India is one of the fastest growing economies in the world with an equally staggering workforce. With this, the rights and obligations of employers and employees take center stage. For numerous organizations, the state specific Shops and Establishment Act (“S&E Act”) assumes importance as it stipulates the employer’s duties towards employees.

India’s ever-expanding digital infrastructure in the wake of the pandemic has escalated the demand for new, updated, and improved regulatory mandates for strengthening cybersecurity and preventing cybercrime. Rampant, almost weekly cybersecurity attacks have caused alarm bells across businesses, organizations, and individuals.

Over the years, ever since the Insolvency and Bankruptcy Code, 2016 (“IBC”) came into force, there has been ample litigation addressing different elements of the “waterfall” mechanism prescribed in section 53 therein whereunder the secured creditors have the highest standing. This section conflicts with other statutes.

Mediation is recognized worldwide as an effective and less adversarial method of resolving disputes. India has long encouraged mediation to reduce the overburdening of courts and on September 15, 2023 enacted the Mediation Act, 2023 (“Act”).

On April 25, 2023, a constitution bench consisting of five judges of the Supreme Court issued a split verdict in the case of N.N. Global Mercantile Private Limited v. Indo Unique Flame Limited . The decision was passed by a 3:2 majority. The ruling clarified that an arbitration agreement as well as an instrument containing...

One year ago, in August 2022 the Indian government withdrew the draft Personal Data Protection Bill of 2019 which was in the offing for more than four years. In late 2021, the government released a revised version of the 2019 bill which drew a lot of flak particularly from global technology conglomerates like Google, Amazon,...

Cookies are small files that are transferred by a server to the user’s browser, which then track or monitor use of the website. Recently, cookies and their usage have come under scrutiny from data protection authorities. The seemingly harmless manner in which cookies are presented, obscure the risks they pose to the users, including violation...

On May 18, 2023, the Ministry of Corporate Affairs (“MCA”) via Gazette Notification brought some provisions of the Competition (Amendment) Bill, 2023, (“Amendments” or “Bill”), including those discussed herein, into effect. Chapter 2 of the Competition Act, 2002, (“Act”) and its conduct rules forbid agreements and combinations likely to have an appreciable adverse effect on...

Data is acknowledged as a core component of the digital economy. The volume of data generated by humans and machines has increased exponentially in recent years, while its potential is only eked out by few who, in turn, are able to gain enormous competitive advantages. One significant reason for such effect relating to Internet-of-Things (“IoT”)...