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Looking beyond litigation for resolving disputes
Features

Courting mediation

The Singapore Convention brings hope to businesses looking for a faster route to dispute resolution
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Practitioner's Perspective

When should companies recoup pension fund losses?

Exempted employers have to make good on payment defaults by issuers only in the event of a shortfall in interest payout
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Practitioner's Perspective

Multiple dimensions of mediation

A good settlement strategy evolves depending on the interplay between different aspects of the dispute
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insolvency
Phoenix Legal

Insolvency rules issued for financial services providers

By Sawant Singh and Aditya Bhargava, Phoenix Legal
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HIRA
Vidhii Partners

Examining validity of West Bengal’s HIRA Act

By Vikram Wadehra and Nupur Rathi, Vidhii Partners
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company
Samvad Partners

Perils of company buyback in venture capital financing

By Siddharth Seshan and Tushar Gogoi, Samvad Partners
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tribunals
J. Sagar Associates

Tribunals are here to stay, but with improvements

By Amit Kapur, J. Sagar Associates
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fraud
Bharucha & Partners

Auditor’s professional lapses not fraud

By Karthik Somasundram and Sneha Jaisingh, Bharucha & Partners
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privacy
Hammurabi & Solomon

Privacy law and its commercial implications

By Manoj Kumar, Hammurabi & Solomon
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Essar
SNG & Partners

Something for everyone in the Essar judgment

By Aniket Sawant and Arvind Nagaraj, SNG & Partners
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rising star
Intelligence report

Rising Stars 2019

Jostling for position, arguably a useful skill when employed in moderation, has been elevated to a high art form in India, be it on busy highways or in professional life. While six or seven law firms dominate the legal market, a universe of medium and small firms of varying expertise and reputation are elbowing their way forward
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claims
Lakshmikumaran & Sridharan

Resolution of disputed claims in insolvency process

By Charanya Lakshmikumaran and Gopal Machiraju, Lakshmikumaran & Sridharan
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Spotlight

In the hot seat

Baker McKenzie’s first Asian global chair discusses India, trade war and the firm’s future
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insolvency
S&R Associates

Insolvency and related considerations for directors

By Shivaji Bhattacharya and Prateek Sharma, S&R Associates
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Investment
Spotlight

Open for business

Foreign investment requirements relaxed in single brand retail and other areas
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harassment
What’s the deal?

Progress against harassment

How courts are dealing with prosecutions of sexual harassment in the workplace
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patent
LexOrbis

Patent processes: Who carries burden of proof?

By Swati Gupta, LexOrbis
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trademark
LexOrbis

Rights ignored in optimising trademark processes

By Ruchi Sarin and Keya Joshi, LexOrbis
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encumbrance
Shardul Amarchand Mangaldas & Co

FAQs for encumbrance definition raise concerns

By Yogesh Chande and Preeti Kapany, Shardul Amarchand Mangaldas & Co
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vehicles
Sarthak Advocates & Solicitors

Are electric vehicles sparking into life at last?

By Abhishek Tripathi and Anura Gupta, Sarthak Advocates & Solicitors
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environment
HSA Advocates

EVs: Driving towards a sustainable environment

By Dipti Lavya Swain and Ketaki Dandiya, HSA Advocates
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Practitioner's Perspective

Guide to litigation strategies

By Sneha Jaisingh and Shreya Gupta, Bharucha & Partners
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FDI
L&L Partners

FDI reforms give embattled economy a shot in the arm

By Vaibhav Kakkar and Sahil Arora, L&L Partners
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tax
India Law Offices

Methods to levy indirect tax on e-commerce players

By Gautam Khurana and Mamta Saluja, India Law Offices
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leniency
Chandhiok & Mahajan

Taking a lenient approach to leniency

By Karan Chandhiok and Ruchi Khanna, Chandhiok & Mahajan
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news
Market pulse

News in Brief

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deals
Deal digest

Deals in Brief – November 2019

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partners
Market pulse

Kay Legal gives equity to 2 partners

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IndiGo
Market pulse

IndiGo GC in uncharted territory

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Hindustan
Market pulse

New GC at Hindustan Coca-Cola Beverages

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Total
Deal digest

Adani Gas sells large stake to Total

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Advent
Deal digest

Advent fully acquires lingerie brand Enamor

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IPO
Deal digest

Budweiser’s HK IPO includes Indian work

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Aakash
Deal digest

Blackstone takes stake in test prep company Aakash

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creditors
Dispute Digest

CJM can deal with applications of secured creditors

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proprietary
Dispute Digest

Sole proprietary concerns cannot file insolvency petitions

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nurse
Dispute Digest

Commercial use clarified for nurses’ residences

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Hotels
Dispute Digest

Hotels are liable for theft of guest’s vehicles

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data
Business Law Digest

RBI clarifies data localization norms

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payments
Business Law Digest

Retail payments to be first RBI sandbox grouping

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data
Business Law Digest

Committee to look into NPD governance

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board
Business Law Digest

Amended rules target board transaction powers

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tax
Business Law Digest

Tax evasion convention comes into force

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clinical forensics
Inbox

Revitalizing clinical legal education

Clinical legal education serves as the critical link between theory and practice
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exchange
Business Law Digest

Foreign exchange management rules notified

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tax
Vantage point

Take the chains off business

Recent moves to decriminalize violations of corporate and tax law are welcome
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India Business Law Journal
Leader

The future of leadership

Call to action for best and brightest
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india law firm fee 2019
What’s the deal?

Law firm billing rates survey 2019

Rising fees and falling margins
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Future of India's leading law firms: India’s corporate law firms have invested so much. What will happen to India’s iconic law firms when the time comes for their well-known partners to bow out
Features

Framing a future

Succession planning at India's iconic law firms
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Intelligence report

The A-List 2019

The fourth annual edition of the A-List is a continuation of India Business Law Journal’s efforts to recognize India’s most outstanding lawyers. This year, in order to acknowledge the grandees of the legal profession, as well as recognizing our regular 100 A-List of highly talented practitioners, we identify 35 legal “icons”.
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ECB
Phoenix Legal

Tweaks to ECB directions helpful, but clarity needed

By Sawant Singh and Aditya Bhargava, Phoenix Legal
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GST
India Law Offices

Managing your GST for cross-border transactions

By Rajesh Kumar and Abhishek Hans, India Law Offices
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Greenko
The Wrap

Greenko issues Asia’s largest green bond this year

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Energy
Sarthak Advocates & Solicitors

Energy DRM adds more confusion than clarity

By Abhishek Tripathi and Mani Gupta, Sarthak Advocates & Solicitors
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IBA
The Wrap

IBA’s first Korea conference aims for more APAC support

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Carey Olsen
Market pulse

Carey Olsen hires finance partner in HK

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Chow
Market pulse

King & Spalding hires arbitration specialist

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Morrison
Market pulse

Morrison & Foerster adds energy partner

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Withers
Market pulse

Withers hire boosts funds practice

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Sidley Austin
Market pulse

Sidley Austin expands China corporate practice

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Tokyo
Market pulse

Norton Rose adds corporate in Tokyo

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deals regulatory
Market pulse

Deals in brief – October 2019

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news
Market pulse

News in Brief

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intermediaries
Shardul Amarchand Mangaldas & Co

How much regulation can intermediaries bear?

By Shilpa Mankar Ahluwalia, Shardul Amarchand Mangaldas & Co
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investigation
Chandhiok & Mahajan

New dawn for CCI’s investigation techniques

By Karan Chandhiok and Lagna Panda, Chandhiok & Mahajan
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SEBI
SNG & Partners

Recent SEBI amendments to pledge disclosures

By Jyotika Bajaj and Medha Unadkat, SNG & Partners
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cblj
Market pulse

Second CBLJ Forum to be held in Shanghai

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cblj
The Wrap

CBLJ Forum comes to Shanghai

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insolvency
Market pulse

UK firm hires Indian insolvency specialist

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IBA
Market pulse

IBA holds first annual conference in Korea

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counsel
Market pulse

Senior counsel joins UK chamber as door tenant

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DMD
Market pulse

DMD Advocates hires economics director

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advent
Deal digest

Advent buys out DFM foods

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aditya
Deal digest

Advent leads US$300m fundraise by Aditya Birla

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insolvency
Hammurabi & Solomon

India at crossroads with cross-border insolvency

By Shweta Bharti and Sukrit Kapoor, Hammurabi & Solomon
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iTerm
LexOrbis

iTerm too descriptive for internet insurance policies

By Keya Joshi, LexOrbis
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patent
LexOrbis

The risk of giving ground in patent applications

By DPS Parmar, LexOrbis
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Shardul Amarchand Mangaldas & Co

Acquisition of companies through share swaps

By Jay Gandhi and Abhishek Parekh, Shardul Amarchand Mangaldas & Co
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assets
Vidhii Partners

Stumbling blocks when buying stressed assets

By Vikram Wadehra and Soumava Ghosh, Vidhii Partners
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writing
Vantage point

Lose the legalese please

Many lawyers overlook the usefulness of effective writing
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arbitrate
Bharucha & Partners

Non-signatories of a group are bound to arbitrate

By Karthik Somasundram and Shreya Gupta, Bharucha & Partners
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reforms
Business Law Digest

Tax reforms introduced to stimulate economy

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SEBI
Business Law Digest

SEBI updates foreign portfolio regulations

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Spotlight

A fine balance

Merging the wants of employers and employees is no easy task
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RERA
Dispute Digest

Remedies under CPA, RERA are concurrent

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Dispute Digest

Fraud allegation cannot nullify arbitration agreement

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S&R Associates

Conflicts of interest of investor nominee directors

By Mohit Gogia and Rachita Bhat, S&R Associates
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HSA Advocates

Solutions to PPP challenges in infrastructure sector

By Amit Ronald Charan and Rashi Arora, HSA Advocates
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arbitrator
Dispute Digest

Supreme Court holds that company director can nominate arbitrator

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arbitration
Dispute Digest

Courts must restrict role to determining existence of arbitration agreement

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committee
Lakshmikumaran & Sridharan

Evolution of the committee of creditors’ authority

By Charanya Lakshmikumaran and Gopal Machiraju, Lakshmikumaran & Sridharan
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ECB
L&L Partners

IBC to lure foreign funds following ECB reforms

By Sameen Vyas and Vishrut Kansal, L&L Partners
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law
Inbox

Law students and the thirst for internship

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law firms
Intelligence report

State of play

Indian law firms face a daunting pace attack from big accountancy firms amid a slow-wicket economy. On top of this, in-house counsel are facing up to more work internally, leaving less for law firms.
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India Business Law Journal
Leader

Pushing boundaries

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Korean
Athena Legal

MSME policy and Korean investment in India

By Rajat Prakash and Siddharth Mahajan, Athena Legal
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sandbox
Vantage point

Innovative play in the sandbox

Insurance regulators need to adopt a flexible approach to startups
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mergers
What’s the deal?

Dial M for merger

Competition law: Assessing global TMT mergers
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Intelligence report

An Asian mosaic

Senior women lawyers across Asia share personal stories of successes, struggles and strategies for a more inclusive legal profession.
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SCRA
Shardul Amarchand Mangaldas & Co

The validity of options under securities law

By Shailaja Lall and Shivangi Talwar, Shardul Amarchand Mangaldas & Co
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FDI
Samvad Partners

Searching for answers in new FDI proposal

By Vineetha MG and Srabonee Roy, Samvad Partners
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artificial intelligence
Spotlight

The AIs have it

AI's rise demands regulatory reboot
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investments
L&L Partners

Overseas investments by residents face policy gaps

By Vikrant Kumar, Vasudev Dibbur and Bissheesh Roy, L&L Partners
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Fintech
Shardul Amarchand Mangaldas & Co

Changes to expect in fintech with digital KYC

By Shilpa Mankar Ahluwalia and Himanshu Malhotra, Shardul Amarchand Mangaldas & Co
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Supreme Court
Bharucha & Partners

Equal treatment of all parties to legislation

By Karthik Somasundram and Sneha Jaisingh, Bharucha & Partners
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PPA
Sarthak Advocates & Solicitors

Enforcing PPA: Guarding against unilateral change

By Abhishek Tripathi and Anura Gupta, Sarthak Advocates & Solicitors
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trading
S&R Associates

Closing trading windows: To trade or not to trade

By Jabarati Chandra and Pratichi Mishra, S&R Associates
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Phoenix Legal

Mandatory benchmark linking a good move

By Sawant Singh and Aditya Bhargava, Phoenix Legal
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amendments
Hammurabi & Solomon

A commercial primer on 2019 amendments to IBC

By Shweta Bharti and Katyani Mahendru, Hammurabi & Solomon
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railway
HSA Advocates

PPP model for railways – the viable future option?

By Geeta Saha, Mrinal Vashishtha and Shivam Jatadhari, HSA Advocates
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Amrapali
SNG & Partners

SC Amrapali judgment: A warning for lenders

By Soumyajit Mitra and Mohit Yadav, SNG & Partners
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Patents
LexOrbis

Patents of addition lack examination procedures

By Preeti Sharma, LexOrbis
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LexOrbis

Growing role of declaration of non-infringement

By DPS Parmar, LexOrbis
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subsidiary
Inbox

Retaining the independence of a subsidiary

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Vidhii Partners

Charitable trusts: Validity of property transfers

By Vikram Wadehra and Vidushi Chokhani, Vidhii Partners
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Features

Rebuilding trust

Interview with MahaRERA chief Gautam Chatterjee
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India Business Law Journal
Leader

Mixed fortunes

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ADB
Vantage point

A legal legacy

Outgoing GC says governance reforms afoot at ADB
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Argus
Market pulse

Litigator joins Argus’ partnership

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Pradeep Kumar Kamal and Pankaj Musyuni, LexOrbis
LexOrbis

Ensuring technology transfer between industry, academia

By Pradeep Kumar Kamal and Pankaj Musyuni, LexOrbis
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Market Pulse

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Practitioner’s perspectives

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Zero tolerance on inaction by intermediaries regarding content harmful to children

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Managing founder disputes in startups

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global privacy law

Navigating global privacy laws: Best practices

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Seen to be green

As environmental consciousness grows, using green catchphrases can be tempting for companies to mislead consumers

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