CORPORATE & COMMERCIAL
Our business is really simple. When you look at a deal and its structure looks like an octopus or spider, just don’t do it – Timothy Sloan
Today, the world is closer than ever before and businesses need to keep pace with the changes and developments around them generally, and specifically in comparison with their competitors.
At LexCounsel we understand the expectations of our clients and urgent requirements of their businesses and our availability to advise at crucial times, with precision and speed.
DISPUTE RESOLUTION
At his best, man is the noblest of all animals; separated from law and justice he is the worst – Aristotle
At LexCounsel, we understand that given today’s competitive global marketplace, disputes are inevitable. Members of LexCounsel offer strategic advise keeping in view the merits of the case against the backdrop of the average life span of litigating a dispute to final adjudication in Indian courts and alternative dispute resolution mechanisms available. A sound legal strategy, not only aimed at the final outcome of the matter, but also taking into account the position of the litigants during the prolonged adjudication process and complimentary legal actions, executed with requisite aggression, is a must to secure favorable results in litigation in India. LexCounsel adopts the process of advising the clients on the strengths and weaknesses of their case, and thereafter assisting them in implementing the chosen course of action.
LIFE SCIENCES & HEALTHCARE
Breakthroughs don’t happen because of the medicine. Real breakthroughs happen because someone is scared to death to stop trying – Grey’s Anatomy
As the world’s second largest populated country, India presents unmatched opportunities for businesses in life sciences and healthcare sector, with a fair share of regulatory and enforcement issues. Today pharmaceutical, medical devices and biotech companies are looking at opportunities for manufacturing, marketing, distribution, collaboration and other alliances in India. The contribution of India in the drug discovery process shortening time-to-market is significant, interspersed with occasional debates concerning conduct of widespread clinical trials.
EDUCATION
Education is the passport to the future, for tomorrow belongs to those who prepare for it today – Malcolm X
The Education sector in India is regulated by different central and state legislation governing K-12 (formal schooling) segment and higher education which encompasses universities and private colleges and other professional courses. Other elements of the education sector are less regulated such as tutoring and test preparation, pre-schooling and vocational training.
LABOUR AND EMPLOYMENT
If everybody lives by the sweat of his brow, the earth will become a paradise – Mahatma Gandhi
India arguably has the world’s largest educated workforce available at salaries that are still substantially below the benchmarks of developed economies. The availability of economical educated workforce facilitates foreign investors to source international quality services and products at comparatively lower costs.
There have been debates for harmonizing and rationalizing employment laws in India to improve the foreign investment and business climate. No significant legislative steps have however been taken so far, as the mainstream political views are against “hire and fire” policies.
LICENSING, FRANCHISING AND TRADING
Your most unhappy customers are your greatest source of learning – Bill Gates
LexCounsel has an extensive practice in the areas of licensing, franchising and trading, advising clients on government policy framework, regulatory and compliance issues, industry specific contractual, tax and other legal issues. The members of the Firm regularly advise clients on foreign investment regulations for trading activities, technical and trademark collaboration in India and repatriation structures.
REAL ESTATE
Buy land, they’re not making it anymore – Mark Twain
The real estate sector in India like many other areas is regulated by a comprehensive web of central and state legislation. Our Real Estate practice helps the clients decipher this web and to accomplish the desired transaction. We represent real estate developers, users and financers including lenders and investors
TELECOMMUNICATIONS, SATELLITE AND IT
Just as we have what used to be supercomputers in our pockets, our homes now require the telecommunications infrastructure of a small city – Steven Levy
Telecommunication and information technology have been at the centre stage of robust growth in India. The sector demands knowledge and integration of ever evolving technologies with existing systems, guidelines and regulations.
OUTSOURCING
Master your strengths, outsource your weaknesses – Ryan Khan
The Firm has extensively advised on all area of outsourcing, including business process, knowledge process and legal process outsourcing, and represents a number of Indian and foreign entities providing services to overseas clients.
INTELLECTUAL PROPERTY
To me, ideas are worth nothing unless executed. They are just a multiplier. Execution is worth millions – Steve Jobs
With the increasing entry of global entities into India and the growing awareness of intellectual property protection within India, not only is valuable intellectual property entering India but Indian companies are also enthused to protect their intellectual property assets. To improve and expand safeguards for intellectual property simultaneously with developments in commerce and trade, the industry, Government and the judiciary are increasingly working cohesively.
MEDIA & ENTERTAINMENT
All the world’s a stage, And all the men and women merely players; – William Shakespeare
India is witnessing a boom in print and electronic media with regular launch of new television channels focused on entertainment and current affairs. Print media in the form of magazines and newspapers is also witnessing development and major publications of the world are vying to tie up with Indian partners. Online media has also grabbed eyeballs in the metropolitan cities while India continues to produce the highest number of movies each year.
INFRASTRUCTURE PROJECTS, ENERGY, MINING, TRANSPORTATION, WATER
If you want to find the secrets of the universe, think in terms of energy, frequency and vibration ― Nikola Tesla
“In the middle of difficulty, lies opportunity” is true for the infrastructure sector in India. Today as India is on the course of being a global economic power, it aspires to showcase world class infrastructure and facilities and thus presents unmatched opportunities for investors, businesses and service providers.
INSURANCE
Nobody can really guarantee the future. The best we can do is size up the chances, calculate the risks involved, estimate our ability to deal with them, and then make our plans with confidence – Henry Ford II
Until recently majority of the Indians considered Insurance as an option and not a necessity.
However, due to an interplay of various factors such as upward surge in the costs of living, increasing industrialization and commercialization, educated workforce along with social issues such as number of dependants under the joint family system and absence of adequate aids and protections by the Government, insurance is fast becoming a “must have” for businesses and individuals.
BANKING, FINANCE AND CAPITAL MARKETS
A bank is a place where they lend you an umbrella in fair weather and ask for it back again when it begins to rain – Robert Frost
The framework of foreign investment and finance laws and listing regulations require professionals to assist businesses to achieve their desired business and investment objectives. Our team possesses the experience and understanding to navigate through complex transactions of lending, borrowing, banking and funding by financial institutions, private equity investors and Governments.
TAXATION
A fine is a tax for doing something wrong. A tax is a fine for doing something right – Lowell Nussbaum
India has a multi tier tax system comprised of direct and indirect taxes, levied by central and state Governments. India has entered into double taxation avoidance agreements with approximately 77 countries around the world, including all major countries that may have trade interests with India. The advantages of investment in India can be maximized, or lost depending on the way the investment is structured, and business operations are planned.