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White Collar Crimes
TLP provides a full spectrum of White-Collar Crime Solutions including Preventive Compliance, Internal Investigations, Defence, Strategy, and Prosecution. In the Indian context, TLP is a distinctive firm as it provides both Advisory and Litigation services and provides expert assistance to clients in Government and Prosecutorial Investigations. The concentrated team at TLP has litigation expertise before all criminal courts and tribunals in India. In recent years, TLP has emerged as one of India’s leading White-Collar Crime and Business Crime Defence Practices.
TLP has had the privilege of Advising and Defending clients on some of India’s most complex and high profile investigations conducted by India’s premier investigating agencies viz. Central Bureau of Investigation (“CBI”), the Directorate of Enforcement (“ED”), Serious Fraud Investigation Office (“SFIO”) the Economic Offences Wings (“EOWs”), Anti-Corruption Bureau’s (“ACBs”).
The department's practise encompasses corruption, money laundering, extradition, Financial frauds, embezzlement, black money, undisclosed foreign assets, corporate governance, defamation, foreign exchange management, sexual harassment, blood crimes, cyber crimes, extortion, Narcotic Drugs and Psychotropic Substances Act, etc. One of the key areas in which the firm has built a remarkable reputation is in conducting anti-bribery/compliance/internal investigations for various Fortune 500 and other multinational corporations.
TLP advises on the entire spectrum of securities law entailing both advisory and litigation work. Our lawyers have domain-expertise on the subject and understand the requirements of the client and complexity of the matter, to provide a complete and effective legal solution. We have advised clients on listing regulations, takeover regulations, insider trading regulations and various other regulations applicable to market intermediaries. Our past experience also includes drafting and vetting of contracts pertaining to market intermediaries and registrations with the Securities and Exchange Board of India (SEBI) etc. Our lawyers regularly appear before the Securities Appellate Tribunal and also before various High Courts and Supreme Court of India on securities-related litigation.
Private Client Practice
Our private client team provides services including the structuring and documentation of options such as international wills, trusts, gifts, charitable foundations as well as related advisory work. Some indicative areas of focus are as below:
Incentive structuring: Structuring of carried interest, earn outs, promoter holdings in offshore and onshore companies (listed and unlisted) from an Indian legal and tax perspective.
Migration by HNIs: Wealth planning issues pertaining to reverse migration of Indian-origin persons from other countries, including the US and UK.
High value offshore investments by Indian resident individuals: Structuring high-value offshore investments made by Indian HNIs to be compliant with the restrictions in Indian laws on exchange control and taxation.
Wills: Drafting, challenge to and enforceability of wills for the bequeathal of Indian assets including consideration of the domicile of the testator for cross-border bequeathal, impact on the will of community specific succession laws as well as probate proceedings including resealing of a foreign probate.
Lifetime and testamentary trusts: Setting up of trusts for asset protection, succession planning, care of dependents and lifetime gifts/distributions, particularly where objectives relate to assets across multiple jurisdictions/asset classes, or whether the proposed beneficiaries include future generations or beneficiaries situated in different parts of the world.
Issues requiring a reconciliation of Indian and non-Indian laws: For example, advice on the classification of Indian Hindu Undivided Families from a US trust law perspective or foundations from an Indian succession law perspective.
Multi-jurisdiction succession planning: Assisting business families with succession planning structures that: (a) allow inclusion of family members situated across jurisdictions (b) provide allocations for investment into future businesses set up by family members; (c) allow flexibility for the economic and guardianship needs of dependent family members; and (d) contain checks and balances for the preservation of value of underlying assets.
Philanthropy: Structures that enable cross border family philanthropy including the preparation of trust funding arrangements that enable grants to charities, advice on a suitable vehicle for charity, Indian regulations pertaining to foreign charitable contributions.
Labour and Employment
Adherence to labor and employment law is now-a-days one of the most important issues that all the companies have to deal with. Employment attorneys at TLP are proficient in advising clients on various rules and regulations that are mandatory to be complied with by the corporates doing business in India. TLP represents a wide range of employers that include entrepreneurial start-ups, well established public companies and professional services firms. We help companies in protecting their business interests including their client base, confidential information and market reputation, achieving their commercial objectives and managing their workforce effectively.
Our attorneys advise clients from both India and abroad on the complex legal and regulatory structure of labor and employment law ensuring compliance with all the applicable laws and provisions. We also assist with drafting and reviewing employment documentation and advising clients on various labor law related queries which includes ESOP, transfer or termination of employees, non-compete issues and others. ILO represents companies and the management on labor and employment related litigation.
Our employment lawyers are specialists in complicated employment and partnership matters with high stakes. They explain legal implications of any employment and partnership issues in a clear and concise manner. Leveraging on our decade of experience and deep knowledge, we help our clients in resolving sensitive cases creatively and deliver results which are in line with their objectives. Whatever we do is always in the best interest of our clients. Over the period of time, we have built long-lasting relationships with our clients and we have always put our clients first.
Globalisation and cross-border trade raise the significance of intellectual property protection such as trademark, patent, copyright and design. Businesses are realising the strategic benefits to be gained by the appropriate protection and enforcement of their intellectual property rights. Over the last decade, Indian and international businesses have become increasingly sophisticated in their use of intellectual property rights and the law in this field has become correspondingly complex.
Our lawyers understand this complexity and are qualified to advise across a range of issues which may range from mere registration of intellectual property to litigation contesting infringements/passing off.
Insolvency and Bankruptcy
An effective and fast insolvency/bankruptcy procedure will allow businesses to be sold/wound down while there is value remaining in the business, allowing for maximized recovery and better addressal of interests of various parties involved.
With the above objective, India notified a new code - the Insolvency & Bankruptcy Code, 2016. Prior to the enactment of the Code, earlier insolvency & bankruptcy of individuals, firms or corporations in India was governed by a multi layered process which was stipulated under several legislations resulting in adjudication before multiple fora and eroding the economic value of the company. The Code is a big step towards strengthening investors’ confidence in the Indian debt market.
We act for local and international clients in debt recovery, restructuring and insolvency matters. We have a dedicated team who keeps abreast with the legal developments in the insolvency resolution regime. Sound and effective insolvency resolution advice involves integration of experience and knowledge and our robust litigation and banking practice enables us to cater to the needs of corporate creditors, banks and agencies lending funds, investors including financial investors and corporate debtors on debt restructuring, rescheduling and formal insolvency procedures.
We provide advice on environmental laws, rules and regulations, governmental incentives available to further environmental interests, including tax credits, grants and land use provisions. Our law firm advises its clients on regulatory compliances related to environment protection laws. Our attorneys have in depth knowledge on The Environment (Protection) Act, 1986, The Water (Prevention and Control of Pollution) Act, 1974, The Air (Prevention and Control of Pollution) Act, 1981, The Public Liability Insurance Act, 1991, Biological Diversity, 2002 etc. Our law firm has assisted companies such as ZTE Telecom (India) Pvt. Ltd, Anantraj Industries Ltd etc., in developing policies, procedures and systems, obtaining No Objection Certificates (NOCs) from Pollution Control Boards (both central and state) under Air and Water Pollution Acts, minimizing the risk of damage to their corporate reputation by helping them establish a name for responsible environmental stewardship. Our law firm also advises clients on environmental market transactions (carbon trading).
Antitrust and Competition
Our lawyers have handled various matters in competition law space in India, and have represented clients (informants and defendants) before competition authorities (Competition Commission of India and Competition Appellate Tribunal) in India as well as Supreme Court of India.
The firm has extensive experience in this practice specializing in sectors such as technology, telecommunications, media and broadcasting, transport, chemicals, energy, financial services, retail, consumer goods and life sciences.
The firm's expertise ranges from a whole range of competition and anti-trust issues including:
Cartels and anti-trust investigations;
Abuse of dominant position;
Merger control regulations;
Bidding and public procurement;
Commercial agreements (such as distributor/ agency agreements, joint venture agreements, cooperation agreements, licensing agreements etc.);
Competition law compliance strategies, programs and audits; and
Banking and Finance
The firm has expertise in the entire spectrum of financial products, including project finance, leveraged finance, distressed debt transactions, debt restructuring, acquisition finance, syndicated lending and structured products. We have advised clients on established as well as emerging products developed in a fast-changing and dynamic legal and regulatory environment. We have a keen commercial understanding of what our clients seek to achieve, the quality of our documentation and our ability to deliver a high value service within tight timeframes. We advise all major public and private sector banks, financial institutions, multinationals, domestic banks, multilateral agencies and non-banking financial companies on their domestic and cross-border transactions and provide a focused, pragmatic approach, with fee transparency and highly effective, technology driven transaction management. Clients rely on us for the depth and breadth of our expertise, our intellectual rigour and our proven track record of finding solutions to implement on the transactions we work on.
Data Protection and Privacy
The capabilities to create, use, store, and transfer data has been one of the major and ever-changing developments of the recent decades. However, the challenge is in securely handling the information as data management is becoming increasingly complicated. This is more so because of the cross-border transportation of sensitive personal data, and the multi-jurisdictional and cloud-based storage of data and the involvement of various national and international laws. Therefore, understanding and implementing a legally compliant and practically viable data protection infrastructure is extremely important for companies.
India’s data protection and privacy laws are relatively new, and in addition to the specific laws, various other domestic laws may also impact data protection and privacy in India. Therefore, a comprehensive and clear understanding of all applicable Indian laws is very significant for international companies exchanging any data or information with Indian counterparts.
The Firm has significant experience in counselling international clients on issues related to data protection and privacy in India. Our attorneys regularly represent a variety of businesses on a number of complicated transactions, thereby attaining in-depth knowledge about how different industries function, the specific concerns with respect to data and information management, and the practical aspects.
The clients range from industries such as banking and insurance, financial institutions, luxury goods, consumer goods, health care, payroll processing companies, pharmaceuticals, telecommunications and internet service providers, credit research agencies, employee screening companies, etc.
Our data protection and privacy practice has grown as one of the best practices in India, based on the quality of deliverables, practical, clear and timely advice, and the ability to provide comprehensive business solutions in a legally compliant manner.
In addition to providing regular legal advice on issues involving data protection and privacy, we also assist a number of international companies on global privacy law projects that involve India, drafting and negotiating contracts with Indian counterparts, preparation of Indian law compliant data protection and privacy policies for international companies’ Indian subsidiaries.
We provide extensive support to our clients in the following areas:
Advising on processing data domestically, complying with the regulatory requirements and the disclosure of processing to data subjects.
Advising on transfers of sensitive personal data within and outside India.
Advising on security breaches and drafting security breach policies.
International compliance projects including implementing corporate rules and handling cross-border data flows.
Advising on prosecutions and offences, and on actions by the regulators.
Drafting legally compliant agreements, consent forms, etc.