Anti-Corruption & Compliance
The Firm regularly advises clients on Indian anti-corruption laws as well as on the Indian implications of the U.S. Foreign Corrupt Practices Act (FCPA), 1977, and the U.K. Bribery Act, 2010.
The Firm represents companies and individuals in some of the biggest graft prosecutions in India and boasts of handling white-collar crime prosecutions which are on a rise in India.
In the area of white collar crimes, we have, in the past assisted clients on various issues including those emanating from allegations of fraud, bribery, embezzlement, misappropriation, money laundering and accounting irregularities, as well as provided assistance in formulating and implementing remedial and preventive mechanisms.
The Firm has been called upon to render assistance in a broad range of capacities including as investigators, transactional and policy advisors as well as legal representatives before authorities, tribunals and courts.
The advice provided by the Firm encompasses elements of company law, criminal law, anti-corruption laws, tax laws, sector-specific compliance guidelines as well as compliance requirements under specific procurement regulations.
Our Partners:
Mumbai
Deepak THM
Mumbai
Overview
Deepak is a Partner in the corporate team of the firm’s Mumbai office with over 2 decades of experience. He has extensively advised domestic and international clients on joint ventures, M&A and private equity transactions. He also advises his clients on corporate structuring and matters of general corporate and regulatory nature.
Experience Statement
Joint Ventures
- Advised one of India’s largest corporate conglomerate in its joint venture to develop a resort in Andaman & Nicobar.
- Advising a European global engineering and technology company in setting up a joint venture in India with one of India’s largest conglomerate to set up hydrolyser projects.
Mergers & Acquisitions
- Advised Reliance Capital’s on its stake sale to Nippon Life in Reliance Nippon Mutual Fund.
- This deal has been awarded ‘M&A Deal of the Year, 2020 - Midsize’ by the ALB India Law Awards.
- This deal has also been recognized as one of the winning ‘Deals of the Year' 2020 by India Business Law Journal.
- Advised a consortium of domestic and foreign private equity funds in the acquisition of housing finance business of one of the largest Indian private banks.
Private Equity
- Advised TR Capital’s on its investment in Sapphire Foods, the franchisee of KFC and Pizza Hut.
Mumbai
Jay Parikh
Mumbai
Overview
Jay is a Partner in the Banking & Finance, Insolvency & Corporate Restructurings and Corporate/M&A/PE teams at Luthra and Luthra Law Offices India Mumbai office.
Previously, Jay has been a Partner at Shardul Amarchand Mangaldas (Mumbai) (SAM). Before SAM, he was a founder-partner of Verus and was Co-head of the firm’s corporate advisory & transactions practice.
Over the years, Jay has gained considerable experience in Banking & Finance, Restructurings & Insolvency and Corporate/M&A/Joint Ventures/Private Equity and Capital Markets practices.
Experience Statements
Banking & Finance
- Advised GMM Pfaudler Ltd. on acquisition finance facilities for its acquisitions in India and abroad.
Insolvency & Corporate Restructurings / Debt Resolution
- Advised UVARCL in its resolution of debts of Reliance Communications Ltd. and Reliance Telecom Ltd. as part of their respective corporate insolvency resolution processes.
Mergers & Acquisitions
- Advised Dr. Lal Path Labs Ltd. on its acquisition of Suburban Diagnostics (India) Pvt. Ltd. for INR 12,000 million (approx.).
Private Equity & Venture Capital
- Advised Neev Fund II on its follow-on investment in Blue Planet Environmental Solutions India Pvt. Ltd. – a leading end to end solutions company for waste management and up-cycling.
General Corporate
- Advised Luxottica Group on the restructuring of its Indian operations involving inter alia reduction of capital of RayBan Sun Optics India Limited.
Projects & Infrastructure
- Advised Rolls-Royce Power Systems on its proposed bid as a Contractor in connection with an Asian Development Bank (ADB) funded 70MW gas-based replacement power project at Sivasagar district, Assam.
New Delhi
Kedar Sharma
New Delhi
Overview
Kedar Sharma is a Partner at Luthra & Luthra Law Offices India. He is working in the firm since 1998 and have 24 years of post-qualification experience. He specializes in the areas of General Corporate, Real Estate, Regulatory, Private Client Practice and Compliance. He has conducted a large number of legal / corporate due-diligence and possesses extensive experience in handling and liasoning with the Governmental and Regulatory Authorities. He has often worked or liaison with the officials of Ministry of Finance (MoF), Reserve Bank of India (RBI), Ministry of Home Affairs (MHA), Department of Telecommunication (DoT) and various other Ministries & Govt. departments for various clarification / approvals / licences etc
New Delhi
Navin Syiem
New Delhi
Overview
Navin has over 20 years of experience advising clients on large multi-currency and multi- sourced financings, domestic and cross border acquisitions (including club deals and deals run through an auction process), cross border investments and has extensive multi-jurisdictional experience in M&A, finance and security package structuring and advising on, drafting and negotiating transaction documentation. He has specific experience in acting on transactions in emerging markets across a range of sectors including infrastructure, energy, telecommunications, banking and finance, technology and financial services. He also has experience in clean energy financings.
With his significant corporate experience, Navin regularly advises clients on public and private M&A transactions, corporate restructurings, joint ventures and private equity transactions. With a strong M&A focus, he regularly advises clients on structuring M&A transactions, leading the legal due diligence of the target companies and advising on issues arising out of such diligence and drafting and negotiating the transaction documents. Navin also has experience advising on M&A transactions through competitive bidding.
He regularly acts for foreign and domestic clients, including Oaktree Capital, Molson Coors, Sequoia Capital, ANI Technologies (OLA), Mountainia Developers (OYO), InfraCo Asia, Albright Capital, Anheuser Busch InBev, ReNew Power, Avery Dennison, Canadian Solar, Metro Cash & Carry, Sterlite Power, Jacobs Inc.
Mumbai
Nishant Singh
Mumbai
Overview
Mr. Nishant Singh is a Partner at Luthra & Luthra Law Offices India and specializes in the area of Mergers & Acquisitions, Private Equity & Venture Capital and Banking & Finance.
Nishant is admitted to practice law in India and the State of New York (USA). In the last 19 years, Nishant has worked on a wide array of equity and debt financing transactions across multiple sectors and countries. In the M&A space, he has worked on listed as well as unlisted company transactions including, public takeover, PIPE, going private, JV and minority or majority equity investments. As regards the debt investment, he advises on structured debt funding and re-structuring transactions.
Nishant also advises corporate houses and HNI’s in relation to investigations by government agencies like Serious Fraud Investigation Office, Central Bureau of Investigation, Enforcement Directorate, Economic Offence Wing for charges of bribery, money laundering, corporate fraud and various other offences and assists clients in formation of internal corporate policies and structures against anti-bribery, anti-corruption, anti-corporate fraud, whistleblowing, anti-sexual harassment, data privacy and cyber security.
Prior to joining Luthra & Luthra Law Offices India, Nishant was a partner with IndusLaw, Mumbai and prior to that with Khaitan & Co, Mumbai. Also, his past international experience of working with the top tier law firms in San Francisco (Perkins Coie LLP), New York and London (Dewey & LeBeouf LLP) offers his clients a distinctive approach and expertise on cross-border deals.
Nishant has consistently been endorsed as a ‘Leading Lawyer’ for financial and corporate law in India by IFLR1000 (2019-23) and as an ‘Elite Legal Practitioner’ in Asia Pacific Region by Legal 500 (2018-2022).
Nishant has been recognized as one of the ‘Leading Lawyers of India’ for Banking & Finance, Corporate/M&A and Private Equity by asialaw (2015-2023), and a ‘Rising Star’ by Legal Era Awards 2016.
Experience Statement
- Advised Future Group in relation to USD 5 billion debt re-structuring of Future Retail Limited, Future Enterprises Limited, Future Lifestyle Fashions Limited, Future Consumer Limited, Future Supply Chain Solutions Limited, and other unlisted companies for all outstanding debt owed to 28 Indian banks-consortium under the resolution framework for COVID-19-related stress announced by the Reserve Bank of India.
- Advised Agritrade Resources Ltd., a listed company on the Hong Kong Stock Exchange, in relation to acquisition of SKS Power Generation (Chhattisgarh) Limited through a One Time Settlement of INR 2170 crores (approx. USD 350 million) for all outstanding debt to State Bank of India, L&T Infrastructure Finance Company Limited and PTC (India) Financial Services Limited.
- Advised Engie Solar SAS and Electro Solaire Private Limited in a project financing for an amount of USD 100 million approximately availed from the Asian Development Bank and Société Générale for setting up a 2x 100MW AC grid-connected solar PV project in Raghanesda Solar Park, Gujarat.
- Advised IndoStar Capital Finance, a listed company, in relation to Brookfield Asset Management’s acquisition of 40% stake for INR 1225 crores through a mix of primary and secondary shares from Everstone Capital, infusion of capital in IndoStar Capital Finance, and public shareholders under the Takeover Code.
- Advised American International Group Inc. in its sale of American Life Insurance Corporation to MetLife Inc. for USD 15.5 billion.
New Delhi
Ritu Bhalla
New Delhi
Overview
Ritu Bhalla is a Partner in the dispute resolution practice of the Firm. In her career spanning over 3 decades, she has gained extensive experience in corporate commercial disputes, arbitration matters and specialises in litigation and dispute resolution in areas such as banking & finance, insolvency, regulatory, infrastructure, administrative, white-collar, etc.
She has represented both Indian and multinational clients in various fora including Supreme Court, High Courts, NCLAT, NCLT, DRAT, DRT, quasi-judicial tribunals, domestic and international commercial arbitrations, and has also led teams in undertaking investigations and legal forensic assignments.
She has handled high stake matters and has represented clients in several commercial arbitration matters, successfully obtaining favourable awards for her clients. Ritu has also advised clients on critical litigation strategies.
New Delhi
Shikher Deep Aggarwal
New Delhi
Overview
Shikher has demonstrative career with experience of almost a decade at the Bar. He specializes in advising clients on a wide variety a legal issues. Shikher has enabled various companies to establish themselves, especially where there is a lack of proper regulatory regime. Shikher regularly appears before the Supreme Court of India, Delhi High Court (till date he has appeared before 8 High Courts), districts courts and various tribunals.
At the firm, Shikher has advised and represented some of the most prominent corporates which include Toyota Kirloskar Motor Pvt. Ltd., Renault Nissan Automotive India Ltd., ANI Technologies Pvt. Ltd. (Ola Cabs), Twitter Communications India Private Limited, M/s Fashnear Technologies Pvt. Ltd. (Meesho), Rebel Foods Pvt. Ltd. (Foodpanda), In-shorts Group, Star India Pvt. Ltd., Dish TV India Ltd., etc.
Experience Statement
- Represented former promoter group comprising of KAL Airways and Mr. Kalanithi Maran against SpiceJet Limited and its promoter Mr. Ajay Singh (M/S KAL Airways Ltd. & Anr. v. Spicejet Limited & Ors.). KAL Airways and Mr. Kalanithi Maran initiated arbitration proceedings citing various breaches / non-compliances with the terms of the Share Sale & Purchase Agreement by SpiceJet and Mr. Ajay Singh.
- Representing Crystal Crop Care Protection Ltd. in a complex criminal prosecution launched by CBI, Gandhinagar and Directorate of Enforcement (ED) in relation to alleged fraudulent claim of Terminal Excise Duty running into crores of rupees. Recently, the Adjudicating Authority, PMLA, had passed an order confirming the provisional attachment order whereby ED had attached properties worth crores of rupees. Shikher has successfully obtained a stay on the order passed by the Adjudicating Authority, PMLA. The case is currently pending adjudication before the Hon’ble High Court of Delhi.
- Represented Philips India Ltd. (Mr. Mehul Kamik of Philips India Ltd.) successfully in a pending Common-Wealth Games matter (CBI case) before the Special Judge, CBI. Shikher representing the accused on behalf of the Firm and was successfully able to seek discharged of the accused. This was the first occasion where a CBI Special Court had discharged an accused in the Common-Wealth Games scam, purely on merits.
- Advising Twitter India regularlyin relation to various compliances under the regime of the IT Act as well as the recently framed Information Technology (Intermediary Guidelines and Digit Media Ethics Code) Rules, 2021. Apart from this, Shikher has also assisted the clients in strategizing and formulating responses to the notices (for e.g., Notice issued u/s 91 of the Code of Criminal Procedure, 1973, take-down notice issued by various law enforcement agencies, etc.) to the client.
New Delhi
Shinoj Koshy
New Delhi
Overview
Shinoj is a dual-qualified attorney, qualified in India and England & Wales. He has extensive experience in key financial centers of London, New York, Dubai, Mumbai and New Delhi, working on domestic and cross-border M&A transactions and private equity investments. He has acted on both sell and buy-side mandates. Over the last 18 years of his practice, he has advised on transactions with a cumulative deal value of over USD 40 billion.
His practice focuses on corporate transactions, particularly M&A; joint ventures, corporate finance (equity and debt investments); commercial dispute resolution (shareholder disputes, post-closing pricing disputes in M&A); employment matters, governance issues and internal investigations in matters related to anti-bribery & anti-corruption and FCPA & UKBA compliance).
Shinoj’s diverse and global experience gained at Linklaters and Cleary Gottlieb Steen & Hamilton has helped him understand clients’ business and commercial objectives, to advise and implement legal strategies to achieve their objectives most optimally.
Shinoj is closely associated with industry associations like the Federation of Indian Chambers of Commerce & Industry (FICCI) and Invest India; advising them on ways to promote FDI in key sectors like Infrastructure, Manufacturing & Retail and E-commerce. Additionally, he is also a member of the India-Jersey Advisory Group advising the States of Jersey government on its interactions with the Government of India.
Shinoj regularly lectures at law universities like the National Law School of India University (NLSIU), Bangalore and National University of Juridical Sciences (NUJS), Kolkata. His analytical writing and comments are published in both national and international peer-reviewed journals and industry publications like IFLR, IBLJ, IBA Asia Pacific Journal, The Mint and The Hindu Business Line.
Experience Statement
- Advised Anhui Conch Cement Company Limited, China’s largest cement manufacturer on its bid to acquire Lafarge’s cement manufacturing business in North India.
- Advised British Telecom on its USD 90 million acquisition of an Indian telecom company and start its outsourcing operations in India.
- Advised DoIT Smart Hospitality (India) Private Limited on its USD 15.23 million acquisition of the Ambience Hospitality Management Private Limited and its subsidiary which runs The Palms Town and Country Club.
- Advised Everstone on its USD 52 million acquisition of Aon Hewitt’s payroll processing business through a combination of share and asset purchases in India, China, Singapore and Philippines.
- Advised Multiples Private Equity on its USD 35 million investment in Delhivery.
New Delhi
Vivek Kumar Agarwal
New Delhi
Overview
Vivek K. Agarwal is a Partner with Luthra and Luthra Law Offices India with over 15 years of diversified experience and has dealt with clients across continents and specializes in dealing with wide array of legal and associated business issues and offers solutions to business and legal needs of clients. He has the experience of advising on wide range of corporate legal matters including advising on India entry/ set-up and exit/ insolvency, corporate governance issues, restructuring, joint ventures, mergers, acquisitions.
Vivek has extensively dealt with various ministries and departments of the Government of India including the Department of Economic Affairs, Department of Revenue, Ministry of Corporate Affairs and Reserve Bank of India and has also been a contributor to the Government in its efforts to bring about changes in policies and business landscape in India from an ‘Ease of Doing Business’ perspective. He is also a regular contributor to the World Bank in conducting its ‘Ease of Doing Business’ study in India.
Vivek has advised various multinational as well domestic clients in areas of corporate and commercial laws and has helped a number of clients’ set-up their India presence and strategize their business closure and India exit and also on obtaining relevant government approvals. His experience brings in a mix of effective implementation strategy and legal expertise and he strives to deliver the best solution to clients with his practical approach and efforts to balance risk with desired client objective.
Experience Statement
- Acted at the behest of one of the largest steel manufacturers in the world in its acquisition of the distressed steel business of the Essar group in India under the Insolvency and Bankruptcy Code, 2016.
- Assisted the monitoring agency in negotiations and implementation of the resolution plan of an Indian listed steel major in acquisition of another listed entity in the steel business under the Insolvency and Bankruptcy Code, 2016.
- Assisted in completing the acquisition of the shares of the Indian subsidiaries of a leading identity management solutions provider in the United States following which the acquirer became the world leader in biometric identity solutions.
- Assisted a Chinese business house in completion of their asset and business acquisition of Brakes business units from a premier supplier of automotive chassis products to OEMs in the U.S., Europe and Asia.
- Assisted in setting-up of the successful venture which holds the exclusive right to organize and stage the hugely successful ‘Pro-Kabaddi League’.