TMT Law Practice > Firm Profile

ABOUT OUR FIRM

TMT Law Practice is a boutique, mid-size law firm offering a wide array of services in the Technology, Media and Telecommunications sectors. The firm’s services include practice area offerings such as Intellectual Property, Dispute Resolution & Arbitration (including White Collar Crimes), Regulatory Litigation & Advisory, Corporate/Commercial and Transactional support, Competition Law, Insolvency & Bankruptcy, Employment Law and Policy and Legislative support across industry verticals. The Firm represents a broad range of clients including Fortune 500 companies, as well as MSMEs and Start-ups.

While the firm engages in the practice of the conventional domains of law, it is also heavily invested in the niche, emerging areas of practice including Technology, Space and Aviation; Pharma, Life Sciences and Healthcare; Data Privacy and Protection; Sports; E-commerce and Cybersecurity; IoT and AI; FinTech, HealthTech and AgriTech.

Abhishek Malhotra, the Founding Partner of the firm, graduated from National Law School India University, Bangalore. He went onto earn an LLM degree from the Franklin Pierce School of Law, USA and was admitted to the Bar in the State of California. Since then, he has gathered nearly two decades of experience in India, practicing as an Advocate, with strong expertise in Intellectual Property, TMT, as well as Commercial Disputes. The other partners include Aahna Mehrotra, who heads the Sports Practice; and Sapna Chaurasia who leads the Mumbai office, is also the practice lead for Media & Entertainment. Bagmisikha Puhan, an Associate Partner in the Delhi office leads the Healthcare practice of the firm. We also rely upon our network of Of Counsel, Rajeev Parashar (leading the Corporate/Commercial and Transactional Practice), Deepak Biswas (Banking & Finance, Insolvency and Employment Laws) and Ricab Chand, takes care of litigation matters in Bangalore.

The Firm stresses on developing well-rounded, solution-oriented professionals, who specialise in client-focused service delivery.

The Firm’s practice combines an interdisciplinary team of litigators and transactional attorneys that advise prominent Technology, Media & Telecommunications businesses.

Within the TMT space, we represent clients across the following Specialist Sectors:

• MEDIA & ENTERTAINMENT

The entire spectrum of the Media and Entertainment industry, including OTT, Television, Films, Radio, Music, Print, Events, Fashion and Art. The Firm works with domestic as well as international clients in rendering advisory, support and litigation services which are peculiar to the media and entertainment sector. The Firm’s lawyers have worked as in-house counsels at Media companies, and hence offer sector-centric expertise. The Firm represents industry associations across the film, television, events and radio domains. Lawyers at TMT Law Practice have advised on end-to-end production agreements and negotiations; broadcasting regulatory issues at the Supreme Court of India and the TDSAT; Liability of OTT platforms and News channels arising out of Intermediary Guidelines, 2021; cross-border M&A; precedent-setting litigation, especially in the music licensing domain; and the like.

• SPORTS & GAMING

The Sports & Gaming sector, where our lawyers have been at the forefront of delivering solutions to National Sports Federations, League Owners of Professional Leagues, Sports Management Companies, Sportspersons and Broadcasters. Sports is an emerging area of practice in the country, both from the business as well as the legal standpoint. Our lawyers, however, have been at the forefront of discharging quality legal advice to this nascent practice area. In addition to the advisory services, our lawyers have created a large body of work in terms of developing the legal structure, including through policy / regulatory intervention. The Firm has also been at the forefront of advising on legality and operational aspects of fantasy sports, e-sports and Real Money Gaming.

• TECHNOLOGY

A wide variety of Technology industries, such as Fintech, E-commerce, Intermediaries, Digital Healthcare & Pharmaceuticals, Unmanned Aerial Vehicles, Artificial Intelligence, Data Protection & Cybersecurity, Commercial Space, AgriTech and Information Technology & IT Enabled Services.

• DATA PRIVACY

With a volatile regulatory environment around information technology and Data Privacy in the country, the industry-wide feeling of vulnerability vis-à-vis alignment of their operations with the regulatory frameworks of several jurisdictions is real. Our team of lawyers is efficiently bridging the gap, by constantly interacting with the government representatives through think tanks on policy and regulatory issues. Our lawyers have experience in assisting in-house teams to implement the GDPR. We have rendered opinions on the domestic data privacy and protection requirements and have also represented clients in landmark cases pertaining to the right to privacy, which in turn sparked the debate around need for data privacy and data protection laws in the country. We have advised multiple businesses on compliance with the applicable data privacy and protection laws, along with focus on delivery of handholding solutions for implementation of the privacy measures at an enterprise level.

• FINTECH

The Firm has worked with several start-ups as well as larger companies in navigating through the regulatory landscape of the FinTech sector in the country. As the sector is one of the most heavily regulated, and is a high-at-risk sector, the lawyers at the Firm have always believed in providing a handholding exercise to the clients, enabling them to implement the legal compliance requirements without any internal or external resistance.

• HEALTHCARE

Having worked with the NITI Aayog on the Telemedicine Practice Guidelines, 2020, and also leading the regulatory and policy conversations in relation to the Digital Healthcare and pharmaceutical sector, we are recognized as the go-to firm for issues that have arisen with the digital healthcare push by Government and industry alike. The attorneys at TMT Law Practice not only have extensive litigation experience in these areas but also have a keen understanding of the key requirements and concerns around clinical trials, liability, and insurance.

• TELECOMMUNICATIONS

The dynamic Telecommunications sector and service providers therein, especially Telecom, Satellite, Commercial Space, In-Flight and Maritime Connectivity, VNO, and the like. The Firm has worked with domestic as well as overseas players in rendering advisory, support and handholding services specific to the nascent commercial space sector. The Firm has worked with international satellite operators and service providers, in advising them on their new service offerings, their negotiations with DTH service providers and other “consumers” of satellite services; and on making representations to the Directorate General of Civil Aviation, Ministry of Civil Aviation, Department of Telecommunications and Telecom Regulatory Authority of India with respect to permissions around in-flight and maritime connectivity, Spacecom Policy, Space Transportation Policy, Remote Sensing Policy, Geospatial Policy and the like. The lawyers at the firm are regularly consulted on regulatory issues surrounding the telecom industry, including 5G, Orbital permissions, etc.

For the aforesaid industries and clients, our lawyers offer an array of services across a variety of Practice Areas, including:

• Corporate, Commercial, Secretarial and M&A

The Firm’s corporate and commercial team is unique in leveraging the experience of the Firm’s disputes resolution practice to offer practical advice and solutions. We have carved a niche in customizing our offering to suit the needs of different types of clients, including Family Offices, High Net Worth Individuals (HNIs), Medium and Small Enterprises (MSMEs), Start-ups, Limited Liability Partnerships (LLPs), and the like. Our M&A practice has a proven track record of representing clients in investments and debt structuring, share and asset acquisition and disposal transactions. We have assisted clients across a variety of industries including gaming, media, software, pharmaceuticals, e-commerce, education and infrastructure. Many of these transactions involved complex and novel structures and are multi-jurisdictional. Working closely with specialists in the areas of finance, taxation and accounting enables us to add value to any transaction and effectively handle sophisticated transactions of different levels.

• Intellectual Property

The intellectual property law practice at the Firm encompasses all facets of IP, i.e., patents, trademarks, copyright, designs, trade secrets, right of publicity; and the service offerings include litigation, prosecution, advisory, enforcement and management of intellectual property rights. Notable matters/representations include:

• First and only case of fixation of music royalty under a compulsory and statutory licensing regime;
• First case on Standard Essential Patents;
• First John Doe order granted by the Courts in India with respect to piracy by cable operators and websites;
• First case of enforcement of right of publicity by a celebrity;
• Represent clients in the prosecution and management of IP portfolios in India and overseas.
• Assist companies in strategizing around transfer of IP from one entity to another, while ensuring the tax structure and benefits inuring in favor of the company remains intact.
• Assist multinational corporations in structuring, negotiating and effecting their cross-border IP transmission agreements, with focus on services related to technical know-how, consultancy services and related.

• Dispute Resolution / Arbitration

The Firm’s USP is its dispute resolution practice and specifically, the experience of the lawyers in presenting cases themselves with minimum reliance on Senior Advocates. Our lawyers have experience in a diverse array of subject matters, and yet, have been recognized as leading practitioners in areas of commercial contract and corporate litigation, regulatory litigation, intellectual property, energy, media and entertainment, broadcasting and insolvency. The firm has represented clients in different fora, including the Supreme Court of India and the High Courts across the country, as also various Tribunals, such as the Competition Commission of India, the National Company Law Tribunal and Appellate Tribunal (which now holds additional charge of the Competition Appellate Tribunal), the Telecom Disputes Settlement and Appellate Tribunal, the Intellectual Property Appellate Board, the Appellate Tribunal for Electricity, the National Consumer Disputes Redressal Commission, etc. The firm has extensive experience in appearing for litigations of complex nature and its lawyers have handled various high-profile litigations before different fora across the country.

The Firm is also known for its services in the Alternate Dispute Resolution arena across wide variety of subject-agnostic commercial disputes. During this past year, the firm has:

• Successfully represented one of India’s leading hotel aggregators in an arbitral award whose value is USD 630 Million.
• Successfully represented a leading broadcaster in an international commercial arbitration at LCIA for the non-payment of license fee under a cross-border Channel License and Distribution Agreement.
• Represented a leading bulk messaging aggregation service provider on a dispute pertaining to recovery of dues.
• Represented a leading sports franchise owner on a determination of admissibility of an arbitration clause in an inadequately stamped agreement in a dispute with a sponsor.

• White Collar Crime

The White Collar Crime Practice of the Firm includes not only representation and advice in relation to matters that are initiated or pending before Courts of law or Tribunals, but also representation before investigation authorities such as the Enforcement Directorate, Serious Frauds Investigation Office, Economic Offences Wings of the various States, etc. Our lawyers have experience in advising on matters related to the Prevention of Money Laundering Act, Prevention of Corruption Act, Negotiable Instruments Act, Prevention of Food Adulteration Act, the Official Secrets Act, penal provisions of economic legislations such as Companies Act, Customs Act, GST Act, Public Gambling Act, Prize Competition Act, Information Technology Act, and the like;

• Public Policy & Regulatory Affairs

The political, regulatory, and legal landscape across the globe is posing several challenges to the businesses. We engage with clients closely to understand their business and the specific compliance requirements. It is no longer a ‘free’ world in the true sense if the word. Whether it is protectionism, terrorist threat, commerce, or plain vanilla demonstration of authority, we are now living in an increasingly Regulated world. Inherent in the decision to regulate is also the decision to forbear. In such an environment, we have, over the last 4-5 years, witnessed a sudden spurt in exercise of regulatory powers by the different departments of the Government. The TRAI, DOT, SEBI, DIPP, RBI, MIB, MeITY – have all been busy and have kept the businesses and the citizens equally engaged, both in a participative manner during the consultation process, as also as the beneficiary of the direct consequences of such regulation forbearance. TMT Law Practice is strategically positioned – both geographically (headquartered in the Capital – the nerve center of all policy-regulatory activity), as well as by virtue of having handled advisory as well as litigation work in the regulatory space, across sectors-ministries. Our lawyers are principal advisors to leading Think Tanks, and are often called upon to offer expert advice on matters of current importance by periodicals and the electronic media and have been on committees and working groups that have advised / offered assistance to government departments on critical and cutting-edge issues.

• Competition & Antitrust

The firm has engaged in various matters in the domain of Competition Law since the Competition Act, 2002 came into effect in 2009. We have advised clients on a variety of matters and provided services that have included filing Information/Complaints before the Competition Commission of India (“CCI”), contesting Information/Complaints at the prima facie stage and final stages. We have also assisted clients during the process of investigation before the Director-General, CCI (“DG”). The Firm has also been engaged by clients in the appellate process where we have either appealed against orders passed by the Competition Appellate Tribunal or have defended CCI orders before the Competition Appellate Tribunal or the High Court and the Supreme Court of India. Our lawyers have also advised the CCI as also the office of the DG, on issues of ongoing and current importance to assist with the investigation and / or determination of market dominance. We regularly advise clients on opinions to review agreements/actions from the perspective of compliance of the terms of the Competition Act, 2002, including on issues such as abuse of dominance in the electronics business, broadcasting industry, digital gaming, digital health, sports business, etc.

Spotlights

TMT

The Firm’s practice combines an interdisciplinary team of litigators and transactional attorneys advising some of India’s most prominent media, entertainment, and communications companies and individuals. We represent clients across the entire spectrum of the media and entertainment industry, including television, films, radio, music, print and publications, events, fashion, arts, OTT platforms, etc. Sports is a sunrise sector, where our lawyers have been at the forefront of delivering solutions that are legally sound and commercially feasible with respect to governing bodies, sports federations, league owners, sports management companies, sportspersons, broadcasters, and, specialist dispute resolution mechanism.

 

Press Releases

TMT Law Practice represents India’s largest vernacular Gaming platform, WinZo, in Series C funding round where the company raised USD 65 Million from Griffin Gaming Partners

12th July 2021

The Underdog Story!

Today we announce $65MM Series C financing led by Griffin Gaming Partners. It's a remarkable feat as our business turns well capitalized to fuel our growth ambitions. With so much capital getting deployed over the last couple of months in the ecosystem, it must be quite bewildering for many to get their head around what it really takes for teams to make the cut.

Legal Developments

EVOLUTION OF ESPORTS – A TRANSACTIONAL VIEW

13th September 2021

Introduction

Owing to the dismal happenings around us caused by a pandemic, the year 2020 had horror in store for every sector, across industries and jurisdictions. The world stood still and suddenly, there was no sporting event to attend, no new movie release in a theatre next door, no live performance/s and no schools, and the world was stuck inside their houses – for survival.

What To Do When You’re Broke: The Laws Governing Personal Bankruptcy In India

18th August 2021 The ongoing pandemic and the related economic downturn have affected most citizens of the country and distressed the finances of even the best financial planners amongst us. Despite the moratorium offered by banks, the successive lockdowns in different parts of the country and the continued suspended functioning of markets have caused several businesses to struggle to make ends meet. The high unemployment rate, saturated demand in many sectors, and low GDP growth rate has rendered many persons unable to meet their debts.

Primer on Pre-Packaged Insolvency Resolution Process under the Insolvency & Bankruptcy Code, 2016

28th June 2021 Introduction The Hon’ble President of India promulgated the Insolvency and Bankruptcy Code (Amendment) Ordinance, 2021 on the 4^th of April 2021 (“Ordinance”)[1] to introduce the much-awaited Pre-Packaged Insolvency Resolution Process (“PPIRP”) under the newly inserted Chapter-IIIA of the Insolvency and Bankruptcy Code, 2016 (“IBC”) primarily to allay the concerns of small entrepreneurs whose businesses have been ravaged by the Covid-19 pandemic induced disruptions across the nation. The notification[2], rules[3], and regulations[4] for proper and smooth functioning of the PPIRP have also been introduced immediately after the passing of the ordinance.

POSTHUMOUS SURVIVAL OF PRIVACY & PERSONALITY RIGHTS: PART 2

2nd June 2021

Introduction:

In Part 1 of this article, the author carved out the distinction between privacy rights, publicity rights and the right to reputation and established that the right to personality/publicity flows from the right to privacy. While the Supreme Court of India in the Puttaswamy case[1] has clarified that privacy rights do not survive the death of an individual, the question that remains is: Even though personality/ publicity rights flow from the right to privacy, owing to the difference in their nature, can publicity rights survive the death of an individual even though the right to privacy does not?

POSTHUMOUS SURVIVAL OF PRIVACY & PERSONALITY RIGHTS: PART 1

2nd June 2021

Introduction:

Every individual is entitled to various rights during his lifetime, of which, one of the most basic, is the right to privacy. Closely related and connected with privacy, is the right of each individual to protect his reputation, as well as to prevent the use of his personal and identifying attributes. While reputation and personality are both derived from, and fall under the umbrella of privacy, the lack of specific legislation in India, to carefully differentiate between these rights, often results in the dissolution of their delicate boundaries, and thus, their interchangeable use and combined treatment. With the advancement of technology and increase in social media presence, there is an increased awareness amongst individuals to protect their privacy, reputation and use of their attributes, and accordingly, a rising need to distinguish these rights from each other, from a legal enforcement perspective. Further, recent cases on this subject have also prompted the question of whether such rights continue to survive after an individual’s death.