Areas Of Practice:-
(I) CORPORATE AND COMMERCIAL LITIGATION
Our Team has years of experience in advising and representing different types of clients across all areas of corporate and commercial practice. Our experience enables us to evaluate and determine the type of business organization and capital structure best suited for the client’s needs. We counsel our multinational clients on negotiating, drafting and analyzing agreements for various types of local and international commercial transactions.
We advise clients on the formation of business entities in India under the Indian Companies Act or the Partnership Act, as may be appropriate in given circumstances. We draft and file appropriate applications with the Registrar of Companies for name approval and incorporation of a company in different States in India. We also assist in filing post – incorporation documents for declaration of beneficial ownership of the company. More substantively, we advise our clients on shareholder issues and also prepare and draft Shareholder or Joint–Venture Agreements, Share Purchase and Subscription Agreements and Technology Licensing or Technology Transfer Agreements.
Commercial Litigation is a vast field and includes all disputes related to commercial nature. The steps which we take in such matters include filing appropriate proceedings in civil courts as well as complaints before the police and other specialised agencies. We adopt the most effective and quick methods to ensure an early resolution to litigation arising out of commercial/ monetary disputes.
(II) WHITE COLLAR CRIMES
Our specialist criminal defense lawyers have an exceptional track record in obtaining the best possible outcome for our clients, resulting in a great level of client satisfaction. Our team of lawyers have extensive experience in representing clients in court, including high-profile and complex cases, often being reported in local newspapers. Our lawyers regularly defend our clients against allegations of criminality in the most sophisticated white-collar and other complex crimes. We specialize in White Collar Crimes including but not limited to Corporate Crimes, Money Laundering, Fraud / Embezzlement, Forgery, Cheating, Insider Trading, Siphoning Of Funds, Corruption etc.
(III) ALTERNATE DISPUTE RESOLUTION
Alternative dispute resolution has expanded over the last several years and has become an important step in the dispute resolution process. We are a well known law firm in India providing alternative dispute resolution services. Our Firm assists clients with resolution of disputes in all areas of general and special practices in a broad range of industrial sectors including Construction and Infrastructure, Real Estate, Banking and Finance, International Finance, International Investments, Intellectual Property, Telecommunications etc.
Our Firm has a significant experience in both international and domestic arbitration and other forms of Alternative Dispute Resolution (ADR) such as conciliation and mediation. Our attorneys have acted as counsels and arbitrators in high stake arbitrations providing best advice and support in resolving disputes. Our Firm has strong experience in handling International arbitrations keeping the seat in India and outside India like Netherlands, U.K., U.S.A., Singapore, China, Malaysia, Switzerland, Canada and many more. The Firm also provides consultation at the time of negotiation of contracts to incorporate effective arbitration clauses. We conduct both institutional and ad hoc arbitrations.
(IV) CIVIL DISPUTES
Our Firm represents a number of Companies as well as Individual clients. With its keen sense of local jurisdictional nuance, our team has the ability to move quickly and make each hearing effective, so that our clients feel supported throughout the entire process. While we appreciate a business’s determination to pursue legal remedies, we are pragmatic in our approach and understand the need to balance financial exposure against other interests.
(V) TAX LAWS
Our direct tax practise includes advising on tax efficient jurisdictions for investment into and from India, advising foreign clients on adopting tax efficient structures for their Indian entities, advising on transfer pricing issues, structuring of loans to subsidiaries, structuring employee stock option plans and on a more micro level, personal tax structuring for expatriate executives who are deputed to India. We also advise on more topical issues such as taxation of cross-border software payments, withholding and other tax issues arising as a result of Indian call centres and BPOs. We have also assisted clients in defending disputes before various income tax authorities.
Our indirect tax practise encompasses all indirect taxes in India including issues relating to service tax, VAT, customs duties and excise. We have advised foreign clients on indirect tax implications relating to goods and services flows into and outside India and on structuring such flows to minimize the incidence of tax. We have also advised on various related issues such as export and import of services including the reverse charge mechanism, availment of input tax credits, appropriate classification of services, taxation of works contracts, exemption from tax for both goods and services, import duties, etc.
(VI) REAL ESTATE AND PROPERTY LAWS
Our lawyers are well-experienced in Real Estate matters and conveyance. The Firm drafts and prepares Real Estate Deeds, Development Agreements, Collaboration Agreements, Leases and License Arrangements and offers clients practical advice on the best possible structure when purchasing property, developing property or doing business in India. We advise on Registration of Deeds and payment of Stamp Duty on Real Estate documents.
Our property team works closely with other specialist departments within the firm to ensure that clients get the best possible timely advice and assistance. Documentation is carefully drafted bearing in mind the particular nuances of the Indian property market. Often clients are required to complete deals within tight deadlines; our teams are able to process documentation at speed without compromising on the quality of services provided.
(VII) INDUSTRIAL & LABOUR RELATIONS
Our clients constantly need advice on issues involving hiring of managers and staff including persons of Indian origin or expatriates returning to India. We advise on all aspects of structuring employment packages and highlight the benefits and issues for the employer. We also advise on various employee retention and employee incentive plans, retirement benefit plans, employee handbook and labour policies.
(VIII) CONSUMER PROTECTION LAWS
We represent clients in cases before the National Consumer Disputes Redressal Commission, the various State Commissions and other Consumer Forums including the various Consumer District Forums etc.
(IX) ENFORCEMENT OF HUMAN RIGHTS
We represent clients in those cases where their fundamental rights or Human Rights are violated.
(X) CONVEYANCE & DRAFTING
Our lawyers are extremely renowned and well known in conveyance and drafting viz. Agreements for Sale, Deed of Conveyance, Partnership Deeds and other documents, writings and papers.
(XI) PHARMACEUTICAL LAWS
We work closely under the guidance of Mr. S.W. Deshpande, Advocate (Retd. Jt. Commissioner, Food and Drugs Administration) in the field of laws related to pharmaceuticals and drugs. This includes the Drugs and Cosmetics Act, 1940; the Drugs and Magic Remedies Objectionable Advertisements Act, 1954; the Prevention of Food Adulteration Act, 1954; the Food Safety and Standards Act, 2006 and other related acts and laws in this field. Our Associates are adept in handling issues arising in this field
(XII) PUBLIC INTEREST LITIGATION
We , at Y & A Legal are committed to litigating cases that advance the public interest. As lawyers, we are officers of the court and servants of the people, duty bound to uphold the rule of law and the rights, privileges, and protections that the law promises to everyone. We put public service at the center of our practice and our public interest cases are as important to us as every other case.
A commitment to public service has always been deeply ingrained in our firm culture. Public interest bridges the paternalistic gap that exists between the lawyer and the end users of the laws within our communities, whereby the communities are disregarded in the articulation of legal issues surrounding them. Our lawyers have been instrumental in providing pro-bono legal services to those in need.
(XIII) ENVIORNMENTAL LAWS
The firm advises domestic and international clients on India’s comprehensive environmental laws pertaining to recycling, hazardous waste management (by hospitals, clinics, manufacturing industries etc.), water and air pollution, forest and timber regulations, handling of chemicals etc.
The firm assists a variety of clients with regulatory compliance, enforcement actions, and civil litigation in all aspects of environmental and natural resources law. We represent businesses of all sizes, from Fortune 500 companies to sole proprietorships, non-profit organizations, trusts and estates, governmental entities, individuals and trade associations in litigation, regulatory and transactional matters.
In non-contentious areas, the team assists clients in undertaking environmental due diligence audit to assess material environmental risks related to acquisition of operated and non-operated production/ manufacturing sites as well as acquisition of pre-development assets in India.
(XIV) FAMILY AND MATRIMONIAL LAWS
The firm advises its foreign and domestic clients on all aspects of matrimonial and family laws applicable in India. The firm further actively represents clients before various legal forums including family courts, district courts, High Courts in India and the Supreme Court, National Human Rights Commission, YWCA, National Commission of Women, other Women’s cell / organizations
Our Family law practice handles all aspects of family law including divorce, property distribution, child custody, parenting time, child support, and spousal support, as well as the modification and enforcement of those issues. We take remarkably good care of our clients, offering compassionate, responsive, and cost-effective representation to achieve our clients’ goals as efficiently and favourably as possible.
We counsel clients regarding their options, and work collaboratively with them to select and design a process and strategy to resolve their disputes. Although most of our cases have resulted in advantageous settlements to our clients, we have extensive experience litigating cases when the need arises.
(XV) INTELECTUAL PROPERTY LAWS
Our Firm recognizes the importance of Intellectual Property (IP) in the growing global economy. The Firm has developed a focused and unique IP practice to meet the needs of innovation driven corporations and business. The firm provides its clients with real time resources to match client requirements to protect their intellectual assets globally. The IP team strives to ensure that clients are given clear legal advice whilst recognizing the importance of finding strategic and practical solutions in a commercial environment.
Our team assists and advises on obtaining a wide range of IP registrations for protecting and managing the IP portfolio of our clients. We assist clients to formulate a comprehensive and holistic IP Policy with the background of the business model of the client to enable effective management of the clients’ intellectual assets.
Our multidisciplinary team provides a depth of experience combined with recent up-to-date technical knowledge. The unique blend of technical, legal and commercial expertise helps us to provide strategic advice to our clients in India and around the world.
(XVI) CONSTITUTIONAL LAW
Constitutional law is the law that relates to interpreting, implementing and amending the Constitution of India. It is an area of law that focuses on what the constitution says, what it means and what its limitations are. As social and political issues change and develop in India, advocates who practice constitutional law bring these issues to the courts to ask for clarification about the meaning, interpretation and enforcement of the constitution. Our team is dedicated to the use of the legal system to advance human rights, struggle against violations, and ensure access to justice for all. Our Team is always on their legs instituting Writs and PILs in Supreme Court of India and High Courts of various States, championing en-mass causes touching upon the lives of the general public.
(XVII) INDIAN REGULATIONS
Our lawyers constantly advise on issues relating to national, state and local regulatory approvals. These include the Foreign Investment Promotion Board (FIPB), the Reserve Bank of India (RBI), the Securities and Exchange Board of India (SEBI), the Software Technology Parks of India (STPI), the Special Economic Zones (SEZ). In all such matters, we work closely and dedicatedly with our clients to determine the best entry strategy, draft the applications, file the same with the regulatory authorities, monitor the approval process and provide answers to any clarifications that the regulators require.