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CORPORATE LAW & BUSINESS LAW              

Corporate law has been a primary focus of the law firm since its inception in India. The law firm has extensive experience in corporate counseling and transactional work, as well as business reorganizations. The law firm's corporate attorneys are business lawyers who, through their experience and in-depth knowledge, seek to find creative solutions that allow clients to meet their objectives. A low associate-to-partner ratio enables Law Firm to provide more high-level attention to clients than do many law firms. With nationwide network, Law Firm blend extensive sophisticated-transaction experience with in-depth knowledge of local markets. We can also match our resources in larger and smaller markets to the size and value of the deal, avoiding the need to sacrifice quality and experience to manage costs. The law firm provides a full range of services to company of all size and individuals in connection with:

• Organization and structuring of business entities in India
• Initial public offerings and subsequent offerings
• International trade
• Information Technology in India
• General business counseling on worldwide basis including India.
• Mergers and acquisitions
• Financing transactions
• Public finance
• Investment management
• Bankruptcy, reorganization and creditors' rights
• Corporate Governance
• Organizing Your Business for maximum growth of your business in India
• White collar crime
• Government Relations
• Establishing franchise relationships >
• Dealership transfers
• Dealership and franchise litigation
• Licensing
• Consumer and advertising laws
• Trade regulations and practices
• Business structure and planning
• Sales and lease contracts
• Financing and operations
• Planning and Preventive Measures

CORPORATE GOVERNANCE                     Back to Top

Law Firm’s attorney has advised company on the development and implementation of corporate governance, ethics, and compliance programs, including management structures and control systems, to prevent and detect violations of law. A comprehensive compliance program may entail reviewing and revising existing policies, programs, and procedures, drafting a code of business conduct and related policies, and structuring and documenting compliance oversight, reporting, auditing, and monitoring procedures and training programs. Regular, ongoing aspects of this practice include advising company clients on a full range of corporate governance and related matters, such as board of directors and committee composition, practices and procedures, directors’ duties and responsibilities, and compliance with applicable India laws, Delhi or state laws, and the regulatory requirements under India law and the Stock Exchange. In connection with corporate governance, ethics, and compliance engagements.

Law Firm has developed principles of corporate governance, board committee charters governance guidelines, codes of conduct, and other corporate programs and policies for a large number of public companies, which have been designed and tailored to meet each client’s business requirements, taking into account the existing organizational and management structure, culture, and needs. 

Law Firm devised procedures for internal reporting to ensure compliance under India law and prepare attorney reporting policies to implement procedures for in-house counsel and advised public company clients concerning director orientation and continuing education programs.

Law Firm developed principles of corporate governance, board committee charters governance guidelines, codes of conduct, and other corporate programs and policies for a large number of public companies, which have been designed and tailored to meet each client’s business requirements, taking into account the existing organizational and management structure, culture, and needs. Law Firm has experience in developing these programs for clients in many business sectors, including:

• banking and financial services
• consumer products
• energy
• equipment leasing
• manufacturing
• media, publishing and television
• medical devices
• real estate
• telecommunications
• Information technology/ computer
• transportation

MERGERS & ACQUISITIONS                     Back to Top

Law Firm is a leading advisor to public and private companies on mergers and acquisitions. Law firm’s results-oriented attorney seeks innovative solutions that make transactions faster, smoother, and less costly. Law firm employ an integrated cross-disciplinary approach that spans many of the firm’s numerous practice areas, from tax, securities, corporate governance and labor to real estate, intellectual property, environmental, antitrust and other regulatory fields. For leveraged transactions or those involving refinancing of debt, law firm’s finance attorneys offer experience in a wide range of vehicles, including unsecured and secured lending, senior and mezzanine lending, derivatives, and securitizations.

Law Firm has represented a wide variety of institutional, company and entrepreneurial clients, including public and private corporations and investment groups, in strategic and financial acquisitions, divestitures and investments. Law Firm’s clients and experience span every major industry, from aviation, banking, biotechnology, defense and energy to information technology, maritime sciences, telecommunications and utilities. Law Firm’s experience in all types of transactions includes:

• Legal due diligence, including patent and trademark reviews, environmental audits and analysis, analysis of pending litigation and analysis of regulatory compliance, benefit programs, labor relations and other employee-related issues
• Tax planning, structuring, and reporting
• Antitrust
• Acquisitions by non-India entities, including regulatory compliance in India
• Securities law compliance, registration and reporting
• Fiduciary issues facing boards and senior management
• Corporate governance and transition
• Technology and intellectual property
• Human resource, labor
• Management compensation and retention programs
• Environmental risk allocations
• Litigation

 CLOSELY HELD BUSINESS                      Back to Top                                                                         

As a closely held business grows, its need for experienced legal assistance can multiply quickly. What started as a simple, straightforward enterprise may soon find itself facing a bewildering host of issues – including questions of ownership, control, employment laws and compensation – to name just a few. As the business develops, the unexpected and the unforeseen are almost guaranteed. Trustman Law Firm has represented hundreds of closely held businesses over the past decade. These include corporations, partnerships and limited liability companies, as well as entities that are family-owned or owned by unrelated parties. The Closely Held Business Group’s extensive experience enables it to quickly analyze a client’s situation, and to recommend and implement the legal alternatives that will best achieve the client’s objectives.

ORGANIZING YOUR BUSINESS                 Back to Top                                                    

Law Firm works with clients to determine what form their business should take. The Law Firm’s practical knowledge of the advantages and disadvantages that various business forms present enables it to recommend which form of ownership best suits each client’s unique needs. For example, some clients’ interests may be best served by organizing as a corporation. For others, the best choice may be a partnership, limited partnership or a limited liability company.

GROWING YOUR BUSINESS                     Back to Top                                           

Law Firm is prepared to bring its broad experience to bear on the challenges you face. When it comes to raising capital, the firm provides counsel in connection with debt financings – both through conventional bank loans and various government loans. The Law Firm’s attorney also assists with all types of equity financings, including venture capital, private placements and initial public offerings. In addition, law firm’s attorney helps with the arrangements a growing business may wish to make with other parties – including mergers and acquisitions, joint ventures, and franchising.                       

MANAGING YOUR BUSINESS                   Back to Top                                                 

Growing businesses often add new talent, creating the need for employment agreements and business plans. To succeed, these must serve the interests of both the company, employee and the other company. The business may also wish to form subsidiaries or affiliates, or take other tax-efficient approaches such as limited liability companies, corporations or limited partnerships in order to optimize its operating and tax situation. At this stage, it may be necessary to begin addressing such governance issues as how best to allocate power among competing interests. A business/ legal audit may be necessary to determine which legal and structural issues the enterprise faces. Law Firm has a wide range of experience in assisting with all of these matters. What will happen to your business when you retire or become less active in it? Who will run it? Who will own it? How can you assure the outcome you desire? Law Firm’s Business Group benefits clients in several ways.

• Planning and Preventive Measures. The law firm’s vast experience allows it to foresee many of the potential pitfalls and to develop plans to prevent them.
• Problem-Solving. Law firm provides innovative, solutions-oriented approaches.
• World-Class Experience. The law firm knows from experience how to identify relevant issues and implement the most effective course of action.
• Connections. The law firm has access to sources of capital and to consultants who can provide financial guidance, business valuations and other resources.                        

FRANCHISING / BROKER – DEALERSHIP                  Back to Top

The Dealership and Trade Association understands commercial relationships and issues faced by dealers and their trade associations, including:

• Establishing franchise relationships
• Dealership transfers
• Dealership and franchise litigation
• Licensing
• Consumer and advertising laws
• Trade regulations and practices
• Business structure and planning
• Sales and lease contracts
• Financing and operations

Providing businesses with franchising advice requires lawyers with expertise in many different disciplines: corporate, tax, real estate, intellectual property and, often, litigation, just to name a few. Law firm has strengths in all of these areas and has brought all of those skills to bear in the development of its franchising practice. Traditionally focused on advising franchisors, law firm has assisted with the establishment, operation, expansion, acquisition and disposition of franchises in Delhi and throughout India. Law firm is particularly well suited to advising on the particular requirements of India franchise legislation.  Law Firm’s dual expertise in India and international franchising and licensing, as well as capital formation and corporate finance transactions, make the attorney of our team uniquely qualified to handle complex financing and acquisition transactions involving franchisors, distribution companies and emerging growth businesses.

Law firm has represented franchisors in various industry sectors including hotels, restaurant, retail financial, corporate training, educational and other business, household and personal services.  Law Firm lawyers have also helped franchisors prepare master franchise agreements and disclosure documents and we continue to assist them in their efforts to comply with the requirements of provincial legislation relating to franchises. Finally, Law firm has used its expertise to assist franchisors in protecting, enhancing and exploiting their valuable portfolios of trade-marks and other proprietary in India.

On the litigation side, Law firm has both enforced rights of franchisors against former franchisees and infringers, as well as defended franchisors in actions brought by franchisees and former franchisees, on a variety of matters, including, in at least one instance, assisting a franchisor in successfully resisting an application for relief from forfeiture brought by a former franchisee who was found not to be truthfully reporting all income.

INFORMATION TECHNOLOGY                                  Back to Top

Law firm’s Information Technology Group is regarded as one of India's leading IT law practices. Law firm has an extensive group of lawyers focused on IT law, which means our clients receive legal advice that is timely, relevant and industry specific. Law Firm’s IT lawyers have qualifications in fields such as engineering, computer science and mathematics. Consequently, Law Firm’s lawyers have a better understanding of our clients' day-to-day business challenges.

Law Firm’s Information Technology Group services a range of clients from IT vendors and developers to major corporations with complex IT procurement and usage requirements, such as large scale outsourcing projects and complex technology acquisition transactions.

Law Firm’s legal advice is strategic, commercial advice that helps clients in many different IT business situations, such as:

• technology, software and database development, distribution and licensing agreements
• technology transfer, agreements relating to outsourcing, data processing
• mergers and acquisitions of technology companies
• Internet, multimedia, Web site development and hosting
• electronic funds transfers and point-of-sale networks
• digital security and encryption infrastructures
• protecting ownership rights in software or other technology products
• advising in the commercialization of technology products and services
• advising regarding the proprietary rights of employees or subcontractors
• preventing disclosure of confidential information and competition by customers, suppliers or employees
• privacy compliance
• limiting liability through disclaimers or warranties
• advising with respect to source code escrow and trust arrangements
• clarifying testing, training and maintenance arrangements
• clearing multimedia rights
• registering and litigating patents, trade-marks, copyright and integrated circuit topography rights
• advising as to wireless technology regulations and licenses
• strategic approaches to resolving disputes relating to IT

FINANCIAL REORGANISATION                                   Back to Top

When financial changes or crises occur in a volatile business environment, debtors, creditors, lenders, and investors demand experienced counsel and real solutions. Law Firm's Bankruptcy, Financial Reorganization and Creditors' Rights Practice Group combines innovative strategies with business advisory and crisis management skills to guide clients through the turmoil surrounding financially troubled companies and to identify issues, set priorities and allocate resources maximizing their prospects for recovery.

The law firm employs a comprehensive approach to all aspects of financial difficulties in order to protect the interests of its clients, whether the client is a debtor, creditor or other affected party:

• Representation in courts, out-of-court workouts, and pre-packaged plans
• Representation in workouts of construction, mortgage, leveraged buyout, ESOP, commercial finance, and asset-based loans
• Litigation in lender liability, fraudulent transfer, preference, lien proofing, and lien avoidance actions
• Assistance in the purchase and/or sale of assets, securities
• Advice in the restructuring of publicly held debt and equity securities
• Representation in the recovery of leased or financed property
• Advice on environmental aspects of a reorganization or workout
• Assistance on debtor-in-possession lending, financing, and use of cash collateral
• Representation in the securitazation of Economic Development Bonds

INTERNATIONAL TRADE                                   Back to Top                                                                 

Regardless of the situation, developing an international business and operating in international markets can expose an organization/ company to a myriad of complex rules that govern international trade and foreign investment. Today, virtually all businesses are in some way affected by global enterprise. Law Firm understand that skilful navigation through unfamiliar laws and regulations, treaties, customs and tariffs, bureaucracy, language barriers and unknown business practices is critical to an organization’s success in the global marketplace. Whether a business crosses one or many borders, law firm provide strategic legal advice that helps its clients seize and maximize the available opportunities while also managing and minimizing the risks.

Law Firm is a formidable team of professionals who provide legal services and strategies focused on helping Indian and global enterprises achieve their international business objectives. Beyond our corporate clientele, Law Firm has recognized expertise and extensive experience in every aspect of international trade law including WTO and NAFTA rights and obligations; WTO litigation; dispute settlement; bilateral investment treaties (BITs); anti-dumping and countervailing duties; safeguard proceedings; customs regulation; export/import controls; government procurement appeals; government relations; trade sanctions/embargoes and extra-territorial laws and blocking legislation.

The continued expansion of international trade law beyond trade in goods to include services, foreign investment and trade-related intellectual property measures, has meant that advising clients on all of their trade law matters frequently requires access to experts in other legal areas. As a premiere business law firm, Trustman is able to provide specialized advice in the areas of international taxation, transfer pricing, intellectual property, financial services, competition, energy and natural resources, administrative litigation, the environment, packaging/labeling standards, privacy, temporary entry requirements and immigration.

 EXPORT/IMPORT CONTROLS                              Back to Top

Inform clients on applicable import/export controls including Export Control List, import licenses, Controlled Goods Regulations, economic sanctions and embargoes, Foreign Extraterritorial Measures Act, lobbying to avoid licence requirements or to obtain applicable exemptions.

GOVERNMENT PROCUREMENT ADVOCACY         Back to Top

Law Firm a devise on the rules that apply to selling to the government and on government best practices in developing and managing public-private partnerships and Request For Proposals (RFPs); Representation before the India Government and the India Court.

GOVERNMENT RELATIONS                                  Back to Top

Law Firm provide strategic advice in responding to government policy proposals; maintain contact with key government decision-makers; and represent clients before government committees.

WHITE COLLAR CRIME                                         Back to Top                                                                   

Difficult times require experienced lawyers. Questions of misconduct by corporate officials and employees, subpoenas to testify before the India court, and visits from or calls by law enforcement officers are causes for concern and can often be the precursor to an investigation and even formal criminal charges. Law firm has a proven track record of success in cases involving government investigations. The law firm’s attorney is experienced in all aspects of criminal law such as internal audits and investigations for corporations, court investigations including search warrants and subpoenas, complex federal prosecutions, forfeiture cases, investigations by securities regulators and, of course, trials and appeals.