ArticleIndependent Directors: Long Way To GoOver the years, the SEBI and Ministry of Corporate Affairs are continuously focusing on incorporating corporate governance principles into the regulatory framework governing listed companies.IndiaCorporate/Commercial LawPSA
ArticleThe Changing Face Of Corporate Crime LiabilityA corporation is a separate legal entity in law and exposed to liability, civil and criminal, for any wrongdoing. The latter is premised on the maxim actus non facit reum nisi mens sit rea which means an act...IndiaCorporate/Commercial LawPSA
ArticleLaw On Overtime Wages Under The S&E Acts – A Toothless Provision?India is one of the fastest growing economies in the world with an equally staggering workforce. With this, the rights and obligations of employers and employees take center stage.IndiaEmployment and HRPSA
ArticlePOSH Law Compliance In India: Navigating Intent, Practice, And ReformThe enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) marked a watershed moment in India's pursuit of safer, more equitable workplaces. IndiaEmployment and HRPSA
ArticleTermination Of Employment During SecondmentAs secondment has become increasingly common, it has given rise to a multitude of related questions emanating from employment matters, including, among others the right to terminate the employment of a seconded employee.IndiaEmployment and HRPSA
ArticleData & Privacy Both Matter: No Step Forward, Countless Steps BackwardsThe need to address modern privacy issues and protect data privacy rights is a global trend and necessity.IndiaPrivacyPSA
ArticleCompliance: It Is Not Just A Check Box!The Companies Act, 2013 ("Act") prescribes comprehensive compliance requirements for organizations. It categorizes violations as civil or criminal, subject to penalties or fines and/or imprisonment. Prior to 2018, most violations under the Act were criminal in nature, often resulting in onerous and severe penalties for even minor procedural lapses.IndiaCorporate/Commercial LawPSA
ArticleThe Companies Act 2013 - Changing India Inc....On August 30, 2013, the Companies Act 2013 was finally notified thereby putting an end to a long wait for a comprehensive legislation that is expected to herald a new era in corporate governance and change the way India Inc. functions. IndiaCorporate/Commercial LawPSA
Article"Workman" Under Industrial Disputes Act, 1947The concept of workman is central to the concept of an industrial dispute as an industrial dispute can be raised either by a "workman" or an "employer." IndiaEmployment and HRPSA
ArticleFDI Reforms Version 2.0: Real Or NotionalOn June 7, 2016 the Department of Industrial Policy & Promotion ("DIPP") under the Ministry of Commerce issued the consolidated foreign direct investment or FDI policy.IndiaGovernment, Public SectorPSA
ArticleWhat’s In A Brand Name? Ask Companies!Brand name establishes a correlation between the products of the company and the minds of the consumer. IndiaIntellectual PropertyPSA
ArticleClass Action Suits: Notified Yet AmbiguousOn June 1, 2016, the Ministry of Corporate Affairs, notified section 245 of the Companies Act, 2013 ("CA 2013"), enlisting the provisions of class action suits in India. IndiaLitigation, Mediation & ArbitrationPSA
ArticleIndia’s Controversial Land Acquisition LawsOn March 10, 2015, the controversial amendments to the land acquisition law were finally passed by the Lok Sabha after facing severe criticism both from the opposition parties as well as from the government's own allies.IndiaReal Estate and ConstructionPSA
ArticleAnti-Corruption: If You Are Not Part Of The Solution; You Are The ProblemFighting corruption in India has entered a new phase. In recent times, newspapers are filled with reports and analyses of alleged acts of bribery common in India. IndiaCriminal LawPSA
ArticleFrom Office To Courtroom: How Restrictive Covenants Hold UpIt is common for employers to include restrictive covenants in employment contracts such as exclusivity, non-compete and non-solicitation.IndiaEmployment and HRPSA
ArticleThe New Labor Codes – Revolutionary Change Or Repeated Mistake?A well-balanced mutually conducive relation between an employer and employee is necessary for the effective functioning of an organization.IndiaEmployment and HRPSA
ArticleSteel, Seizure & Statutes: The Tug Of Laws In Kalyani Transco CaseThe Supreme Court's ruling in Kalyani Transco v. M/s Bhushan Power & Steel Ltd. & Ors. addresses whether procedural irregularities that occur during the Corporate Insolvency Resolution Process are sufficient to undo an approved resolution plan under the Insolvency and Bankruptcy Code, 2016.IndiaInsolvency/Bankruptcy/Re-StructuringPSA
ArticleArbitration: An Emerging Litigation!In today's business contracts, arbitral provisions are preferred due to various factors.IndiaLitigation, Mediation & ArbitrationPSA
ArticleTermination Of Arbitrators: Judiciary Sets The BarFair adjudication of disputes is dependent on unbiased judges. In arbitrations where the parties nominate arbitrators, it is necessary to ensure that they are capable of passing awards in a fair manner.IndiaLitigation, Mediation & ArbitrationPSA
ArticleOverview Of The EU US Transatlantic Data Transfer – Part IOn July 10, 2023, European Commission ("EC") adopted the EU-US Data Privacy Framework ("DPF") for regulating transatlantic data transfers.WorldwidePrivacyPSA