assume The Role Of Super Guardian

The Black Hole Of Interim Finance Under Insolvency And Restructuring Regime

Companies undergoing corporate insolvency resolution process tend to be in dire need of funds to meet their working capitalexpenses. Interim finance can be an important tool for effective reorganization so as to prevent liquidation

Private Investment In The Education Sector

With due government intent falling into place and the Indian education market projected to grow to USD 180 billion in a few years’ time, the need for capital, technology, and best practices from a private player will be invaluable to the sector

Data (Privacy And Protection) Bill, 2017: What To Expect

As digitization increases, large volumes of data are generated and there are no measures to safeguard the privacy of this data nor regulate data retention by the platforms collecting it. Hence, we are in need of a strong data protection law.

Private Trusts Formation And Income Tax Implications

While we understand that the taxation of a private trust majorly depends on what structure is being followed while forming and operating a trust, it is advisable that the real intention of the settlor be explicitly set out in the trust deed along with details regarding beneficiaries

Oxycontin Maker Purdue Pharma Sued Over Opioid Epidemic: Alabama

On February 5, Alabama became the latest state to file a case accusing OxyContin maker Purdue Pharma LP of fueling the opioid epidemic by deceptively marketing prescription painkillers to generate billions of dollars in sales.

Cross - Border Regulations - A Step Towards Global Integration

Recent developments such as notification of Section 234 of the Companies Act, 2013 and insertion of new sub-rule 25A in the Companies Rules, 2016 will go a long way in helping Indian companies have a presence in overseas jurisdictions

Third-Party Funding In Arbitration

To overcome risking of its own finances or obtain additional financing to pursue legal action, an individual or firm can approach a third party to agree to finance all or part of its legal costs

The Curious Case Of Kulbhushan Jadhav

A look at the main events from Jadhav’s arrest to the ICJ ruling to what’s in store for Indo-Pak relations...

Rising Star Awards 2017

In their second year now, the Awards were conferred on 40 budding in house and external counsels aged 40 years and below

This Is Not A Wind-Up: BVI Court Approves Restructuring Provisional Liquidation

In a major development in BVI insolvency law and practice, the BVI Commercial Court has held in the case of Constellation Overseas Limited and 5 others [BVIHC (Com) 2018/0206 – 2012] that provisional liquidation is available to facilitate a restructuring. The decision brings the BVI broadly into line with Cayman and Bermuda, where restructuring provisional liquidations have been used to support a number of landmark cross-border restructurings in recent years

Reputation Risks For Businesses In A Global Indian Marketplace

It is essential to ensure that in the course of managing reputation risks, all evidences likely to be relevant in consequential legal and remedial actions to safeguard the interest of businesses are duly protected for use

Cracking The Whip On Shell Companies A Move That Was The Need Of The Hour

Sufficient checks and balances have been introduced in the current legislative regime to curb the menace of shell companies but whether their implementation will be as ambitious, only time will tell

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.

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.

There Is Not A Single Day Where I Haven't Learnt Something New

LEGAL ERA in conversation with one of the most successful lawyers the Bombay Bar has ever produced, the essentially old-school

Supreme Court Upholds Constitutional Validity Of Aadhaar

A five-judge bench, by a 4:1 majority, ruled in favor of the Narendra Modi government’s ambitious unique identity scheme

The World Of White Collar Crime & Its Impact On The Economy

The laws concerning white collar crimes vary, depending on the exact nature of the crimes committed, though many fallunder federal authority (US)

The Evolving Data Protection Regime In India

We live in the 21st century where almost everything around us can be summarized into some form of data secured on computers; this poses a threat we must address…

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