In an increasingly globalized world, Mergers & Acquisitions (M&A) are assuming tremendous significance with several corporations seeing consolidation as a quick and effective growth strategy. While Indian companies have traditionally been attractive targets for acquisition by international companies, a stronger emerging trend is that of Indian corporations scouting for international targets, especially in the US and Europe, in the quest of market share and other efficiencies. This trend is visible primarily in the IT, steel, aluminum, pharma and life sciences and automotive sectors, and is beginning to extend to other sectors as well.

We have successfully leveraged our cross-border specialization and experience to develop a vibrant M&A practice. We endeavor to combine our rich international experience and expertise in domestic laws/regulations with our research capabilities to devise innovative structures for M&A. We advise on structuring transactions and are actively involved in negotiating and drafting the documentation involved in any M&A in India and abroad.

Structuring the M&A:
We advise on cross-border structuring issues involved in M&A deals and resolve complex legal, tax and exchange control issues through innovative structures to address constraints as well as commercial considerations. Generally, the structuring for M&A matters involves various aspects of corporate and securities laws, taxation, exchange control laws and determining the type of SPV, jurisdiction of the SPV, the type of instruments to be used, etc.

Undertaking Legal and Financial Due Diligence:
Our multidisciplinary approach and sectoral specialization gives us the advantage of being able to offer a vast set of skill sets with the necessary domain expertise. We carry out legal and Financial due diligence with an industry specific focus business process outsourcing, pharma and life sciences, biotechnology, and various sub-sectors in the manufacturing space, real estate and construction, infrastructure and leasing, etc., to name a few.

Documentation and Negotiation:
We are committed to the highest standards of drafting, reviewing and negotiation of any documentation, and undertake drafting, review and negotiation of term-sheet, memorandum of understanding, various forms of agreements in relation to any given transaction, including, in the structuring, drafting and negotiation of various contracts contract manufacturing agreements, contract research, service agreements, marketing and distribution agreements, outsourcing agreements and IP assignment and license agreements confidentiality disclosure agreements share purchase agreements, shareholders agreements, non-compete agreements, non-disclosure agreements, escrow agreements, employment agreements, in addition to informed consent forms and other relevant documents.

Business Strategy Advisory:
We represent life science clients at every phase of their growth cycle, including formation, early stage financing, technology transfer, technology licensing, research and development, development of intellectual property portfolios, the protection and litigation of intellectual property. clients on various regulatory, manufacturing activities, marketing & distribution, medical devices, stem cell research and collaborations in India.

Regulatory Advisory:
We also advise life sciences companies on regulations related to proposed activities in India in the form of joint ventures, partnerships and collaborations.

Structuring:
We facilitate the establishment of business in India, including the incorporation of companies and logistical operations of setting up branches and liaison offices in India.

Training and Awareness Programs:
We help conduct workshops for employees of pharma and life sciences companies on intellectual property laws and confidentiality issues as well as competition law.

Project Related Real Estate Advisory:
We offer comprehensive, strategy-based solutions across a broad range of locations, properties and business requirements. We advise clients in real estate issues, in conducting legal due diligence w.r.t. asset valuation, acquisition and disposal; contract review and structuring, MoUs, Agreements, Conveyancing and Registrations.

International Law & Transaction Advisory:
With regard to Indian and International law and legislation; especially with regard to Contracts, FIDIC conditions, INCOTERMS, DOCDEX, ADR and Arbitration Rules, UNCITRAL LAW, Indian Contracts Act Corporate, Industrial Relations & Labor matters, Commercial, Intellectual Property, Constitutional, Banking & Finance, Infringement suits, Land matters, Debt Recoveries, Winding up of Companies Consumer Protection Law etc.