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

Feb. 11, 2009

Overview

Live Webcast on February 11, 2009 (E.S.T.)

This is a webcast of the live New York session.

Special Note - New York Transitional credit for this program is only available to New York licensed attorneys practicing law outside the U.S.

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 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.

Schedule

Morning Session: 9:00 a.m. - 12:30 p.m. (E.S.T.)

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. (E.S.T.)

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

PLI makes every effort to accredit its Live Webcasts. Please check the CLE Calculator above for CLE information specific to your state.

PLI's Live Webcasts are approved for MCLE credit (unless otherwise noted in the product description) in the following states/territories:

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*PLI will apply for credit upon request.

Arkansas, Mississippi, Ohio, Oklahoma, and Rhode Island: Audio-only live webcasts are not approved for credit.

¹Indiana: Considered a distance education course. There is a 6 credit limit per year.

²New York: Newly admitted attorneys may not take non-transitional course formats such as on-demand audio or video programs or live webcasts for CLE credit. Newly admitted attorneys not practicing law in the United States, however, may earn 12 transitional credits in non-traditional formats.

³Pennsylvania: A live webcast may be viewed individually or in a group setting. Credit may be granted to an attorney who views a live webcast individually. There is a 4.0 credit limit per year for this type of viewing. A live webcast viewed in a group setting receives live participatory credit if the program is open to the public and advertised at least 30 days prior to the program. Live webcasts viewed in a group setting that do not advertise at least 30 days prior the program will be considered "in-house", and therefore denied credit.

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Note that some states limit the number of credit hours attorneys may claim for online CLE activities, and state rules vary with regard to whether online CLE activities qualify for participatory or self-study credits. For more information, refer to your state CLE website or call Customer Service at (800) 260-4PLI (4754) or email: info@pli.edu.

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