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Left without remedy

Creditors are in need of a credible mechanism for the resolution of covid-19-related distress until the suspension of the corporate insolvency resolution process is in place

The power of persuasion

A critical part of a lawyer’s job is being a good negotiator. It requires people skills, well-ordered priorities and a positive approach to doing business

What’s blocking the chain?

Blockchain can be a disruptive technology for the administration of smart contracts in the financial sector if some regulatory hurdles are cleared

Creative synergy

High-quality protection of intellectual property (IP) is a crucial factor for companies to succeed in today’s competitive world. An effective IP strategy built together can aid the organization to manage its IP portfolio and attain a significant portion of the earnings

Keeping competitors at bay

It is well-settled law that a non-compete obligation in an employment contract in India is unenforceable after termination of the employment. However, an acquirer in an M&A transaction can require a promoter to not compete with the business that he is selling

A tool for financial trouble

Widely reported troubles at Yes Bank, IL&FS, DHFL and others have exposed inadequacies in the insolvency resolution regime for distressed banking and finance companies. Mohit Shukla, the legal head of Barclays India, argues that now is a perfect time to introduce a new composite code to address these shortcomings and rebuild public trust

Surviving a ‘new normal’

India Business Law Journal teamed up with prominent arbitrator Ashok Sharma and a stellar panel of GCs to debate how in-house legal teams should rise to the unprecedented challenges facing Indian companies in a post-lockdown environment

Are you being watched?

Governments adopting trace-and-track apps to prevent the spread of the pandemic have raised questions about the ‘right balance’ between pandemic response and privacy considerations

Managing outsourcing contracts

Outsourcing companies face severe operational challenges under the pandemic and understanding the impact of the force majeure clause and the doctrine of frustration is important in determining recourse for parties.

Moving past the pandemic

The pandemic has thrown up challenges for maintaining productivity, honouring contracts and keeping workers employed

Slowing the free fall

With the COVID-19 outbreak, the government has introduced a lockdown to limit the spread of the virus among the population, while introducing a raft of measures to protect businesses

Home and safe?

With COVID-19 forcing companies to implement work-from-home policies, Jim Fitzsimmons helps us understand the cybersecurity risks posed by a remote workforce

Keeping in step with the times

Patent offices and courts have introduced proactive measures in response to the COVID-19 lockdown

Pandemics unforeseen

How will the courts respond to an anticipated deluge of disputes relating to frustration of contracts in a post-COVID-19 world?

COVID-19: Business as usual

Despite the disruption created by the lockdown, Remfry & Sagar has been providing real-time updates on IP matters to clients

Indian Law Firm Awards 2020

In this difficult and dynamic environment, India Business Law Journal’s editorial team was once again tasked with selecting the winners of the Indian Law Firm Awards. Our decisions are based on thousands of nominations and endorsements received from in-house counsel, other senior corporate executives and legal professionals around the world, as well as hundreds of submissions from Indian law firms

‘E’ sign of the times

With COVID-19, the silver lining for the legal community will be a greater adoption of e-contracts

Shining a light on unsafe practices

Inadequate enforcement of Indian standards has encouraged spurious manufacturers to put unsafe products on the market

Dealing with delays at the IPO

The Patent Office making exceptions for delays to applications due to COVID-19 is welcome, but it should adopt more applicant-friendly policies for other cases too

At a crossroads

Recognizing homebuyers as financial creditors in the event of insolvencies is a welcome move, but the RERA remains the preferred route for recovering funds

Diversity adversity

Supreme Court Justices Dhananjaya Chandrachud and Ajay Rastogi recently passed a ruling that enables women officers to serve as army commanders. The court also granted women officers the right to extended permanent service – a privilege that previously applied only to men. While the order affords women army officers the rights they deserved long ago, it does not fix overnight the backward views and stubborn stereotypes that persist within the corridors of power, be it those in the army or elsewhere.

A new dawn

As employers wake up to the reality of COVID-19, how can they minimize risks for employees and ensure business continuity?

The International A-List 2020

Of the hundreds of lawyers around the world who claim to be India experts, which ones are leading the field? To find out, India Business Law Journal sought answers from a large number of professionals, mainly experienced lawyers at Indian law firms and India-focused in-house counsel around the world.

India unplugged

As the country grapples with the dual realities of Digital India and being the ‘internet shutdown capital of the world’, it analyses a recent Supreme Court judgment challenging blackout actions in Kashmir

Out of harmony

Clarity from the Intellectual Property Appellate Board is required to lessen tensions between music labels and broadcasters

Blue sky thinking

The competition regulator has over the years allowed companies to undertake innovative commitments to enable their mergers to go through

Bridges not barriers

Membership of the Regional Comprehensive Economic Partnership would allow India to overcome its stunted trading relationship with its neighbours

The risk-reward conundrum

A GC’s ability to play a lawyer-guardian type role in a company is critical

Most Recent

Correspondents

Maternity Benefit Wage Definition Reform

New code brings ambiguity for maternity benefits

By Agrima Awasthi and Diksha Singh, Wadhwa Law Offices
Force Majeure Contract Drafting

Updating force majeure clauses for India-Japan contracts

By Krishna Vijay Singh and Muneeb Rashid Malik, Kochhar & Co
Biosimilar Patent Litigation India

Trends in biologic patent litigation

By Swati Sharma and Gitika Suri, Cyril Amarchand Mangaldas

Features

Knock knock

Knock knock

Preparing for India’s multi-agency dawn raids: Building response architecture, preserving privilege and documenting every step

Insurance Cybersecurity Data Protection

Guarding the nest eggs

Life insurers’ digital shift demands stronger legal oversight to protect customer data and cyber resilience

Playing catch-up

Shared venture documentation gaps slow India funding rounds and shape foreign capital perceptions of ecosystem maturity

Expert Briefings

Shaping Indian arbitration jurisprudence

By Sumeet Kachwaha, Kachwaha & Partners

Opinion

Prohibited Claims Arbitration

Clipping the clause

To what extent does party autonomy hold sway over contracts that involve exceptional or prohibited clauses?

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