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India Business Law Journal - November 2019

Volume 13, Issue 5

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Highlights:

In this issue

FAQs for encumbrance definition raise concerns

By Yogesh Chande and Preeti Kapany, Shardul Amarchand Mangaldas & Co

Rights ignored in optimising trademark processes

By Ruchi Sarin and Keya Joshi, LexOrbis
fraud

Auditor’s professional lapses not fraud

By Karthik Somasundram and Sneha Jaisingh, Bharucha & Partners
insolvency

Insolvency rules issued for financial services providers

By Sawant Singh and Aditya Bhargava, Phoenix Legal

In the hot seat

Baker McKenzie’s first Asian global chair discusses India, trade war and the firm’s future

claims

Resolution of disputed claims in insolvency process

By Charanya Lakshmikumaran and Gopal Machiraju, Lakshmikumaran & Sridharan
tribunals

Tribunals are here to stay, but with improvements

By Amit Kapur, J. Sagar Associates
creditors

Court rules committee of creditors is supreme

By Karthik Somasundram and Shreya Gupta, Bharucha & Partners
company

Perils of company buyback in venture capital financing

By Siddharth Seshan and Tushar Gogoi, Samvad Partners
Looking beyond litigation for resolving disputes

Courting mediation

The Singapore Convention brings hope to businesses looking for a faster route to dispute resolution

patent

Patent processes: Who carries burden of proof?

By Swati Gupta, LexOrbis
India Business Law Journal

An invisible crisis

Societies and economies are being crippled by a lack of trust

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

privacy

Privacy law and its commercial implications

By Manoj Kumar, Hammurabi & Solomon
Investment

Open for business

Foreign investment requirements relaxed in single brand retail and other areas

HIRA

Examining validity of West Bengal’s HIRA Act

By Vikram Wadehra and Nupur Rathi, Vidhii Partners
insolvency

Insolvency and related considerations for directors

By Shivaji Bhattacharya and Prateek Sharma, S&R Associates
rising star

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

Essar

Something for everyone in the Essar judgment

By Aniket Sawant and Arvind Nagaraj, SNG & Partners
harassment

Progress against harassment

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

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