INSIGHTS

Introduction : When co-founders of a startup set up a company, they normally get ordinary paid-up equity as shares. When one of them leaves the company too soon but has a big stake in it, it may cause an inconsistency between his contribution and ownership, disadvantageous to the remaining founders and making future fundraising difficult. In order to eliminate this problem, shareholder agreements usually provide for certain conditions of share vesting, also known as “reverse

Introduction : Imagine that foreign skincare company that set up shop in India. A distributor is hired, the first container is loaded in the boat, and the sales are rolling. But three years down the road, the bond breaks and the company is forced to replace the distributor. Too late-its brand name appears on the Indian trademarks register as belonging to the distributor. This is not some distant fairy tale. It’s quite common enough that just about every trademark attorney has

Introduction : Have you ever wondered what you would do if someone searching for your brand on Google ended up on your competitor's website? How would you react to it ? And it is actually happening. Hindware, a well-known manufacturer of sanitaryware and bathroom fittings, discovered that users searching for its brand name were being redirected to competitors through Google advertisements. But the question before all of us is how would it really happen? When the brand wants G

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

Introduction : The trademark disputes, where a suit can be filed, is often as important as the claim itself. The jurisdiction of courts in trademark disputes has become an increasingly important procedural question in Indian intellectual property litigation with time. While Section 134 of the Trade Act, 1999, specifically provides for suits concerning infringement of registered trademarks and passing off to be instituted before a District Court having jurisdiction, the provis

Introduction : One of the most important structural reforms in Indian commercial law is represented by the Insolvency and Bankruptcy Code, 2016 (hereinafter referred as IBC). The primary purpose of Insolvency laws is to secure relief to the debtor from the harassment of creditors whose obligations they failed to fulfil, while helping the creditors to recover debts efficiently. IBC was enacted to consolidate the fragmented and complicated insolvency regime and overcome the per

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

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

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

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

Introduction : Winding up of a partnership business in India is not usual, but a simple case of one of the partners leaving and the other partners recruiting another family member or a new partner, while continuing with the same old business from the same old shop, using the same old name and serving the same old clientele. The expectation is always that the outgoing partner would be “settled” in the long run. This expectation was tested in V. Sumitra Reddy v. K. Ranganadha R

Introduction : Over the past ten years, India's digital music market has grown exponentially thanks to the quick development of streaming services like Spotify, Apple Music, and YouTube Music. While these platforms have changed music access and made it possible for Indian content to be released globally, they have also brought up a basic legal issue: can India's current copyright structure sufficiently guarantee artists in the streaming economy get fair compensation?The India