Doing Business in India 2009: Critical Legal Issues for U.S. Companies

Overview

Recently admitted NY attorneys: This program is accredited for transitional CLE credit

Why You Should Attend

The dramatic increase in the activities of U.S. corporations in India in the past few years has raised major legal issues for in-house and outside counsel. This program will bring together expert faculty from a wide variety of practice areas to share best practices for handling corporate, finance, outsourcing, intellectual property, regulatory and litigation matters arising out of the increase in activities of U.S. companies in India.

What You Will Learn

• Explore recent trends in foreign direct investments in India
• Analyze recent developments in India’s capital markets and what those developments portend for the future
• Review technology transfer and licensing practices involving Indian counterparties
• Gain effective strategies for intellectual property protection and enforcement
• Receive insights on structuring and financing infrastructure projects
• Learn how to raise funds for India-related projects
• Discover errors to avoid when investing in India
• Obtain practical strategies for mitigating litigation risk arising from India-related transactions
• Master best practices in negotiating outsourcing agreements with Indian providers
• Learn about current trends in legal process outsourcing to India

Who Should Attend

This program is designed for in-house and outside counsel who advise U.S. companies with respect to their business activities or interests in India, especially involving foreign investment, mergers and acquisitions, project finance, outsourcing, trade regulation, intellectual property protection, litigation or arbitration.

Special Features

Live Webcast - Simultaneous live webcast of the New York session is available for individual viewing. Webcast participants will receive streaming audio and/or video of the program, view and print the Course Handbook, and have the ability to submit questions electronically.

For more information click on the Live Webcast link in the Related Items box.

Special Bonus to all Registrants

All attendees will receive a complimentary copy of PLI's comprehensive Course Handbook. This softcover, bound volume was written to augment the program and to stand alone as a permanent reference. PLI's Course Handbooks represent the definitive thinking of the nation's finest legal minds, and are often the standard reference in the field.

Please Note: Webcast attendees will receive a downloadable version of the Handbook one business day prior to the program.

PLI Group Discounts

Groups of 4-14 from the same organization, all registering at the same time, for a PLI program scheduled for presentation at the same site, are entitled to receive a group discount.  For further discount information, please contact membership@pli.edu or call (800) 260-4PLI.

PLI Can Arrange Group Viewing to Your Firm

Contact the Groupcasts Department via email at groupcasts@pli.edu for more details.

Cancellations

All cancellations received 3 business days prior to the program will be refunded 100%. If you do not cancel within the allotted time period, payment is due in full. You may substitute another individual to attend the program at any time.

Schedule

Morning Session: 9:00 a.m. - 12:30 p.m.

9:00  Program Overview

Sonia Baldia

9:15  Foreign Investment and Participation in India’s Economic Growth

• Latest economic and political climate for doing business in India
• Foreign investment policy and liberalization of the Indian economy
• Navigating India’s legal and regulatory environment for foreign investment
• Recent FDI developments in industry sectors, including banking, real estate, and retail
• Tax, transfer pricing and tax structuring considerations, including fringe benefit tax issues
• Structuring business combinations, joint ventures, and mergers and acquisitions that work

Akshay Chudasama, Waajid Siddiqui

10:15  Current Developments in India’s Capital Markets: Implications for U.S. Investors and Corporations

• An introduction to India’s capital markets - who’s who and what’s what
• Recent trends in foreign investment in India’s capital markets - obstacles and issues facing U.S. investors
• Reforms made and reforms still needed to further develop India’s capital markets
• How Indian corporations are raising money - at home and abroad
• Implications for U.S. corporations and funds doing business in India
• Implications for VC-backed companies conducting IPOs in India
• Lock-ups

Timothy G. Massad; Shardul S. Shroff

11:15  Break

11:30  Infrastructure Project Finance in India: Opportunities and Challenges

• Landscape: Types of infrastructure transactions and structuring and financing considerations
• Power Sector: Ultra Mega Power Projects, U.S.-India Civil Nuclear Agreement and Alternative Energy
• Airports and ports
• Roads
• Infrastructure risk perceptions and the reality

Rajiv Khanna

12:30  Lunch

Afternoon Session: 1:45 p.m. - 5:00 p.m.

1:45  Technology Transfers, Licensing and Intellectual Property Protection and Enforcement

• Legal and regulatory landscape for technology transfer
• Licensing practices and competition law and policy issues
• Intellectual property risks and mitigation best practices
• Available enforcement mechanisms and ongoing challenges
• Effective strategies for intellectual property protection and enforcement
• Recent developments and lessons learned from Indian case law

Sonia Baldia; Manoj Pillai

2:45  Break

3:00  Outsourcing to India - Some Considerations and Recommended Practices

• Outsourcing/offshoring to India - market overview
• Sourcing delivery structures
• Key risks and mitigation strategies (e.g., data privacy, IP, labor laws)
• Best practices and contractual mechanisms to maximize benefits of sourcing 
• Current trends in legal process outsourcing
• Using EPEAT computer equipment certifications and evolving contract methodology to make Green Technology pay for itself
• Requiring Indian providers to comply with corporate carbon offset and other Green Technology policies

William A. Tanenbaum; Bijesh Thakker

4:00  Practical Perspectives on Doing Business in India

• Practical lessons learned by corporations doing business in India
• Ways to effectively resolve disputes and enforce commercial rights and remedies
• Bridging the cultural gap and effectively communicating with Indian counsel and counterparties
• Compliance with U.S. and India regulations, including FCPA and Indian anticorruption laws
• Key operational considerations: real estate, infrastructure, human resources, D&O insurance
• Successful negotiation and contracting tactics to achieve desired results
• Common mistakes and how to avoid them
• Practical entry and exit barriers to the Indian market

Sonia Baldia (moderator); Abhijit Joshi; Rahul R. Mahajan; Shardul S. Shroff

5:00  Adjourn

Faculty

Chairperson(s)

Sonia Baldia, Mayer Brown LLP

Speaker(s)

Akshay Chudasama, J Sagar Associates
Abhijit Joshi, Azb & Partner
Rajiv Khanna, Greenberg Traurig, LLP
Rahul Mahajan, Wakhariya & Wakhariya
Timothy G. Massad, Cravath, Swaine & Moore LLP
Manoj Pillai, Lex Orbis
Shardul S. Shroff, Amarchand Mangaldas
Waajid Siddiqui, Hogan & Hartson LLP
William A. Tanenbaum, Partner, Kaye Scholer LLP
Bijesh Thakker, Thakker & Thakker

Program Attorney(s)

Tamara C. Kiwi, Program Attorney, Practising Law Institute

CLE Credit

Travel Information

New York City Seminar Location

PLI New York Center, 810 Seventh Avenue at 53rd Street (21st floor), New York, New York 10019. Message Center, program days only: (212) 824-5733.

New York City Hotel Accommodations

The New York Hilton & Towers, 1335 Avenue of the Americas, New York, NY 10019. 1 block from PLI Center. Reservations 1-800-HILTONS or, 1-877-NYC-HILT. Please mention that you are booking a room under the Practising Law Institute Corporate rate and the Client File # is N495741. Reservations on line at www.hilton.com and enter the same Client File # in the Corporate ID # field to access Practising Law Institute rates.

The Warwick New York Hotel, 65 West 54th Street New York, NY 10019. 1 block from PLI Center. Reservations 800-223-4099 or, hotel direct 212-247-2700. Please mention that you are booking a room under the Practising Law Institute Corporate rate. Reservations on line at www.warwickhotelny.com Click reservations in menu bar on left. Select desired dates. In 'Special Rates' drop down window select Corporate Rate. In 'Rate Code' enter PLIN. Click search and select desired room type and rate plan. Or, you may email reservation requests to: res.ny@warwickhotels.com.