Doing Business in India 2009: Critical Legal Issues for U.S. Companies (Groupcast Location)

Overview

Co-Sponsored by Pennsylvania Bar Institute

Attendees in Pennsylvania will be viewing the live broadcast at the the Pennsylvania Bar Institute's Professional Development Conference Center, Heinz 57 Center, 339 Sixth Avenue, 7th Floor, Pittsburgh, Pennsylvania 15222-2517. You will have the opportunity to submit questions and will receive the printed Course Handbook.

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 Bonus to all Registrants

All attendees receive a complimentary copy of PLI's comprehensive Course Handbook. This softcover, bound volume was written to augment this 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.

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.

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

• 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

• 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

• 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

• 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

• 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

• 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

Faculty

Chairperson(s)

Speaker(s)

Program Attorney(s)

CLE Credit

Travel Information

Pittsburgh Groupcast Location

PBI Professional Development Conference Center, 339 Sixth Avenue, Suite 760, Pittsburgh, PA 15222.Phone: 412-802-2300.FAX: 412-802-2304.