ARYA TRIPATHY

Arya graduated in 2011 and has advised various domestic and international clients on diverse aspects of business and commercial laws, cross-border and domestic M&A, joint-ventures and investments, general corporate & governance, regulatory, and labor & employment matters. She is focused on advising clients in life sciences, defence, IT/ITES, technology & media, automobiles, heavy manufacturing industries, and social impact sector. She is an IAPP Certified International Privacy Professional (Asia) and has substantial experience in advising global and national clients on comparative data protection and privacy laws, with specific focus on EU, Singapore, Hong Kong and Indian legal landscape. Arya pro-actively contribute to the Firm’s pro-bono services and regularly works with policy think-tanks, not-for-profit and social impact companies on varied legal aspects.

She is a member of ITechLaw Association, and is the Vice-Chair of IWIN Committee. She is also a member of Inter Pacific Bar Association and is actively engaged in working of its next generation lawyers and aviation committees. She has represented the Firm and spoken at various national and international conferences and seminars on a wide array of subjects. Arya has also published various articles in reputed international and national journals on contemporary legal topics, and regularly contributes to the Firm’s publications.

REPRESENTATIVE EXPERIENCE

  • Advised various domestic and foreign companies for acquisition of majority stake in phased manner in Indian targets, court driven restructuring, business transfers, asset purchases and investments
  • Advising multiple clients on complex regulatory matters involving sectoral regulators such as Department of Promotion of Industry and Internal Trade, Central Drugs Standard Control Organisation, Director General of Foreign Trade, Employees Provident Fund Office, Inspector of Factories, Department of Telecommunications, Department of Railways, Food Safety & Standards Authority of India, Special Economic Zone Authority, and Reserve Bank of India
  • Advised global conglomerates in their world-wide group restructuring activities, with specific focus on structure analysis, taxation impact, and implementation steps for Indian group entities
  • Advised various global companies on contractual and court driven restructuring routes as exit strategies
  • Advising companies on inbound and outbound investments
  • Advised several MNCs and Indian companies on various issues under the Companies Act, 2013, such as buy-back of securities, related party transactions, corporate governance, inter-corporate loans and investments, matters concerning the board of directors, court restructuring, infusion of share capital, reduction of share capital, etc.
  • Advising healthcare and diagnostics companies on day-to-day operations and expansion, including regulatory & licensing, corporate, compliance, employment and environmental matters
  • Advised several telehealth and telemedicine companies on operations, compliances, and data protection processes and policies concerning electronic health records
  • Advising large-scale manufacturing, infrastructure, IT/ITES MNCs and Indian companies on all kinds of labor and employment matters, such as drafting trade union settlement agreements, representing in industrial disputes, prevention of sexual harassment, drafting contracts, periodic audits, assisting in disciplinary proceedings, retrenchment processes, compliances, and other regulatory aspects
  • Advising international and domestic clients engaged in different sectors such as healthcare, insurance, technology and media, e-commerce, SaaS providers on comparative laws around data protection in EU, Hong Kong, Singapore, Australia and India, informational privacy, data audits, inventorization, data breach management and risk mitigation and confidentiality matters
  • Conducting training sessions for various companies on data processing cycle, data subject rights, breach mitigation and reporting and information security measures
  • Advising internal and domestic clients on data breach incidents and representing them with CERT-IN
  • Advised various clients on outsourcing and toll manufacturing matters
  • Advising manufacturing and services conglomerates and Indian companies on environmental and regulatory compliances under applicable environmental laws
  • Advised leading US, Israeli and French defence companies on sector-specific legal matters, including structuring joint-ventures, offset policy, industrial licensing, procurements, technology transfer, security obligations and other aspects
  • Advising various trusts, societies and non-profit organisations on their activity structuring, taxation impact on operations, governance, FCRA, compounding of offences thereunder, domestic funding, borrowings and operational issues
  • Undertaking company due diligences, drafting company policies, merger schemes, all kinds of contracts, and transaction documents such as shareholders’, share purchase, joint venture, investment agreements, key managerial contracts, and closing documents for various clients
  • Advised clients on negotiation of settlement structures for separation of closely held companies in family settlement disputes and drafting of deeds and contracts

EDUCATION

  • B.A.LLB(H) from Hidayatullah National Law University

BAR ADMISSION

  • Bar Council of India

CERTIFICATIONS

  • Certified International Privacy Professional/Asia, International Association of Privacy Professionals

PUBLICATIONS

  • “Code on Wages: Recipe for Chaos!”, PSA E-Newsline, November 2019
  • International Comparative Legal Guide to Outsourcing 2019 – India accessible at https://iclg.com/practice-areas/outsourcing-laws-and-regulations/india
  • The exclusive India chapter of Global Legal Insights to : AI, Machine Learning & Big Data 2019 accessible at https://www.globallegalinsights.com/practice-areas/ai-machine-learning-and-big-data-laws-and-regulations/india
  • “Taxation of Non-compete Fee”, PSA E-Newsline, August 2018
  • India Chapter 2018 on Environment and Climate Change Law in “International Comparative Legal Guide to: Environment & Climate Change Law 2018” accessible at https://iclg.com/practice-areas/environment-and-climate-change-laws-and-regulations/india
  • “Industrial Automation and Robot Law in India”, PSA Bulletins, Issue XVI, July 2017
  • India Chapter 2017 on Environment and Climate Change Law in “International Comparative Legal Guide to: Environment & Climate Change Law 2017” accessible at https://iclg.com/practice-areas/environment-and-climate-change-law/environment-and-climate-change-law-2017/india
  • “Crowdfunding in India – a trend gone wrong?”, PSA E-Newsline, October 2016
  • “New Listing and Disclosure Obligations: An Analysis”, PSA E-Newsline, October 2015
  • “Waste Management in India – An Overview”, PSA Bulletins, Issue IV, May 2015
  • “Investor Protection Measures under Companies Act, 2013 – Lessons from the past”, PSA E-Newsline, December 2014
  • “The Dawn of New Land Acquisition law – Will it survive its promise?” Nov 3, 2014, All India Reporter (citation 2014 AIR Jour/11 161)
  • “Analysis of Circular shows SEBI is being too Cautious” India Business Law Journal (Volume 7, Issue 2, July/August 2013)
  • “Control under Indian Corporate Law”, The In-House Lawyer (Issue 194, October 2011, Thomson Reuters & Westlaw, UK)
  • “Women’s Right to Abort”, Supreme Court Cases (citation (2011) 10 SCC J-23)
  • “Critical analysis of accomplice witness in India” Criminal Law Journal, December, 2011 (citation CLJ 4(12): Journal, pages 353 – 362)
  • “Legal Services in India and GATS”,  Consolidated Commercial Digest (citation Volume 29: Part 5, July 1, 2011, pages 365-375)
  • “Place of Arbitration in WTO Dispute Settlement Mechanism”, International Journal of Trade in Services (citation International Journal of Trade in Services, Volume 3: Issue No. 1, Serials Publications, pages 65-95 (2011))
  • “Corporate Criminal Liability for Environmental Wrongs”, Madras Law Journal (citation MLJ (Crl) 2009 (3) Vol. 59)
  • “Consumer Right-Transcending into a Human Right” Madras Law Journal (citation (2010) 2 MLJ page 70 (Part 6)); re-published in Indian Journal of Human Rights and Social Justice (citation Volume 2010: Issue 1, Serials Publications, pages 241 – 253)
  • “Section 9 of CPC vis-à-vis Arbitration Agreement: Does it go hand in hand?”, All India Reporter (citation 2009 AIHC (Aug) page 97 Journal)
  • Cross-border Data Transfer in India: One Step Forward and Two Steps Back? Inter Pacific Bar Association Journal, March 2021 issue
  • COVID-19 and Force Majeure in India, Inter Pacific Bar Association Journal, April 2020
 

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