Corporate, Commercial and Business law

The Corporate and Commercial Law practice is the most competent area of Abbasi and Associates. The firm assist it’s client on wide variety of commercial transactions such as Commercial Contracts, Contruction, Collaboration contract, Joint Venture, Foreign Collaboration & Technology Transfer Agreements, Listing of Companies, Formation and maintenance of Private & Public Limited Companies, Merger & Acquisition of business, assets and shares, Licensing and Franchising, personal and Corporate Tax Planning, Agency and Distribution Agreements.. The Firm provides expert advice on many of the largest and most complex transactions - frequently with a cross-border perspective. Acting for many international corporate and investment banking clients, we specialise in providing a seamless service across our network of offices and across complementary practice areas. The firm provides professional advice on a broad spectrum of corporate work ranging from general corporate advice, company incorporation in India and abroad, corporate governance and due diligence to advising on matters relating to Foreign Direct Investment in India, SEZs, Customs Laws and Foreign Exchange Management Regulations. The firm also assists in obtaining statutory permission and sanctions from various regulatory and government bodies, departments and agencies i.e., FIPB, RBI, DGCA, SIA, MoI, CLB, DoE and MoF, WIPC,TEC.

Abbasi and Associates has rendered legal advice and prepared legal documentation for various complex commercial, building, construction, engineering, turnkey, joint venture and infrastructure projects promoted by reputed multinational entities, and also by Indian companies, in India and abroad. We also handle venture capital and other early-stage financings, transactions involving private equity funds, and specialized financings in both domestic and international contexts. The firm conducts commercial litigation, domestic and international arbitration in India and worldwide through its associate and correspondent lawyers, concerning disputes arising in banking, commercial contracts, sale of goods, debt recovery, public and private international law besides other areas.

International Trade & Anti-Dumping Laws

Abbasi and Associates renders legal advice and prepares legal documentation for its clients in the area of International Trade and Customs laws. The firm advises on compliance with Export & Import Laws and procedures. Our team of lawyers is frequently engaged in drafting of contracts, joint venture agreements, foreign collaborations and standard terms of trade including financial arrangements of international trade. The firm also assists in obtaining statutory permissions and sanctions from various regulatory and government bodies, departments and agencies i.e., FIPB, RBI, DGCA, SIA, MoI, CLB, DoE and MoF.

The associates of our firm also provide valuable and extensive advice to our clients in the area of Anti-dumping laws and notifications, Anti-circumvention laws and advice on combating smuggling and other illegal tax evasion strategies adopted by foreign exporters/manufacturers.

We act in all aspects of aviation, marine and general transport law including all related insurance issues. Our practice further encompasses other general and specialist insurance areas such as fire insurance, all risks policies and professional negligence insurance.

Launch of Products and Services

Multi-national companies intend to launch their products in India seeks legal advice and Abbasi and Associates expertise helped them to launch their products and services in the Indian market. These global players have benefited to a great extent from the multi disciplinary skills and rich human resource the firm possesses. We have the competence to provide comprehensive legal services to our clients on diverse legal matters related to import, marketing and distribution of their products and services in India, including Customs laws and Foreign Direct Investment, incorporation of companies, Tax laws, labeling and packaging requirements, product liability and consumer protection issues, statutory approvals, trademark registrations, Foreign Exchange laws and drafting of commercial and business contracts. We manage launch of products and services in India for our clients as a complete project and render all necessary legal assistance to set the project rolling.

Food and Drug Laws

The firm has unparalleled expertise and wealth of practical experience in the highly challenging sphere of Food and Drugs Law. This practice area is at the heart of the firm’s key specializations. Our attorneys and experts possess in-depth knowledge of the legislative frame work and the day to day regulatory changes in the domain of Food and Drugs Law and are well equipped to advise on any issue pertaining to this sector.

Foreign Direct Investment

From being a License Raj in the 1960s, 70s and 80s, the Indian economy has now turned full circle by transforming itself into a liberalized economy. The Industrial Policy of 1991 paved the way for economic liberalization of the Indian Economy which led to billions of dollars finding its way into India as Foreign Direct Investment. We as affirm provide all kinds of solutions and necessary advice in this area.

Arbitration and Dispute resolution

The arbitration law also provides for mediation and conciliation in addition to arbitration. Where the arbitration clause or agreement does not contain the name of the arbitrator recourse may be had to the High Court of the concerned jurisdiction to appoint an arbitrator. The firm advises clients on the laws of domestic and international arbitration in India. We assist clients in enforcement of arbitral awards, challenging an arbitral award (domestic) if necessary on the grounds mentioned in the (Indian) Arbitration and Conciliation Act, 1996. We also appear before the arbitrators and arbitral tribunals on behalf of our clients.

Establishment of Liaison, Branch Office in India

Permission to set up a liaison office is granted by the Reserve Bank of India. Permissions are normally granted for a period of three years and can be extended by further request. A liaison office is not permitted to generate revenue in India. Abbasi and Associates provide legal guidance on Collecting information about possible market opportunities and providing information about the company and its products to prospective Indian customers. Promotion of export/import from/to India and also facilitate technical/ financial collaboration between parent company and companies in India. Participation in Seminars/exhibitions/fairs and other events in India.

Corporate Litigation

The firm undertakes litigation on touching upon all the laws of India. We file and defend money suits, appeal suits, and appear before all District courts, High Court and the Supreme Court. We file petitions on behalf of banks and public financial institutions before the Debt Recovery Tribunals, Appellate Tribunals, High Courts and the Supreme Court. We defend complaints initiated against companies on Consumer Laws of India.

Criminal Litigation

Criminal law is the core competency of Abbasi and Associates. Criminal Law is also known as penal law that punishes criminals for committing offences against the state. The goal of this process is that of achieving criminal justice.

According to criminal law, crimes are offences against the social order. In common law jurisdictions, there is a legal fiction that crimes disturb the peace of the sovereign. Government officials, as agents of the sovereign, are responsible for the prosecution of offenders. Hence, the criminal law "plaintiff" is the sovereign, which in practical terms translates into the monarch or the people.

The major objective of criminal law is deterrence and punishment, while that of civil law is individual compensation. Criminal offences consist of two distinct elements; the physical act (the actus reus, guilty act) and the requisite mental state with which the act is done (the mens rea, guilty mind). For example, in murder the 'actus reus is the unlawful killing of a person, while the 'mens rea is malice aforethought (the intention to kill or cause grievous injury). The criminal law also details the defences that defendants may bring to lessen or negate their liability (criminal responsibility) and specifies the punishment which may be inflicted. Criminal law neither requires a victim, nor a victim's consent, to prosecute an offender. Furthermore, a criminal prosecution can occur over the objections of the victim and the consent of the victim is not a defence in most crimes.

Environmental Law

Our environmental practice counsels clients from various industries including automotive and automotive components manufacturing, chemicals, consumer goods manufacturing, energy and pharmaceuticals in connection with air, water, noise and solid, hazardous and toxic waste standards. The firm has experience in real-estate and asset acquisition and dispositions such as performing environmental due diligence for asset acquisitions all over India, identify and quantify environmental liabilities and risks, interpreting and evaluating data to assist clients in the decision-making, manage environmental risks and liabilities during acquisition and disposition of assets as well as managing routine business environmental liabilities.

We have assisted clients in speedily securing essential regulatory approvals for greenfield projects and also negotiated administrative consent orders with the central or state environmental protection agencies for the investigation of current and former manufacturing facilities, and for the subsequent removal or remedial actions to address unacceptable risks from releases at the facility.

In addition, the firm engages in audits to ensure environmental compliance, reporting and certification. Audits are invaluable for a variety of reasons ranging from discovering data for reporting to the regulators or for ISO certification programs. From time to time, because of allegations of wrong-doing or to comply with existing laws or enforcement requirements, companies must rigorously and independently test the performance of their facility. Audits also aid in discovering serious problems in facility operations and manage the risk. Sometimes audits are done pursuant to an order by a regulatory agency. In an audit, the firm's lawyers look at issues at a single facility, within a particular program, or for a particular type of liability and gauge the level of the company's performance. A periodic compliance audit can be performed with dedicated in-house staff. Our lawyers can assist in establishing goals of audit programs, corrective action priorities as well as develop plans to address systemic non-compliance or oversee appropriate implementation.

Labor and Employment

Abbasi Associate’s labour team is well versed with the highly complex areas of labour and employment related matters at both the central and state levels and also at local employment regulators. We provide solution-oriented advice and counseling in all aspects of labour matters for employers on a wide range of workplace issues, be it with trade unions, employee related disputes or statutory compliances. Our lawyers also conduct labour law audits primarily to prevent violations. Our team possesses the acumen that is required to help clients focus on the core aspects of their businesses and resolve disputes with the employees in a manner that will ensure continuity of the clients' businesses. We also advice on employee benefits, executive compensation, traditional retirement programs, health and welfare benefit programs, employment and consulting agreements, and related litigation.

Outsourcing

With the increase in globalization of commerce and corporations, "outsourcing" has acquired a new dimension. By outsourcing non-core business operations to service providers at a lower cost, companies are increasingly inclined to focus on their core competencies and face the emerging competitive environment. A significant combination of factors such as low-cost, a large pool of educated, English-speaking professionals coupled with India's time zone position as well as an increasing evolution to form strategic alliances has made India an increasingly popular choice for outsourcing.

Abbasi and Associate lawyers possess the capability and experience, skills and industry knowledge to produce results. We structure, negotiate and can even assist in the project management of all types of outsourcing transactions. Our professionals are trained to find the best solutions based on individual client needs. Our experience ranges from classic outsourcing transactions to representations for large logistics and supply-chain companies that own, manage and distribute IT service parts for maintenance service providers and original equipment manufacturers.

Information Technology and Telecommunications

The Firm is strategically placed with special expertise in the information technology and telecommunications area through its vast experience in representations of multinational Internet, technology and telecommunications companies in cross-border transactions relating to the establishment, procurement, sale, development and protection of their products and services. Our lawyers understand the client's business and the technologies involved in order to provide practical advice. Also, we advise client on issues arising out of technology and content licensing, outsourcing, protection of all intellectual and industrial property rights including domain name and trademark disputes.

The Firm's professionals have extensively represented, negotiated and structured transactions on behalf of telecommunications clients, ranging from fixed, mobile, satellite as well as terrestrial activities to hardware and set up of telephone exchanges, with private companies and the regulatory authorities. Our experience also includes drafting and negotiation of interconnection agreements.

Mergers and Acquisitions

Concurrently with the corporate practice, our Mergers and Acquisitions team is dedicated to providing committed, innovative and resourceful solutions that reflect our many years of experience and insight into the specialized demands of each transaction. The capability of our firm includes a full range of merger and acquisition activities for listed, public (un-listed) and private companies. Transaction sizes vary from very large mergers to medium and even small private acquisitions and dispositions. We have represented both acquirers and sellers in highly complex and large transactions. We also work very closely with merchant bankers. Our experience includes the full range of Mergers & Acquisitions activity conducting legal due diligences, structuring and negotiating transactions, including amalgamations, mergers, assets and stock transactions in both friendly and hostile takeovers.

Cyber Laws

Success in any field of human activity leads to crime that needs mechanisms to control it. Legal provisions should provide assurance to users, empowerment to law enforcement agencies and deterrence to criminals. The law is as stringent as its enforcement. Crime is no longer limited to space, time or a group of people. Cyber space creates moral, civil and criminal wrongs. It has now given a new way to express criminal tendencies.

Abbasi and Associates provides legal advise and awareness in law enforcement tools and their expertise help to tackle the problem; old laws didn’t quite fit the crimes being committed, new laws hadn’t quite caught up to the reality of what was happening, and there were few court precedents to look to for guidance. Furthermore, privacy issues are being informed and tackeled well by the firm.

We also deal in the following areas:

Admiralty & Maritime Adoption Advertising Aerospace Law Agency & Distributorship Alternative Dispute Resolution Antitrust & Trade Regulation Aviation Law Banking Law Bankruptcy Business & Industry Business Law Civil Litigation Commercial Law Communication Competition Law Computer & Software Construction Accidents Construction Law Copyright Criminal Law Customs Law Debtor & Creditor Divorce E-Commerce

Education Law Elder Law Energy Entertainment Law Environmental & Natural Resources Environmental Law Estate & Trust Family Law Finance Financial Litigation Franchising General Practice Human Rights Immigration Import & Export Insurance & Reinsurance International Investments International Law International Trade Internet Law Joint Ventures Licensing Law Litigation Local, Municipal & State Law Media

Mediation Motor Vehicle Accidents Natural Resources Offshore Services Oil & Gas Patents Personal Injury Premises Liability Privatization Law Product Liability Project Finance Property Law Real Estate Regulatory Law Science & Technology Securities Sports & Recreation Taxation Telecommunications Law Torts Toxic Torts Trade Trade Investment Trademark Transportation Unfair Competition