Practice Domains
Intellectual Property Rights
The practice of Sim And San extends to all areas of Intellectual Property rights, including Patents, Trademarks, Copyrights, Designs, Geographical Indications, Plant Varieties, and Trade Secrets and other related matters. This is a key practice area of the firm. Backed by the experience of over 34 years of Ms. Sangeeta Goel (Founding & Managing Partner), Sim And San has stitched a niche reputation for advising and strategizing, securing and enforcing intellectual property rights of corporate of all sizes, start-ups and individual entrepreneurs.
The Intellectual Property Law team at Sim And San, helps clients establish, monitor, and enforce IPR rights, which are critical to protecting every company's most valuable assets. Recognizing that intellectual property is the most valuable asset, the firms IP team along with its international business and legal network, have the resources to advise on all forms and aspects of intellectual property law and protect intellectual property, regardless of its origin.
Our lawyers include revered leaders in the IP space, especially on the topic of emerging IP scenarios in India. Our attorneys regularly engage with IP stakeholders in India, including the courts and policymakers. Senior IP law attorneys work personally with clients and draw on the experience of its corporate-commercial & business law team to provide a 360-degree solution which is commercially viable and efficient. We have forged relationships across the globe and regularly work with attorneys and technical experts in 137 countries to protect our clients internationally.
Our diverse technical expertise and practical business experience help us understand the ideas and inventions of our clients. Our attorneys provide services in a collection of technical fields, including telecommunications, pharmaceuticals, chemicals, electronics, semiconductors, fast-moving consumer goods, luxury goods, and technologically advanced start-ups.
We understand the importance of protecting your competitive advantage and we offer a full portfolio of intellectual property services, including:
- Procurement of Patent, Design, Trademark, Copyright, domain names, geographical rights and registrations in India
- IP Litigation, Border Enforcement and criminal enforcement of Trademarks & Copyrights
- Other contentious Intellectual Property matters including Patent and Trademark oppositions, Patents, Designs, and copyright cancellation
- Maintenance and Renewal of IP Assets
- Transactional and commercial matters related to IP including assignment, licensing/franchising, Technology and know transfers, Collaborative Research, Contract manufacturing, etc.
- Domain Names
Our Attorneys and the network of reliable offshore agents can quickly and cost-effectively process cases and applications of our clients, whether they are related to trademark, copyright, patent enforcement, licensing or industrial design. Our Senior IP law specialists work personally with clients and draw on the experienced resources of our Business Law team to provide a flexible team that can be scaled to meet your needs.
Our professionals regularly engage with intellectual property stakeholders in India and abroad, to understand and address various concerns that beckon attention. Working with intellectual property stakeholders, we can best understand how changes to the law, and its interpretation, may affect client’s business.
Our firm’s members are associated with the Asian Patent Attorneys Association (APAA), the International Association for the Protection of Intellectual Property (AIPPI), the American Intellectual Property Lawyers Association (AIPLA), the Intellectual Property Owners (IPO), the International Trademark Association (INTA) and the European Communities Trademark Association (ECTA), among others.
The Firm is engaged in the filing of applications for registration of copyright in Literary, Artistic, Musical, Dramatic, Sound Recordings and Cinematograph Works and pursuing the same until registration. The Firm is actively involved in strategizing portfolios of its clients and securing rights in their creative works. Recently, the Firm was appointed by Bollywood Parks (within Dubai Parks) and the Great Indian Nautanki Company as a consultant, to strategize IP protection of each and every aspect of their creatives, including musicals, which are based on the concept of Broadway. The Firm strategized and advised, the IP protection of every aspect of the musical plays, including musical compositions and sound, performing rights, literary and other works under the Copyright Act.
The Firm carries out filing of actions for Infringement of Copyrights and Piracy. The Firm has played a leading role in regularising publishing sector with respect to bringing in more awareness regarding the author's rights and responsibilities, addressing disputes and gaps between authors and publishers, executing necessary agreements and securing rights of the right holder with respect to the copyrighted work.
The Firm has vast experience in dealing with software piracy and infringement issues. The Attorneys of the Firm are well equipped and experienced to carry out difficult processes of search & seizure of pirated softwares and products. The Firm is credited with resolving/settling many cases for its clients, wherein the pirates have been forced to legalize their softwares and have been made to pay damages for not using original softwares. The Firm was one of the lead prosecuting law firms in representing Mr. D.B. Modak in the landmark case of Eastern Book Company v. D.B. Modak, decided by the Supreme Court of India, which led to a shift in the test applied to determine the originality of copyright works in India.
Highlights: currently the firm is engaged in prosecuting several high profiles and multi-million-dollar disputes for its clients. Two of them pertain to the question of copyright ability of mechanical drawings of products of which Patents are pending.
The firm is also prosecuting for one its clients a case which would be a landmark decision on the capability of ex-copyright societies to continue to issue and grant licences on behalf of authors of copyright works contained in cinematograph films and sound recordings post the amendment to the Copyright Act in the year 2012.
Understanding the importance of a trademark and/or service mark for a business and its subsequent evolution is the very touchstone on which the Firm and its Attorneys have laid stress and accordingly advised clients. The Firm and its Attorneys understand the business importance of a Trade Mark portfolio for a client.
The Firm is equipped with its very own in-house database, which contains an effective IP management system. By using this database, the Attorneys can efficiently advise clients regarding any proposed adoption and/or usage of a certain brand name for their business activities, without violating the IP rights of any other trademark owner.
On account of its specialization in this field of law, it is currently managing the trademark portfolios of several Fortune 500, well known global brands and start-up companies led by eminent and well-known entrepreneurs, in Sectors such as telecommunications, FMCG, Pharmaceuticals, Media & Entertainment, Hospitality, Services, amongst others.
The Firm is a one-stop shop for filing trademark applications in every country in the world. The Firm essentially carries out the following services for their clients:
Trade Mark Prosecution
- Trade Mark availability searches.
- Filing of Trade Mark applications in India and worldwide.
- Prosecuting the Trade Mark Applications till registration.
Enforcement of Statutory and/or Common Law Rights
- Watch Service
- Filing actions for Infringement and Passing Off of Trade Marks and Appeals before the Appellate Courts.
- Filing and defending Oppositions, Petitions for Rectification before the relevant forums.
- Filing of criminal complaints and conducting raids for the seizure of infringing material and counterfeit products.
- Filing applications before Customs Authorities for seizure of infringing goods.
Commercial Contracts & Dispute Resolution
- Drafting Assignment Deeds, License and Registered User License Agreements, Marketing arrangements, Sponsorship Contracts, etc.
Highlights: The firm has been involved in laying down landmark decisions in the field of Trade Mark Laws. The firm is currently engaged in several litigations pending and decided in different forums across the country.
Attorneys and agents retained by the firm actively draft and file patent applications (including International/PCT Applications) and prosecute them till grant. Our team of experts has filed both product and process patents in various technology fields, including telecommunications, biotechnology, electronics, aviation, amongst others.
The firm also files Pre-Grant and Post-Grant Oppositions and Revocation Petitions before the Controller of Patents and Intellectual Property Appellate Board, respectively.
The firm has successfully filed lawsuits for infringement and invalidation before various High Courts in India. For assisting the Attorneys, the Firm has retained a devoted team of technical personnel specializing in fields such as telecommunications, electronics, mechanical engineering, chemical engineering, biotechnology, amongst others.
The firm also provides the following services:
- Watch Services
- Patent/Non-patent search
- Patent/Non-patent analysis
- Patent/Non-patent Mapping
- Novelty/Patentability assessment
- Invalidation search
- Freedom to operate search
- Infringement search
- Claim charting
- Identification of licensing partner
- Patent Watch
- Technical translations
- Formulation of IP Strategy
- Basic and Advanced Patent Analysis using TRIZ
- Technological Alternative Study (TAS) of Patents
- Patent Valuation and Patent Portfolio Management
- Intellectual Property System and Process Audits
- Implementation of Intellectual Property Management System
Highlights: Currently, the firm is prosecuting four (4) of the highest stake patent litigations in the country. Three (3) of them pertain to multi-million-dollar infringement actions on behalf of an American-Canadian corporation which is the patentee of an invention for path-breaking Telecom Antennas, which are being used by all cellular network providers worldwide, including India. These suits involve intricate questions of infringement, invalidation, and damages, including the concept of “pioneer patents”, “doctrine of equivalence” and “teaching away as a factor in an obviousness analysis”. Two of these Suits are currently at the stage of recording of evidence and cross-examination before the Delhi High Court. If successful, the firm is looking at recovering damages worth US$ 100 million from American, European and Chinese Antenna manufacturers.
This apart, the firm is also currently engaged in the Standard Essential Patent litigation on behalf of mobile handset manufacturers against Ericsson, where Ericsson has asserted its flagship patents for the 2G and 3G technology. This suit is currently at the pre-trial stage in the Delhi High Court, and the parallel invalidation actions filed by mobile handset manufacturers are pending arguments before the IPAB. We expect this case to lay down law on the “infringement-of-standard”, as against “infringement-of-patent” position taken by Ericsson, and also law down the law on the grey-area of Section 8 of the Patents Act.
On the prosecution side, the firm is retained by the Department of Atomic Energy for filing and prosecuting patent applications in India and abroad. Our firm also files patents for clients of other leading law firms across the country. This is in addition to the filings and prosecutions we undertake for our foreign associates across the world.
The attorneys at the Firm are also assisting in the prosecution of cancellation actions before the Patent Trial and Appeal Board, the United States, which includes developing an effective prosecution strategy and drafting pleadings.
The firm specializes in preparing and filing applications for the registration of designs under the Indian Designs Act and prosecuting the same to registration. The Firm also files Cancellation Petitions and infringement/piracy actions on behalf of its clients.
Highlights: The firm is currently engaged in several litigations, before High Courts and the Supreme Court for its clients in several design infringement cases. A couple of suits involve intricate questions of infringement and cancellation of designs, including the concept of the assertion of design rights in “series designs”, where design registrations are obtained on different models of the same product series.
The Firm is one of the law firms in India which has experience of filing and prosecuting applications for registration of Geographical Indications and connected opposition proceedings.
Highlights: The firm has prosecuted, on behalf of the Growers Association of the State of Madhya Pradesh, the famous Basmati Rice GI Opposition proceedings before the GI Registry and connected proceedings before appellate tribunals and High Courts around the country. These cases are set to be landmark decisions on the law relating to grant of geographical indications in India; the applicability of the treaty obligations on India; and the factors necessary for the grant of geographical indications. Our firm’s client has opposed the application for blanket grant of geographical indications to some northern regions of India without identifying specific areas of cultivation of Basmati Rice. Our client has also separately claimed inclusion of the State of Madhya Pradesh which has a history of commercial cultivation of Basmati Rice. The case has raised interesting issues of law concerning the applicability of the test of only “popular perception” as opposed to and in addition to other factors such as “agro-climatic conditions”, “commercial cultivation”, “local reputation”, etc. Currently, the Registrar of Geographical Indications has reserved its judgment and the firm is expecting the decision anytime soon.
With E-Commerce becoming the easiest, most convenient and accepted way to do the business world over, domain name rights and cyber-squatting have become crucial issues. Legal rights emanating from every transaction or interaction, as well as protection of Intellectual Property Rights on the internet in terms of copyright protection and infringement, passing off, infringement of trademark etc, with focus on issues of jurisdiction and enforcement are critical issues. Our endeavour is to provide legal answers and advice to every conceivable proposition of Cyber Laws. The Firm also provides services for filing complaints and pursuing the same before the ICANN (under the UDRP) and the .IN Registry (under the INDRP).
Dispute Resolution
Sim And San have the profound expertise and diverse capabilities in handling complex and multi-jurisdictional corporate commercial dispute resolution including mediation, arbitration, and litigation. Sim And San have dispute resolution capabilities in its own offices and in other locations (domestic and international) it has affiliates and associates with whom it has trusting relationships. The team is uniquely placed to handle work seamlessly nationally and worldwide.
The Firm consistently represents multinational corporations, public utility undertakings and high net worth individuals before judicial bodies. The attorneys specialize in trial prosecutions and possess the rare combination of also understanding industries such as the telecom sector, from a technical standpoint, which helps the firm, prosecute different forms of IP infringement and commercial disputes. The firm is often referred for trial prosecution by law firms in India and abroad.
Sim And San’s dispute resolution practice is focused on Corporate Commercial Disputes including Shareholder Joint Venture Disputes, Contractual Disputes (Commercial contracts, Licensing contracts, Project contracts, Construction Contracts, Real Estate Contracts, Technology Transfer Contracts, Asset and Business Transfer Contracts and other Commercial Contracts and arrangements), and Constitutional matters affecting client’s business interests.
Sim And San also actively files and prosecutes disputes concerning public and constitutional laws, such as under the Constitution of India, rent control laws, property laws, succession laws, amongst others.
We handle matters before the courts, quasi-judicial authorities, and tribunals including:
- Supreme Court of India;
- High Courts of various States;
- District Courts;
- National Company Law Tribunal;
- Sector Regulators (telecom; electricity; ports; petroleum and natural gas) Telecom & Electricity and their Appellate Authorities;
- Banking Tribunals;
- Environmental Tribunals including National Green Tribunal;
- Competition Commission and its Appellate Authority;
- Board and Appellate Tribunal Authority for Industrial & Financial Reconstruction;
- Anti-Dumping Authorities; and
- Consumer Protection Fora
As regards our arbitration practice, the firm has filed and prosecuted international commercial arbitrations before tribunals constituted under SIAC, LCIA, DIFC, UNCITRAL, and ICC. We advise clients on dispute resolution strategies and claim constructions and have experience in conducting matters involving complex issues of commercial/contractual and international law. The firm represents not only multinational companies, but also public sector undertakings of the Indian and foreign governments in various large-scale infrastructure sectors.
The key sectors in which the firm has capabilities of filing and prosecuting arbitrations is telecommunications, energy, railways, banking, large-scale infrastructure development, power, defence, FMCG, hospitality, real estate, sports, media & entertainment, pharmaceutical, services, amongst others.
Since lawyers at the Firm specialize in trial prosecution and possess the rare combination of also understanding technical industries such as the telecom sector, large-scale infrastructure development sector, railway sector, etc. from a technical standpoint, which helps the firm successfully prosecute arbitrations.
Just recently the firm was successful in a major international arbitral dispute involving one of its well-known apparel clients. The firm assisted the Madras High Court in laying down law for the first time on the issue of arbitrability of IP disputes in the case of Lifestyle Equities C.V. v. QD Seatoman Designs Pvt. Ltd (which is a published judgment).
Sim And San’s litigation team successfully handle complex, high-stakes cases for major international companies, leading universities, and burgeoning startups. In hundreds of cases tried in court or negotiated to a settlement, we draw on our extensive technical and industry backgrounds to resolve present disputes, anticipate future challenges, and proactively manage risk for our clients.
Sim And San is one of an exclusive breed: a group of lawyers dedicated solely to intellectual property (IP) law. Our IP trial attorneys have mastered the IP-dispute process and dedicated themselves to achieving successful outcomes for our clients. We have in-depth experience with the unique challenges such disputes present and in every judicial and administrative venue in which they are adjudicated. Our clients are supported by a deep bench of attorneys who have pioneered global strategies for the acquisition and protection of IP rights, who are adept at the assessment and valuation of IP assets, and who have negotiated, implemented, and managed complex IP transactions across every area of technology and on almost every continent. Our focused practice gives us command of all the tools needed to successfully handle a broad range of cases, from those brought by non-practicing entities to bet-the-company litigation between fierce business competitors.
Due to our deep technical knowledge, our IP litigation group secures results and enhances client service. We do not need to be educated on the complex science and engineering underlying our clients’ innovations, products, or services. We are able to communicate easily and effectively with inventors, experts, and others involved in those technologies and, more importantly, to then translate those concepts into persuasive language and compelling advocacy.
We achieve success in IP litigation through creative strategies executed efficiently. We comprehend nuances and distinctions lost on others. These skills allow us not only to prevail before judges and juries but, in many cases, enable us to succeed for our clients while avoiding litigation altogether.
Corporate Transaction & Advisory
Sim And San advises on legal issues concerning inbound and outbound investments, strategic alliances and collaborations.
We advise on policies, laws and regulations in relation to:
- Structuring of investment vehicles;
- Subsidiaries & Joint Ventures;
- Technology transfers & licensing;
- Technical assistance & services arrangements; and
- Governmental & regulatory compliance and approvals.
We also advise on day-to-day legal issues concerning commercial & business affairs on legal structuring of commercial arrangement, corporate legal affairs, the formation of legal entities in India & overseas, corporate transactional matters, commercial contracts, and documentation. Sim And San handle the entire gamut of Employment matters including Contracts, ESOP’s (Employee Stock Options), Benefits, Disciplinary action, and termination.
The Firm, with its India and International offices, has become a preferred one-stop shop for most of our corporate clients, who prefer banking all their international/global work with the Firm.
Sim And San is servicing and managing portfolios of fortune 500 companies in the sectors such as telecommunications, FMCG, Pharmaceuticals, Media & Entertainment, Energy, Defence, Railways, Large Scale Infrastructure, Hospitality, Real Estate, Services, amongst others.
Our dedicated team of lawyers has significant experience in restructuring, having had the opportunity to work on many challenging transactions in India. Our early cautionary advice has helped maximize results for various creditors and shareholders and has in the process, established Sim And San as a trustworthy partner to its clients. Our detailed and comprehensive solutions address a wide range of issues that are faced during restructuring by underperforming or distressed companies in the private and public sector.
We leverage our capabilities in our dispute resolution, finance, and corporate practices to deliver comprehensive and seamless legal services to our clients. We are recognized by our clients for being thorough in our approach to investigations and pragmatic in our strategy towards litigation and asset recovery. Our advice includes not only formal restructuring under statutes and regulations but also informal restructuring driven by lenders. Our clients include investors, lenders, banks as well as corporate directors and trustees.
The firm provides advice on formal restructuring, informal restructuring, exit strategy, Advice to Directors and Key Managerial Personnel, enforcement of security, liquidation and dispute resolution.
Sim And San draw upon its experience of working on transactions across industries and of all sizes to provide integrated solution-oriented advice. Our domain and sector-focused teams across the country enable us to deal with and advise on complex legal issues in M&A transactions.
The Firm handles a full range of M&A transactions including
- Mergers & Amalgamations;
- Schemes of Arrangement, Reconstructions, and Demergers;
- Acquisitions & Divestments - of assets and businesses;
- Distressed Transactions; and
- Restructuring, including Capital & Debt restructuring, buy-back of securities & reduction of capital.
The Firm’s clients include large industrial houses & multinational corporations across industries. We work very closely with In-house counsels, Investment Banks, and Accounting Firms to achieve seamless implementation of any M&A transaction.
Our complementary areas of practice are useful for resolving tricky legal issues in M&A transactions, and along with our well-equipped offices in India and Dubai, we provide cost-efficient services to our clients.
Entertainment & Sports Laws
The Firm specializes in media & entertainment laws with a thorough grasp of the commercial and legal issues surrounding the industry. The attorneys at the Firm provide practical advice to clients on all matters relating to creative and performing arts. The Firm is empanelled with the Kingdom Of Dreams, Gurgaon, Bollywood Parks, Dubai, and many production houses to look after their contractual issues with actors, artists, scriptwriters, music producers and composers, choreographers, etc. The Firm advises on IP protection of every aspect of the musical plays under the Copyright Act.
The Firm also represents a cross-section of the sporting fraternity, including national and international sports management organizations, sportspersons, sporting leagues, and sporting foundations. Our practice is informed by all perspectives of the sports industry, be it broadcasters, governing bodies, right holders, brands and sponsors, agencies or athletes and we provide services for anti-ambush marketing strategies, sponsorship, brand acquisition, and syndication, merchandising and licensing. The Firm also engages actively with the government and stakeholders in the sports community in policy decision-making and has provided input as amicus towards future sports legislation.
The Attorneys at the Firm appreciate the competitive nature of this market and the need for swift, high-quality legal advice across this industry sector including film, television, and music.
Our expertise extends to advising film companies, record labels, directors, artists, producers, and agents on:
- Advertisements and Promotions
- Agreements for Provision of Online Services
- Buy-out of Rights
- Censorships
- Clearance Rights
- Commercial Broadcasting
- Commercial Media Contracts and Transactions
- Competition Law Compliance
- Copyrights
- Copyright Infringement
- Digital Rights
- Endorsements
- Film Distribution
- Film Finance
- Film Production
- Film Transactions
- Franchise Agreements
- Image Rights Protection
- Intellectual Property Rights
- Internet Law
- Joint Ventures
- Licensing
- Media Contracts
- Media Disputes
- Merchandising and Endorsement Agreements
- Label Structures
- Mobile Content Agreements
- Music Contracts
- Music Distribution
- Music Publishing
- Music Video Production
- Personality Licensing/Product Licensing
- Offshore Transactions
- Online Trading
- Performing Rights
- Phonecasting
- Podcasting
- Publishing Agreements
- Privacy and Data Protection Compliance
- Product Placements
- Recording Contracts
- Ringtone Agreements
- Sponsorship Agreements
- TV Production
- Web Agreements
Trade Secret & Know How
Trade Secrets are valuable assets. Their theft results in unfair competition and stifles innovation, particularly in sectors that rely on technological advances. Our attorneys work closely with clients to protect their private data, through both preventative measures and enforcement action.
As a technology-focused law firm, we can help you protect valuable trade and business information at both a local and an international level. Unlike many of our competitors, we take a highly integrated approach to trade secrets issues, combining skills from our IP, Employment and Dispute Resolution Groups and balancing them according to the needs of the situation. Many of our experts have scientific or engineering qualifications which give them an unrivaled understanding of the innovations you need to protect.
We encounter and advise on the many aspects of trade secrets protection on a daily basis, including how to deal with the threats posed by insiders, counterfeiting, unfair competition, and reputation management. Together with you, we work to identify valuable information that needs protection & design the appropriate internal policies, documents & training for your needs. When a problem does occur, we enforce your rights decisively to prevent or control any potential damage.
Commercial Advisory
We have market leading commercial experts in our office to provide an integrated and unique commercial offering to clients. Our sector approach means we have a deep understanding of how businesses work and understand the key business drivers applicable to our clients’ sectors. This enables us to guide our clients through the entire lifecycle of their business, providing practical legal solutions to practical business challenges.
Clients come to us to act not only as expert technical lawyers but as ‘trusted advisors’ who support the business as a whole and help them to achieve their objectives. We provide solutions rather than simply identifying problems.
Private Equity & Venture Capital
We provide legal services to Private Equity funds across the full range of their operations and activities besides International and Domestic Venture Capital entities.
The areas in which we provide legal advice include;
- Fund formation;
- Onshore & Offshore structuring;
- Drafting offer documents for the raising of funds;
- Tax & Securities registration issues;
- Registration with regulatory authorities;
- Due Diligence of prospective investee companies;
- Negotiation assistance from term sheet stage till closing;
- Documentation & overall transactional support, including working closely with regulators like the Reserve Bank of India (RBI), the Foreign Investment Promotion Board of India (FIPB) and the Securities & Exchange Board of India (SEBI); and
- Structuring incentives and sharing of the ‘carry’ for fund managers & research analysts. We are also familiar with the other side of the equation as we represent Investee Companies in diverse sectors.
Projects
The Firm has a leading national practice in various Infrastructure sectors, such as Energy & Natural Resources (Power, Oil & Gas and Minerals) and Transport (Roads & Highways, Ports, Railways / Rapid Transit Systems). In these areas, we have been engaged in advising Project developers, Investors and Suppliers & Contractors on diverse commercial/transactional issues.
Our Project practice works closely with our Banking & Finance Practice in areas of Project Finance; and with our Regulatory & Policy Practice in areas of Licensing and Regulatory matters such as market structures, competition & tariffs.
Regulatory & Compliance
The firms Regulatory & Policy Practice is based upon in-depth knowledge of the relevant industry domains and strength in grappling with complex legal issues involving the interaction of law with Public Policy, Economics, Technology, Finance and Project Management. Our senior members of this Practice are regularly consulted with by governments, regulators, development financial institutions, think tanks and industry bodies.
Some of the critical components of our Regulatory practice include representing our clients in regulatory proceedings before and consultations with diverse regulatory authorities on diverse matters including issues related to merger control, abuse of dominance and anti-competitive behaviour, tariff determination, licensing, non-discriminatory open access in network infrastructure, market design, performance regulation, and adjudicatory proceedings.
We represent clients before diverse regulators and judicial fora including the Electricity Regulatory Commissions, the Petroleum & Natural Gas Regulatory Board (PNGRB), the Telecom Regulatory Authority of India (TRAI), the Airports Economic Regulatory Authority (AERA), the Tariff Authority for Major Ports (TAMP), the Competition Commission of India (and its predecessor the Monopolies & Restrictive Trade Practices Commission), the Competition Appellate Tribunal, the Appellate Tribunal for Electricity (APTEL), the Telecom Disputes Settlement & Appellate Tribunal (TDSAT), ADR mechanism, arbitral tribunals, the High Courts and the Supreme Court of India.
Our policy practice encompasses, Legislative, policy & sector strategic legal advisory; Structuring legal and regulatory frameworks to facilitate effective public-private partnerships in Infrastructure & social sectors; Public procurement; Restructuring & reform initiatives; Economic & safety regulation in diverse Infrastructure sectors; Competition regulation; Indirect Tax; International Trade Regulation; and Environment, Rehabilitation & Resettlement (R&R); and Health, Safety & Environment (HSE) and disaster management.
Banking & Finance
Sim And San have a widely recognized banking & finance practice in the country. Clients trust our Banking lawyers to take a practical and business-oriented approach to achieve their objectives. The practice is especially praised for its accessibility and responsiveness and its ability to work well with international firms and clients.
We are empanelled by several global and domestic banks and also represent non – banking finance companies, institutional lenders, multi-lateral, developmental and export credit institutions, asset managers, funds, arrangers and corporate borrowers in different sectors. We advise on full spectrum of banking & finance matters corporate debt, syndicated loans, revolving credits, guarantee facilities, acquisition and leveraged finance, project finance across all Infrastructure & Energy sectors, real finance including structured lending, secured property lending and property securitization, asset and trade finance, securitization, derivative transactions and structured finance, debt capital markets encompassing issues of rupee-denominated bonds and debentures, foreign currency bonds, bank MTN programmes and other privately placed debt securities, and debt restructuring and re-financing, including corporate debt restructuring, asset reconstruction and schemes of arrangement.
Our Banking and Finance team also compliments our Investment Fund practice which is comprised of trusted advisers, focused on providing commercial advice and solutions to the clients. Our team advises on the most complex, strategic and high-profile matters in the investment funds fields. We act for foreign and Indian sponsors in setting up onshore and offshore funds, including private equity funds, venture capital funds, mutual funds, real estate investment funds, and pool-investment vehicles. We also advise investment bankers and nominated advisors from an Indian law perspective for a listing of funds on the Alternative Investment Market. Our practice also includes advising such funds in investments in and divestments from, publicly traded and privately held Indian companies.
Competition Laws
Our clients benefit from the experience of acknowledged leaders in the field of competition law across India. Our team offers practical, commercial advice to support your strategic objectives. Our international experience means that we are able to offer in-depth local knowledge in a global context.
Our clients draw on our highly regarded dispute resolution skills together with our market-leading competition law expertise. We advise on complex competition litigation matters, including breaking government-sanctioned restrictive practices; defending against implications of involvement in cartels; applying for immunity from prosecution for cartel conduct and assisting those impacted by anti-competitive conduct to recover significant damages.
Our lawyers have prosecuted actions before national courts, the Competition Commission of India. Our partners have represented clients in high profile cartel conduct cases and in cases involving allegations of misuse of market power. This, combined with our deep experience of multi-jurisdictional merger control filings and our in-depth understanding of local competition laws, means that we are well placed to advise on a wide range of issues, including on- and off-line distribution, licensing and co-operation arrangements, whether domestic or cross-border. In addition, we regularly represent clients in antitrust investigations and develop compliance programs and conduct training for employees so that they can avoid unlawful practices.
Our particular focus lies in the information technology, communications, electronics, food and beverage, energy, automotive, banking and financial services, media, sport, and aviation and aerospace sectors. Our sector-based focus means that we can apply our up-to-date industry knowledge quickly to competition issues in what is frequently dynamic and rapidly changing circumstances. We work with our colleagues in other groups such as our Intellectual Property group to ensure we can deliver solutions to competition issues which represent a whole of business approach.
Real Estate
Our lawyers provide specialist advice and support across a wide range of real estate transactions. We can assist you with complex structures, limited partnerships, trusts or open and closed-ended funds, working closely with our tax, finance and corporate law specialists.
Our team has extensive expertise in construction, outsourcing, Private Finance Initiatives and Public Private Partnerships (PFI/PPP), dispute resolution and other legal disciplines.
Although clients rely on our technical expertise, we never forget that legal skills are just a means to an end. Our focus is always on getting the deal done for a range of major domestic and international organizations, protecting our clients’ interests and bringing clear perspective to every situation.
We regularly advise clients, on:
- Real Estate Investment
- Real Estate Finance
- Real Estate Funds
- Real Estate Tax
- Real Estate Dispute Resolution
- Real Estate Insolvency
- Construction
- Environment and Planning
You can expect our multi-disciplinary real estate team to provide you with the highest level of client care and local expertise, at all times.
Personal Data Privacy & Data Security
The Firm provides advice on data management and data privacy laws to all its clients. Our lawyers work closely with in-house corporate teams for designing and implementing data security processes and modules. As part of this service line, our professionals conduct regular audits/ data mapping to ascertain risk and threats not only to the current set up but also from the future perspective at the client site, and subsequently develop or revise data protection policies and implement data transfer/sharing strategies. The teams are abreast with latest developments in this area and also have a deep understanding of issues around cloud usage and complicated cross-border data sharing protocols. We assist our clients in preventing data loss and data breach, controlling & minimizing incidental responses and providing best in class and benchmark data security solutions to most industrially and geographically diverse companies.
Investigation
The firm actively assists its clients in conducting investigations and enforcing actions, criminal as well as civil, based on the results of the investigations. We have a devoted and an experienced team of investigators who work round the clock on suspected targets and strive to get results for the firm’s clients. The firm has enforced several criminal and civil actions for its clients across diverse industries. These actions include Intellectual Property enforcement and anti-counterfeiting across a broad spectrum of products and services including apparel/garments, luxury goods, pharmaceuticals, consumer products, books, amongst others. While executing raid on targets, the investigating team is always available on site to efficiently address the raid’s objective, and is accompanied by Indian enforcement agencies such as police forces to assist in conducting a safe raid on targets. The firm has the capability to conduct simultaneous multiple raids across multiple regions of the country to address enforcement challenges.
As part of these services, the firm offers a unique option of online investigation and enforcement to our client’s. The firm is known for filing enforcement actions to crack down on large scale online counterfeiting activities and thus has experience of the novel ways counterfeiters adopt to sell counterfeit products on online sales platforms.
