January 18, 2023

White Collar Crime & Criminal Laws

A selective focus shot of male hands in handcuffs on a wooden table
Banking, Insurance & Finance

TYJ has expertise in advising clients on risks and developing compliance programs tailored to the needs of their respective industrial sectors. The firm handles all types of investigations, including financial misconduct, fraud, bribery, public and private corruption, accounting irregularities, internal company investigations, and referrals from audit committees.

We conduct internal investigations and audits while reporting on necessary remedial measures, identifying systemic weaknesses and potential actions to address them.

TYJ defends companies and individuals in proceedings initiated by SFIO, ED, PMLA, and SIT and provides representation at all stages, including court appearances. The partner level support that our clients receive in sensitive matters, is incomparable.

We have extensive experience in advising clients on the prevention and protection from corporate and accounting fraud, data privacy theft, corporate compliance issues, Intellectual property theft, embezzlement, and money laundering. We regularly work with forensic auditors and agencies to gather evidence for investigations. Our clients appreciate the sophisticated strategies we develop for handling sensitive and politically charged matters.

We have the capacity to handle the high volume of litigation often associated with such cases across various forums, including arbitration. Our team advises audit committees and company boards on a range of pre- and post-investigation strategies, including benchmarking compliance programs, revising compliance programs, and conducting training based on industry and regulatory best practices. Our services include legal advice on potential offenses under Indian law, integrity checks, and field intelligence services.

January 8, 2022

Packaging & Compliances Laws

Packaging & Compliances Laws

TYJ deals with and clearly understands laws like Legal Metrology, Drugs, Cosmetics, Seeds Act, and Insecticides. We have been a one-stop solution for these subjects for decades, and we proudly adopted these acts when they were born as they came and dissolved in our practice since inception.

It is important for businesses to ensure that their packaging and labeling comply with local regulations in order to avoid potential legal issues. Our firm provides extensive advice to clients on how to meet these requirements for both local retail and import. Proper packaging and labeling can help businesses ensure that their products are safe and accurately labeled, which can help build consumer trust and protect against legal liability.

In India, it is illegal for wholesale dealers, distributors, or importers to sell, distribute, or display packaged commodities that are misbranded or non-compliant with the statutory labeling requirements. It is important for businesses to ensure that their packaging and labeling comply with these requirements in order to avoid potential legal issues. Proper packaging and labeling can help businesses ensure that their products are safe and accurately labeled, which can help build consumer trust and protect against legal liability.

In India, the labeling requirements for packaged commodities are governed by the Legal Metrology Act, 2009 and the Legal Metrology (Packaged Commodities) Rules, 2011. These laws set out the specific requirements for labeling packaged commodities, including information that must be included on the label, the font size and style that must be used, and the placement of the label on the package. The labeling of food products is governed by the Food Safety and Standards Act, 2006 and the Food Safety and Standards (Packaging and Labeling) Regulations, 2011. These laws set out the specific requirements for labeling food products, including information that must be included on the label, such as the name of the product, the list of ingredients, and the name and address of the manufacturer or distributor. It is important for businesses to ensure that their packaging and labeling comply with these requirements in order to avoid potential legal issues.

TYJ has noticed and played a great role in these laws, i.e., these acts for standards of weights and measures, regulate trade and commerce in weights, measures, and other goods sold or distributed by weights, measure or number and for matters connected therewith or incidental to that.

We have been advising private bodies and various States in India, including the central Act, i.e., Government of India. We have been supporting hands to legislators in interpreting various provisions from time to time.

TYJ is one of the renowned platforms that judiciously deals with the entire package of Legal Metrology which is always clubbed with either Food laws (FSSAI), Drugs & Cosmetic Act, Seeds Act, or Insecticides Act. We advise many chemicals, Agriculture, fertilizers, liquor, Pharmaceuticals, FMCG, Electronics, Weight & Measure entities based in India.

The following we execute at the instructions of our clients and has been routine work for us for decades-:

  • Taking care of pre-packaged commodities, including Audits of warehouses, and factories, designing the Artwork, and Package verification.
  • Approval of various Models, i.e., machines, instruments, and gadgets.
  • Verification and calibration of instruments such as weighing machines, Bridge, Automatic and manual.
  • Software sealing and calibration
  • Support for Lab reports for the food companies.
  • Representation before authorities LM, FSSAI, Seeds, insecticides, etc.
  • Filling Writes and takes care of ongoing notices and litigation before the court.
  • Compounding the offenses at PAN India Level.

Non-compliance with the prescribed statutory requirements and the regulatory registrations/licenses triggers monetary penalties.

At our firm, our lawyers have expertise and updated knowledge of the laws, regulatory requirements, and industry practices related to packaging and labeling in India. This allows us to provide our clients with practical and solution-oriented advice. Our client base includes Indian and international companies with a range of operations, including existing businesses that want to export to India or set up a franchise in India, as well as small-scale operations. We can help these companies navigate the legal requirements and challenges related to packaging and labeling in India and provide advice on how to ensure compliance.

January 8, 2022

Starts-Ups & Business Ideas

Starts-Ups & Inventive Business Ideas

The firm possesses a special inclination towards helping start-ups and has been dedicatedly advising our new-born clients into their different visions and goals. For start-ups, the firm offers “Sampurana Solution” i.e., one-stop solutions which may start from advisory, drafting, and compliances.

We are the proud backbone of more than 100 start-ups who have received and continue to receive our unwavering support and expert guidance. We provide legal, structural and regulatory solutions, specifically catering to entrepreneurs and start-ups to guide them through all phases of their growth process, including incorporation, structuring, compliances, funding options, and employee stock options, amongst others.

We have a diverse clientele having innovative thinkers, entrepreneurs and path-breakers in varied fields such as education, logistics, food, and technology, who have trusted our expansive legal knowledge, and enabled our expert start-up lawyers to advice start-ups in making efficient and futuristic decisions. Our team’s prowess in the start-up realm helps budding companies to adhere to the legal and regulatory compliances. We manage their full contract lifecycle by skilfully drafting appropriate contracts to maintain a promising relationships with the vendors, consumers, employees, and others, while protecting our clients’ intellectual property rights (IPR).

We aim to revolutionise the approach taken by Start-ups in a way that our clients seek our services at every step without having to worry of exorbitant legal costs. To keep it feasible for start-ups to engage our  legal support, we have designed a plan where we take care of all their legal needs, right from the incorporation of the company, it’s registration and recognition as a Start-up, to mandatory compliances, helping them procure funding, drafting and vetting their contracts, filing their statutory compliances, making applications for IPR, taking care of their taxation and audits as well as designing exit strategies for start-ups when required.

January 8, 2022

Arbitration, Mediation & Conciliation

Arbitration, Mediation & Conciliation

TYJ Jurists are members of many institutions at PAN India and work for us on a case-to-case basis.  We are also providing industry-specific experts who act as Arbitrators & Mediators. We are taking the subject of International arbitration for various foreign institutions.

We have experienced Supreme Court and High Court retired justice(s) who represent us before the arbitral tribunals.

We have domain-specific jurists who represent before the tribunals and court for allied instant relief and injunctions. We are also working closely with many arbitration institutions and give advisory and legal support to them for their ongoing cases queries.

January 8, 2022

Corporate, Commercial & Governance

Corporate, Commercial & Governance

Corporate law governs the rights, relations, and conduct of persons, companies, organizations and businesses. We represent our clients in litigation proceedings under all aspects of business and corporate law in India before various courts and tribunals.

We advise high stake commercial risk base matters which include investment, current transactions, drafting various agreements, deed, MOA and AOA. Merger, De-merger, orders from NCLT, filing various kinds of serious fraud complaints to contest them before various regulators are all routine work for TYJ. Our decades of experience at the heart of the industry sectors including insurance, real estate, technology, media and telecom amongst others, positions us effectively to help our client adapt to the fast-evolving landscape and make the most of the opportunities it brings. Additionally, we regularly advise on regulatory and compliance related issues such as matters involving Foreign Exchange Management Act, and those requiring approvals from the Reserve Bank of India, the Foreign Investment Promotion Board and the Cabinet Committee on Economic Affairs.

Tax implications of the deal structure, approvals from the Competition Commission of India and intellectual property protection are critical in every merger and acquisition, joint venture or a private equity deal. Our tax, competition law, intellectual property and regulatory teams collaborate closely with the General Corporate team to deliver deals seamlessly.

Areas of Focus:

  1. Merger and Acquisition: We play a pivotal role for international companies wishing to acquire existing businesses in India, or Indian companies wishing to acquire businesses within or outside India, through a comprehensive range of services, including advice on related regulatory issues.
  2. Private Equity: We have delivered innovative, focused and efficient strategies to culminate some of the most complex, structured and massive private equity deals for our clients across various industries.
  3. Joint Ventures & Collaboration: We guide and assist our clients in developing optimum structures for joint ventures and collaborations and negotiating various agreements etc. across all sectors.
  4. Real Estate: We assist clients in matters relating to land and property acquisitions, development of land parcels, structuring of FDI in real estate, commercial leasing, and setting up diverse assets such as multi-specialty hospital & hotel projects, development of townships and SEZs, etc.
  5. Insurance: Our team advises clients on entry strategies and licensing of new ventures, regulatory compliances, product development including life, general and health insurance, coverage issues, insurance claims, joint ventures, acquisitions and increasing of equity to permissible limits in existing insurance companies.
  6. Employment: We advise our clients on various employment law related issues such as hiring and termination of employees, creation of employee trusts, stock option schemes, and benefits and policies affecting employees, social security related issues, sexual harassment at workplace and women’s safety.
  7. Technology, Media & Telecom: We provide a range of customised legal services to connect with the business needs that cater to the developments in the dynamic TMT industry.
January 8, 2022

IT, AI & Data Protection

IT, AI & Data Protection

IT law encompasses aspects of contract, intellectual property, privacy and data protection laws.  As the laws related to Information Technology, AI, and Data Protection are evolving, it is very important to have professionals who have a strong working knowledge of law and data protection regulations that govern the sector in our country. We are assisting and advising clients in the preparation of clickwrap contracts and privacy policies for their e-comm platforms. The firm represents various entities as per Information technology, Data Protection Laws and related disputes arising which ate technical in nature. The firm’s specialized privacy and data protection practice help our clients formulate their data protection management program, develop data protection policies, document data flows within their organization, and categorize sensitive personal data to ensure that requisite controls are put in place to safeguard such databases from frauds and risk.

Our team brings its unique understanding of the issues that lie at the intersection of technology, business and law to advise clients on a range of issues, from mergers and acquisitions, regulatory and commercial advice to policy advice and dispute resolution. Our expertise spans all facets of the technology and AI landscape.

Our team is widely regarded for its ability to evaluate new and complex technology business models to help our clients identify the most commercially viable ways to commercialise these models while still adhering to the legal and regulatory constraints in the sector. We work with technology companies looking either to provide services offshore from India or build their domestic operations here. We assist in drafting and negotiating cutting-edge technology agreements on areas as diverse as co-location, online user arrangements, payment portals, platforms, and the shared economy model.

Our team has consistently adopted an innovative approach and engaged with clients on key compliance requirements and on implementation of customised solutions for them.

We advise clients across the entire legal spectrum of data protection concerns, ranging from advice on general regulatory compliance, transaction related advice, drafting and review of policies, data processing agreements and other associated documents, cross-border data transfers and disclosures, government access requests, data security and breach notification, data retention, use of new age technologies, defence against investigations and proceedings regarding data protection violations or security failures. We also advise on data protection matters in certain niche sectors such as blockchain, internet of things, cloud, artificial intelligence, etc.

January 8, 2022

Recovery & Strategies

Recovery & Strategies

Debt recovery laws in India are a set of laws governing the process of recovering debts owed to a creditor by a debtor. We represent our clients in recovery suits for debts and provide consultation in matters under the Insolvency and Bankruptcy Code, 2016 (IBC). Our firm has advised and represented various creditors as well as debtors in a number of cases under IBC. We have a very rich background and its results have been showcased in advising, recovering, and strategy making to recover the debts for all segments of debts.

We have a track record of maintaining high values for our clients at PAN India before:

  1. National Company Law Tribunal (NCLT’s, NCLAT) under insolvency laws of India.
  2. Debt Recovery Tribunals.
  3. Traditional methods with Summary Suits, Money Decree suits etc.
  4. Petitions for SMEs and under various other laws.

Our firm also represents the various GST departments before NCLT, NCLAT and Supreme Court of India.

Our experience covers the entire range of the practice under IBC, starting from restructuring under formal and informal procedures towards revival for corporates with early signs of distress, to processes involving actual liquidation and winding down of businesses.

We have considerable experience in representing acquirers, stressed assets funds, domestic banks and financial institutions, trading and finance companies, lenders, issuers, and borrowers in diverse banking and financing transactions. We are frequently involved in structuring, documenting, recovery litigation, asset control and asset reconstruction, debt recovery, and negotiating various secured and unsecured financing transactions.

Our Recovery, Advisory & Litigation Practice works closely with other practice areas within the firm, primarily M&A, Tax, Employment and Dispute Resolution, to provide a comprehensive solution encompassing financial restructuring and recovery, insolvency, corporate re-organisation, restructuring of non-performing assets, creditors’ rights, and contingent preparedness against any peripheral litigation.

January 8, 2022

Trademark & Intellectual Property

Trademark & Intellectual Property

Intellectual Property law deals with laws to protect and enforce rights of the creators and owners of inventions, writing, music, designs and other works, known as the intellectual property. Our team that handles trademarks, patents and copyrights registration, objection and representation is one of the most active and highly regarded in the country. Our practice is not limited but exhaustive of all things related to your trademarks, patents, copyright and other IPs.

The firm provides services at all levels including licensing, litigation, transactional support and registration. The spectrum of our service ranges from conceptualisation to enforcement and from negotiations to creation of complex corporate structures based on intellectual property.

Areas of Focus:

1. Search and Analysis- We specialise in conducting searches for patents that may offend the scope of one’s own property or keep a standing watch on activities of competitors. The different types of patents and non-patents searches in which we specialise are patentability search, patent validity/invalidity search, Freedom to Operate (FTO) search, infringement search, State of the Art Search, and patent landscape search.

2. Drafting- Our patent attorneys identify, draft and prosecute patent applications in the fields of software, electronics, wireless communication technologies, semiconductors, pharmaceuticals, and petrochemical, chemical, electrical, and mechanical engineering. For trademark aspects, we regularly assist our clients in drafting specification for goods and services that adequately covers the existing and future business areas, while ensuring optimal protection.

3. Filing and Procedure- We have vast experience in the prosecution of patent and trademark applications before the Patent Offices and Trademarks’ Registry across all facets of technology and business. Prosecution, maintenance of trademarks and patents and post registration or grant requirements are generally managed from our office in Delhi, and matters are effectively handled and concluded in all jurisdictions.

4. Contentious Proceedings- We have extensive experience in handling contentious proceedings such as oppositions and cancellations before the Patents Office, Trademarks Registry and the Intellectual Property Appellate Board.

5. Protecting IP Overseas- We advise our clients in selection of foreign jurisdictions in which protection should be sought by assisting them in addressing issues such as scope of protection, intention to exploit, and position of law in aspects such as obligation to work and compulsory licensing.

6. IP Enforcement and Litigation- We handle intellectual property litigation matters in courts in India involving patent and design infringement, trademark infringement, trade dress and trade name violations, passing off, copyright, and other forms of intellectual property violations including protection of confidential information and domain name disputes.

7. Licensing and Transactions involving IP- We work extensively in transfer of technology transactions, both on behalf of the licensor and licensee, and therefore, are in a position to offer advice from both perspectives. We routinely advise clients in structuring of franchises, on transactions involving sale of trademarks along with other assets, licensing of content, software development agreements, technology transfers and patent and know-how licenses.

8. IP Audits and Due Diligence- We are equipped to carry out intellectual property audits for our clients wherein we would, in addition to other aspects, look into the documentation of the existing portfolio, uncover unprotected intellectual properties that clients may be interested in securing protection for, review documents of ownership, suggest structures and procedures to be adopted to minimise loss of intellectual assets, and equip management to take decisions on leveraging its intellectual property.

January 8, 2022

Regulators & Securities

Regulators & Securities (FDI, FATF, FEMA, SAT & SEBI)

Securities law is the group of laws and regulations that govern the issuance of securities. We provide our clients with all the services related to compliance and related advice. TYJ is advising on many FDI-related issues, which include the opening of BO (Branch offices) and subsidiaries in India, strategy making and investment of funds in India and in other foreign jurisdictions, risk analysis, providing opinions on the various transactions, appearing and representing clients, etc. We have been offering all kinds of assistance, guidance, and advisory to foreign companies in setting up them in various Government provided relaxation zones like EPZ, SEZ, etc. We have been regularly representing our clients before SEBI, SAT, and other serious fraud regulators and institutions.

Against the backdrop of a complex and evolving regulatory environment, this practice area offers customised advice on financial services regulated by various regulators, including SEBI, the RBI, the IRDA and the PFRDA. As most of the matters are reputationally sensitive, our in-depth sector proficiency is valued by our clients, which include listed companies, promoters, directors, HNIs, and Indian and foreign financial institutions.

The team advises across the life-cycle of a business of a financial services entity, from establishment and obtaining a license, up to regulatory litigation, governance issues or restructuring or exits. ​Our experience helps us prepare clients for new regulations and market developments, so that they are able to choose the best option to navigate through the changing environment. ​

Areas of Focus:

1. Advisory, Compliance and Risk Advisory- We provide services regarding licensing and registrations, business expansion and structuring new product lines, ongoing compliance advisory, and innovation using financial technology.

2. Corporate Governance and Board Advisory​- We provide services regarding corporate governance for listed companies and regulated institutions, including representing companies, boards, independent board committees on regulatory inquiries and advising stakeholders such as private equity sponsors on governance concerns, advising on nominee director-company dynamics, board evaluations, executive compensation, and senior management liability.

3. Pre-Contentious, Disciplinary Proceedings and Investigations- We provide services regarding regulatory inquiries, regulatory inspections, and whistle-blower complaints, investigations or summons from regulatory and governmental authorities, assistance with internal investigations in relation to regulatory non-compliance, risk management and mitigation and evaluating potential insider trading

4. Regulatory Enforcement, Settlements and Dispute Resolution- Assisting in proceedings before SEBI across adjudication and enquiry proceedings and at the appellate stage before the Securities Appellate Tribunal and the Supreme Court of India. Dealing with the RBI, IRDA, PFRDA and FIU on regulatory show-cause notices and advising financial institutions on regulatory inquiries, settlement, compounding applications or investor complaints on alleged regulatory non-compliance, mis-selling, misuse of client assets and other public market regulations.

January 8, 2022

Labour Law

CAT, Employment, Labour & POSH

Labour laws mediate the relationship between workers, employing entities, trade unions, and the government. We provide consultation to both businesses or employers and employees to deal with their respective rights and duties under applicable laws. We have been actively advising in the matters related to the ID Act, 1947, Banking & Insurance Acts, Payment & Gratuity Acts and all other kinds of related employment benefits. Before almost all High Courts and in Supreme court, we have been successfully advising our clients under Section 17-B of ID Acts, 1947. TYJ has been conducting investigations giving recommendations as a DEO (Domestic Enquiry Officer) and under the ID and POSH Acts. Presently, we have represented before the Labour commissioner, Labour Court, CGIT-cum-labour Court and CAT. Our Labour and Employment practice has expertise in guiding clients through difficult employment situations and disputes, policy decisions and implementation, and changes in the constantly developing legislative environment.

Our employment practice is acknowledged for its attention to detail and depth of knowledge across all key aspects of engaging human capital in India, covering varied industries. It regularly works with clients in the IT or ITES, Banking and Finance, FinTech, Automotive and many other sectors.

The practice is routinely involved in labour audits for clients and frequently assists with conducting disciplinary inquiries and white-collar employee investigations. The practice is known for its abilities and expertise in matters of industrial relations and assists several significant manufacturing sector clients to navigate their union relationships, settlements, and approaches toward contentious actions like closures and relocations.

The major practice of the firm involves quality delivery of advisory and assistance in works relating to:

  • Employee compensation and benefits
  • Employment and termination-related issues.
  • Structuring bespoke remuneration and retention policies
  • Compliance with social security laws, leave entitlements, wage and hour regulations, senior management hiring and exits
  • Workforce reorganisations and right-sizing exercises, closure of businesses, diligences and employee transfers in business acquisitions
  • Structuring varying forms of employment contracts and engagement models, arrangements with contract workers and contingent workforce, separation and exit documentation, restrictive covenants, employee handbooks and policies.
  • Conducting statutory and other workplace training like POSH training
  • Disciplinary matters, trade union disputes and settlements, representation before provident fund and other regulatory authorities, immigration issues
  • Trade unions and employment-related litigation and disputes, including complaints for non-payment of minimum wages, pension, gratuity etc.
  • Disciplinary and internal departmental proceedings
  •  Employment rights and related benefits, including constitutional rights and remedies
  • Employment and service contracts
  • Strikes and layoffs
  • Formulation of the Company’s bye-laws and internal policies.
  • Handling criminal complaints as well as harassment-related issues.
  • Conducting legal audits and engaging third-party auditors for internal investigation on the internal complaint.
  • Preparing appropriate replies, holding conciliation meetings and proactively advising on resolving an employment/ labour issue.
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