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Contractual Notice Clauses and the Cost of Sending a Notice Incorrectly
Introduction : It can be said that a commercial right is as powerful as the notice that it relies on. Most contracts will require a written notice given in a prescribed manner to a prescribed person or entity for termination, indemnity claims, cure requests, and for the commencement of arbitration. If that email address delegated notice was sent to another person with the same surname, to someone who has departed the organization, or to another email address, the sender might
13 hours ago8 min read


Audit Rights in Commercial Contracts
Introduction : Where self - reporting of figures forms the basis of business transactions, whether for calculating royalties, licensing of software or revenue sharing, trust will only get you half the way. Without an audit mechanism for verifying the figures used, the mistake of mis-estimating finances or non-compliance will cause financial strain without you knowing for many years. That is where an audit right comes in as an answer. A well-crafted audit provision may act as
3 days ago9 min read


AI Governance and Confidential Data in Law Firms
Introduction : Artificial intelligence has moved quickly from an experimental tool to part of everyday legal work. Lawyers now use AI for research, first drafts, document review, translation, chronologies, and transaction support. But for law firms, the benefits come with a familiar professional question : how do we use a powerful technology without weakening the confidentiality that clients place in us? The answer is not to prohibit AI altogether. It is to govern it delibera
3 days ago8 min read


Business Ethics Clauses in Supplier Contracts : Turning Responsible Conduct into Enforceable Obligations
Introduction : The firm is never independent of those people and other entities who help by supplying raw material and components, logistics, technologies, and any other services to make the firm work. Hence, the behaviour of the supplier can pose a threat to the business of the buying firm. Unreported payment of kickback for securing a government contract, unsafe working conditions, illegal exploitation of children labor, fake invoices, or retaliation to the complainant can
3 days ago8 min read


Beyond Deal Closure: Navigating Post-Closing Integration Challenges in Indian M&A Transactions
Introduction : Closing structure and post-closing integration obligations in M&A transactions heavily influence the provisions of the operative transaction agreement and hence should be considered early on in the deal negotiation process. The terms and conditions of an agreement vary depending on whether the transaction is structured as a simultaneous signing and closing or as a deferred closing, so it is very important to understand the difference between the two. A simultan
6 days ago8 min read


Artists Keep Winning the Case yet, Losing the War
Introduction : My dream of becoming an artist was hushed down when the people around me echoed that it’s not a safe career for earning enough to sustain. I still think of pursuing art but those words are now working out like prophecy, not because artists lack talent, but because the AI systems now learning from their work were never asked for permission. Every few months, a court somewhere in the world is asked the same question, “Can an artificial intelligence system own the
Oct 1410 min read


Convertible Notes and SAFE-Style Instruments in India
Introduction : Early-stage start-ups often struggle to agree upon a price for their equity. Priced rounds are time-consuming and costly, which encourages investors and founders alike to defer valuation. Early-stage financing therefore frequently employs instruments such as the convertible note and the iSAFE to postpone valuation discussions until a later round. A convertible note is a legally recognised debt instrument that converts into equity upon the occurrence of specifie
Oct 149 min read


Software Escrow as a Business-Continuity Tool
Introduction : In today’s world organisations have become primary users of software applications in this digital environment to offer their services and also to have a competitive edge. This dependency also poses major risks if the vendor goes bankrupt, is acquired, fails to provide support, or any other anticipated events occur. Operational, regulatory compliance and trust of customers are all affected areas of impact that can be caused by these kinds of disruptions to organ
Oct 135 min read


Limitation of Liability Clause: What they should cover
Introduction : Contracts being mutually decided obligations between parties are enforceable by the court of law. This means once entered as per the statutory requirements, the defaulting party has to make good of losses incurred by an aggrieved party due to failure to perform such contractual obligation. Including a liability clause, in a contract, ensures the inclusion of liquidated damages, decided by the parties themselves. Such a liquidated damage is entitled to the party
Oct 1310 min read


Rethinking Performers’ Rights for AI-Generated Digital Personas
Introduction : A performer’s voice has traditionally been inseparable from the performance in which it is expressed. An actor speaks a dialogue, a singer records a song, and the law can identify a concrete performance, a recording and the economic rights attached to them. Artificial intelligence disrupts that relationship. A voice can now be extracted as a recognisable personal attribute, analysed through existing recordings and reproduced in an entirely new performance that
Oct 108 min read


Simultaneously Leveraging the Brand-New ASPECT Framework: A Practical Guide for Indian Businesses
Introduction : In today’s fast-paced commercial environment, intellectual property (IP) is no longer just a legal formality - it is a core business asset that drives valuation, competitive advantage, and market positioning. However, many Indian businesses, especially startups and SMEs, treat IP protection, contract management, compliance, and enforcement as separate, sequential activities. This siloed approach often leads to gaps in protection, missed commercial opportunities
Oct 86 min read


Shield, Not a Sword: Article 19(1)(g) and the Limits of Trader Monopolies
Introduction : With regard to the Indian commercial law framework, the issue of balancing the need to protect the established businesses and the entry of new entities in the market has always been a contentious one. While the former have always been vocal about their needs, the Judiciary has time and again held that the fundamental right to trade granted by Article 19(1)(g) of the Constitution does not allow them to take away rights of others. A recent Punjab and Haryana High
Oct 85 min read


Copyright and Digital Preservation of Indian Cultural Heritage: Ownership, Consent, and the Limits of Reproduction
Introduction : Enter any large Indian archive nowadays and you will find that conservation is turning into something much more like information technology : manuscripts scanned using high resolution techniques under raking light, oral epics captured to digital tapes, crafts documented frame-by-frame before the last generation of dying craftsmen passes the know-how on, or fails to. The National Mission for Manuscripts, a project of the Ministry of Culture currently reorganized
Oct 810 min read


Deconstructing “Material”: Materiality Scrapes Between Contractual Design and Judicial Defiance
Introduction : M&A contracts, like the Sword of Damocles, constantly hang over the parties to a transaction due to the various vicissitudes that govern the success of a securities deal. The time frame between the execution of the deal and its closing involves the acquirer in risk. If the intervening adverse event adversely affects the financial standing of the target, it could prove to make the buyer's original strategic and economic objectives a hollow gesture. To reduce thi
Oct 69 min read


Criminal Breach of Trust in Failed Commercial Transactions: Where Entrustment Ends and Civil Recovery Begins
Introduction : A business relationship goes bad. Money that was supposed to arrive does not arrive. Goods that were paid for are never delivered. Somewhere in that fact pattern, one side files a police complaint alleging criminal breach of trust, and suddenly a contractual dispute that would ordinarily be fought out in a civil suit is a criminal case, with an FIR, an investigating officer, and the very real possibility of arrest. This happens far more often than the law actua
Oct 610 min read


From Incentives to Intangibles: Semiconductor Layout-Design Protection under the SICLD Act, 2000
Introduction : India’s semiconductor policy has moved beyond the language of aspiration into physical production. In September 2026, the Ministry of Electronics and Information Technology reported that five semiconductor manufacturing plants had commenced commercial production, while the next phase of policy was being directed towards design, materials, fabrication, advanced packaging, research and talent. That development makes an older part of India’s intellectual property
Oct 56 min read


DPDP Act, Trade Secrets and Algorithmic Confidentiality in Indian FinTech
Introduction : Financial technology businesses increasingly derive their competitive advantage from information. A digital lender may use a proprietary credit-scoring model, a payments platform may develop fraud-detection systems around transactional patterns, and an account-based service may rely on sophisticated customer segmentation. Alongside these technologies sits personal data belonging to borrowers, account holders and users. The same technological ecosystem can there
Oct 18 min read


Pending Schemes, Pressing Creditors: What Omkara Means for Restructuring Strategy
Introduction : A company in financial distress that is already attempting to restructure its debts through a scheme of arrangement, might believe it is already taking action, while creditors may not be willing to wait for the restructuring process to conclude. The company pursuing a scheme might expect that because restructuring proceedings are already before a court, parallel insolvency proceedings should not be allowed to disrupt them. But can a creditor invoke IBC on an on
Oct 17 min read


Beyond Human Creativity Rethinking Intellectual Property in The Age Of Artificial Intelligence
Introduction : The essay explores the myriad legal conundrums arising from the gradual adoption of Artificial Intelligence in public, professional, and creative spheres to conceive of various categories of Intellectual property. The essay re-iterates quintessential intellectual quandaries regarding ownership rights in Generative AI’s training models and algorithms, and whether works created using AI would be eligible under cyber law and international law to gain copyright pro
Sep 3012 min read


The Legality of Multiplex Boycotts in the Age of Streaming
Introduction : Recently, the Carnatic region was caught in a strife between its Multiplex Association and the Producer’s Council. The discord was rooted in a question asked by filmmakers across the country: “Can Producers push for Over-The-Top (OTT) Releases within four weeks of a theatrical release, or must there be a mandatory eight-week window?” If so, “What rights do Film Exhibitors and Producers have?” The traditional film was shot and released in theatres, where it cel
Sep 286 min read
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