Merger & Acquisition

It is said “Corporate governance is not a matter of right or wrong – it is more nuanced than that.”
Our team with a cumulative experience of over 15 years understand the macro and micro nuances of the General Corporate and M&A practice in India. We update ourselves in tandem with the changing laws and business landscape. We thrive on our expertise on all aspects of the M&A practice such as incorporation (including stock acquisitions), post-acquisition advisory, entity formation, applications for regulatory approvals, corporate secretarial matters, general corporate advisory, takeovers, business / asset transfers, joint ventures, privatizations, buyouts (including LBOs and MBOs), due diligence and advisory on securities and foreign exchange law which also forms a core aspect of the practice many of which have global/ cross border aspects. Apart from drafting and negotiating the entire gamut of transactional documents the team also advises multinational clients on optimal structuring options and India entry/ investment strategies. We have successfully worked with various sectors and our team is well equipped to handle the varied and specific needs of each sectors such as pharmaceutical and health, retail, agriculture, hydro power, oil and gas, automotive, education, real estate, information technology, BPO, E-commerce, infrastructure, textiles, financial service, hotels, hospitals, food, insurance, broadcasting and news media, telecom, etc. In addition to M&A, the team also works extensively on independent transactional matters such as equipment purchase/ supply agreements, distribution/ franchise arrangements, trademark licenses, master service agreements, consultancy/ employments contracts amongst many others.

Insurance Risk Management

The term Insurance Risk Management is a relatively recent evolution of the term “insurance management.” And “risk management” together birthing the concept of ‘Insurance Risk Management’.

The concept of risk management encompasses a much broader scope of activities and responsibilities than insurance management. Risk management is now a widely accepted description of a discipline within most large organizations. Basic risks such as fire, windstorm, employee injuries, and automobile accidents, as well as more sophisticated exposures such as product liability, environmental impairment, and employment practices, are the province of the risk management department in a typical corporation. Insurance Risk Management is the assessment and quantification of the likelihood and financial impact of events that may occur in the customer’s world that require settlement by the insurer; and the ability to spread the risk of these events occurring across other insurance underwriter’s in the market.

In the world of finance, risk management refers to the practice of identifying potential risks in advance, analyzing them and taking precautionary steps to reduce/curb the risk. Such as when an entity makes an investment decision, it exposes itself to a number of financial risks.

Writing in Best’s Review, Tim Tongson recommended that business owners take the following steps in implementing an enterprise-wide risk management program:
1) incorporate risk management into the core values of the company;
2) support those values with actions;
3) conduct a risk analysis;
4) implement specific strategies to reduce risk;
5) develop monitoring systems to provide early warnings about potential risks; and
6) perform periodic reviews of the program.The Risk Manager and insurance department must therefore have reliable, relevant indicators to allow them to:
• produce an ongoing inventory of risk objects, such as movable assets, real estate, industrial assets, commercial assets, intellectual property, liability, and damage insurance.
• produce an ongoing inventory of active or expiring policies that cover the company’s assets, executives, and activities and the corresponding premiums.
• monitor claims of any nature, their financial stakes, and the implementation of compensation.
The Legal Suite solutions allow risk managers and insurance departments to control the risks related to their company’s assets as well as the optimization of their coverage.

Service laws

The law relating to labour and employment in India is primarily known under the broad category of “Industrial Law”.New service laws lay heavy emphasis on fighting against discrimination on the basis of gender, sexual orientation, religion, differently abled employees, healthetc.and requires employers to put in a great deal of thought and rise up to the current social climate. Industrial law in this country has changed its face in the past decades as we have moved away from the colonial and patriarchal society rule. It has developed in respect to the vastly increased awakening of the workers of their rights, particularly after the advent of Independence. With the advent of technology, machines are gradually making man redundant to the workforce, creating a new set of problems for the Industries. Industrial relations embrace a complex of relationships between the workers, employers and government, basically concerned with the determination of the terms of employment and conditions of labour of the workers. We have worked with various IT companies on matters encompassing disputes such as the above. Under the Industrial Disputes Act, 1947, the mediums of resolving disputes are collective bargaining, mediation and conciliation, investigation, arbitration, adjudication. our Firm we have expertise in matters such as dispute arising between Employer and Employee, Disputes arising out of Tender Documents, Vetting of complex Tender documents, negotiating (L&T, Bahwan Cybertek).

Cyber Law

Cyber law attempts to replicate the laws for the physical world for the virtual world. Cybercrimes can involve criminal activities that are traditional in nature, such as theft, fraud, forgery, defamation and mischief, all of which are subject to the Indian Penal Code, in the virtual world these are being addressed by the Information Technology Act, 2000. Our firm has advised key Clients on AdWords, Domain name disputes, cyber hacking amongst other cyberlawcyber law activities and disputes arising out of them. Many practice areas intertwine in cyber law such as intellectual property, privacy, freedom of expression, and jurisdiction. The spread of internet and its use across the world and the footprint left behind by each of our internet use is susceptible to attack and a single misstep could prove dangerous, hence understanding cyber law and protecting oneself pre-emptively becomes an urgent need. We advise from the nascent stage of registering your Domain Name, the laws for protecting the website, promote your website, communication with third parties, electronic commerce transactions each of these have CyberlawCyber law issues involved. When Internet was developed, the founding fathers of Internet hardly had any inclination that Internet could transform itself into an all pervading revolution which could be misused for criminal activities and which required regulation, today tech- savvy lawyers are necessary to navigate the maze of cyber laws.

Private Equity

Private equity has become one of the core and demanding legal practices with the disruptive way in which businesses are conducting themselves. Our team understands the structuring of investments, tax planning and regulatory issues with Venture Capital funds, Hedge Funds, Investment management, mutual fund, real estate investment funds, Private equity lawyers have an important role in a deal as they help the private equity firm or individual negotiate the terms on how they contribute their cash and they also act on behalf of the private equity firm or individual when it buys and sells investments. The edge of fine-tuning the myriad details in the transaction such as structuring and negotiate the acquisition and finance documents and keeping in line with the law is very steep and it takes an experienced business lawyer to help and keep the details in order. Commercial awareness is a key ingredient which makes our team a good fit in advising on private equity deals.