Kochhar & Co.

Kochhar & Co. has a thriving corporate practice and a full-service presence in seven (7) major cities in India and a growing footprint in three (3) overseas locations with great strategic significance to investment both inbound and outbound.

Given our unique combination of Commercial law expertise, Corporate Finance and Tax, the Firm’s Corporate Practice Group’s natural forte is complex and high-value domestic and cross border M&A work, private equity investments, venture capital (including early stage and angel investments) and, with the advent of India’s Insolvency and Bankruptcy Code (IBC), corporate restructuring.

The practice is led by specialised teams of result-oriented lawyers with substantial knowledge and expertise to provide efficient, deal oriented and commercially tailored advice at each stage of a transaction be it private M&A, public takeovers, buyouts & disposals, strategic sales & disinvestment, investment both inbound & outbound, joint ventures, strategic alliances, partnerships and business restructuring.

Our M&A practice is supported by pan-India teams of market-leading Real Estate, Taxation, Employment, Anti-Trust/Competition, Intellectual Property, Regulatory and Litigation experts. Our strong industry/ sectoral focus gives us a deep understanding of the issues and the ability to anticipate risk and challenges that our clients may face.
Kochhar & Co. has advised a wide variety of clients representing diverse sectors on a range of transactions. We have acted for multinational corporations investing in India as also acquisitions by Indian entities in jurisdictions outside India.

The services that our team provides in respect of transactions include:

• Transaction structuring and strategizing
• Due diligence with special focus on the relevant sector(s)/industry
• Assistance in obtaining regulatory approvals and clearances
• Anti-Trust/Merger control filings
• Preparation and negotiation of definitive documents
• Advice on Taxation and Labour & Employment issues
• Dispute Resolution including but not limited to shareholders’ disputes

Kochhar & Co. has a significant and diversified Dispute Resolution practice covering a wide array of disputes.

• Corporate litigation : The mainstay of the practice is corporate and commercial litigation. We work on numerous cases every year for a raft of multinational and Indian companies. Typically, they involve disputes between joint venture partners, shareholders, and post-acquisition disputes. Some cases are settled, or resolved by way of meditation, while others are litigated heavily through all levels of the courts.

• Arbitration : Our disputes practice is equally strong in both litigation and arbitration. Most of our litigators also have robust arbitration experience, appearing in Indian cases, as well as in international arbitration proceedings conducted before bodies such as the ICC, LCIA, ICDR, SIAC and SAC. We represent numerous private sector businesses and some of the leading public-sector undertakings, in this domain.

• Construction disputes : Our team works on numerous high-profile construction and engineering disputes arising out of infrastructure projects, EPC contracts, real estate developments, transport projects, and other high-stake projects. Several of the construction cases are resolved through arbitration, so we have developed substantial experience and expertise here, as well as in regular court proceedings.

• Writ / Constitutional law practice : We file several writs every year on behalf of our clients challenging government tender conditions or award of tenders. We are also involved in filing writs for quashing of government orders, or punitive actions against clients and have developed a niche in this practice.

• Criminal litigation / White collar crime practice: We are one of the few pan-Indian firms with a robust white collar crimes practice. We have expertise in representing clients before the courts as well as various investigation agencies including Central Bureau of Investigation (CBI), Crime Branch, Economic Offences Wing (EOW), Special Investigation Team (SIT), Serious Fraud Investigation Office, Ministry of Corporate Affairs (SFIO), Enforcement Directorate (ED), Department of Revenue Intelligence (DRI), etc.

• Insolvency and Bankruptcy: Our bankruptcy and insolvency litigation practice team represents both creditors (financial as well as operational) and debtors.

• Consumer class actions: These cases have been on the rise in India in recent years, and we handle a large number of them.

The Firm takes pride in the fact that it is involved in some of the most complex and high stake commercial disputes in India. We understand time is of the essence for most strategic litigation and we endeavour to provide practical, workable solutions to the extent possible.

Kochhar & Co. provides a full range of corporate Real Estate services to its clients.  Multinational corporations, developers and individuals have consistently retained our highly experienced team for its advice at all stages of real estate transactions. The Real Estate Practice Group is proficient in handling a variety of matters on a pan-India basis including in Tier 1, 2 & 3 cities.

Our lawyers advise on the entire life-cycle of a Real Estate transaction, from structuring and title diligence to negotiation, preparation of transaction documents and closing. The Firm regularly advises on joint ventures and collaborations in the real estate space, setting up of factories and manufacturing units, acquisitions and leasing of development land, industrial parks, power projects, and data centres, and sale and lease back arrangements.

The practice group acts for clients in relation to private equity investment in real estate projects and exit mechanisms.  While a significant part of the Firm’s Real Estate practice is non contentious, advisory and transactional in nature, the Firm has also handled complex legal disputes pertaining to real estate.

The Firm’s cross-practice expertise in Taxation and Commercial law is also brought on to the table while handling matters.

The Firm combines its legal expertise with a sound knowledge of the local regulatory environment in delivering customised and result oriented solutions to its clients. The team is highly experienced in settling claims arising due to but not limited to contracts, title or construction disputes, etc.

With its key focus on real estate transaction support, conveyancing, regulatory compliance, the team is a perfect amalgamation of experience and hands-on practical approach. Our in-depth knowledge of Indian property laws, inheritance and regulations, especially RERA coupled with commercial understanding of this sector, gives us a cutting edge in the industry.

For over a quarter of century, the Firm’s Intellectual Property Rights (IPR) Practice Group has been providing quality legal services to clients on all aspects of creation, registration, protection and commercialisation of proprietary rights.

The IPR Group extensively handles matters relating to prosecution, registration, protection and enforcement of Trade Marks, Patents, Industrial Designs and Copyrights. This covers conducting of feasibility searches in national & international IP databases, filing applications to register new IP, drafting patent applications, providing infringement analysis & opinions including Freedom to Operate opinions.

In addition to the traditional IP issues, the IPR Group advises on the law of unfair-competition, domain-name matters, IP infringement on the internet and IP issues concerning media and advertising. The IPR group assists clients in drafting their corporate IP policy, conducting extensive IP audits to review and analyse the scope and status of IP assets - both registered and unregistered covering not only the classical IP areas but matters concerning employee know-how, confidentiality and trade secrets as well.

The IPR Group works closely with clients on issues relating to monetization of their IP assets covering complex IP licensing and cross-licensing deals. The IPR Group also undertakes extensive IP due-diligence exercises as part of M&A transactions.

The specialised IP enforcement team comprising of experienced investigators & litigators track infringement activities against products & services of its clients and initiate appropriate legal proceedings in Indian Courts covering both the Civil as well as Criminal Law remedies. The team has considerable experience in strategising anti-counterfeiting measures for clients which includes launching raids at the premises of counterfeiters with the assistance of local police & law enforcement authorities.

The IPR Group provides its services to clients in emerging fields such as pharma & life sciences, biotechnology and IT enabled sectors and in the more conventional industrial verticals such as automobile & auto ancillaries, aviation, banking & finance, chemicals and heavy metals, defence, food, healthcare, heavy engineering, oil & natural gas, power, publishing and retail.

The Firm offers a wide range of legal services in the Labour & Employment space, ranging from guiding clients through the labyrinth of federal and state Employment laws, advise on employment terms and conditions including individual and collective agreements, employee handbooks and standing orders, all human resource policies and benefit schemes like bonus schemes and ESOPs and compliance audits/due diligence.

The Firm provides advice and support during complex negotiations with trade unions in matters relating to strike, lockout, closure, general demands, etc.

The Firm also has experience and expertise in handling sensitive and complex issues arising out of workforce reductions (RIF). We also handle all aspects of employee-related litigation, including representing clients before conciliation authorities, labour courts, High Courts and the Supreme Court of India.

The Firm also assists clients in all inclusion and diversity matters. This ranges from an exhaustive experience in conducting disciplinary proceedings, including handling of complaints of sexual harassment at the workplace and other EEO matters.

The Firm also conducts regular training programmes on Employment Law and employee resource issues, including on gender sensitisation at work.

Kochhar & Co. has a specialized Anti-Corruption, Corporate Frauds and White-Collar Crime Practice. Our strength in this practice domain has its genesis in the experience and expertise enjoyed by our founding member, who practiced as a leading criminal lawyer for several years before establishing the Kochhar law firm. Over the last 26 years, our formidable Criminal Law and White-Collar Crime practice has represented numerous multinational and Indian clients in some of the biggest frauds reported in the history of corporate India.

The Firm’s White-Collar crime practice group represents multinational corporations and large domestic companies on matters concerning complex business, financial and economic offences including securities fraud, money laundering, bribery, foreign investment related offences, unauthorized disclosure of trade secrets and confidential information, criminal defamation and matters involving contravention or violation of laws & regulations attracting criminal liability.

Besides the above, the Firm also conducts anti-bribery investigations (including pursuant to FCPA) and represents clients in relation to allegations of sexual harassment at workplace on a regular basis.

The Firm has arguing counsels who are experts in criminal law and who have incisive knowledge, experience and understanding of the criminal jurisprudence, investigation process, bail and custody and trial procedures. Our attorneys represent clients before investigating agencies including Central Bureau of Investigation (CBI), Crime Branch, Economic Offences Wing (EOW), Special Investigation Team (SIT), Serious Fraud Investigation Office, Ministry of Corporate Affairs (SFIO), Enforcement Directorate (ED) and the Department of Revenue Intelligence (DRI).