Representations and warranties in the context of M&A in India

 REPRESENTATIONS Traditionally representation and warranties are referred to as a single grouped concept wherein most tend to view them as synonymous terms.  However, the two terms are separate and distinct from each other having different characteristics and hence different remedies under law.  Understanding the differences between them and using them appropriately is essential to ensure … Continue reading Representations and warranties in the context of M&A in India

Validity of Non-Solicit, Non-Compete and Non-Poaching Agreements

  Non-Solicit and Non-Compete Agreements are no longer uncommon. In order to protect their interests, employers enter into such agreements with their employees at the time of commencing the employee-employer relationship. This period is such that, the employer is in a position of advantage, and the employees, usually blinded by the light of prospective employment … Continue reading Validity of Non-Solicit, Non-Compete and Non-Poaching Agreements

E-contracts: Click Wrap and Browse Wrap Contracts – Illusion of Consent

In today’s time, website usage has increased due to fast and quick access to the information, knowledge, product, etc. Such flexible and approachable way of working has attracted ample of customers and websites have become an effective source of communication, which in turn have introduced non-traditional methods of contracting. Such e – contracts are termed … Continue reading E-contracts: Click Wrap and Browse Wrap Contracts – Illusion of Consent

Recommendations for Amendments to Specific Relief Act

  In light of Union Government’s ‘Make in India’ initiative, and to propel the ease of doing business in India, the Ministry of Law and Justice constituted an expert committee, around the end of January, 2016, to review and suggest amendments to the Specific Relief Act, 1963 (“Act”). The Expert Committee, headed by Mr. Anand … Continue reading Recommendations for Amendments to Specific Relief Act

Employment Bonds / Indemnity Bonds: Can one truly lock-in their key employees?

Employers undertake various approaches to secure themselves from any harm caused by the acts of their employees. Requiring an employee to execute an indemnity bond, inclusion of negative covenants in the employment agreement and confidentiality clauses is some of the practices generally adopted by employers as measures to protect from employee attrition. Whereas confidentiality clauses … Continue reading Employment Bonds / Indemnity Bonds: Can one truly lock-in their key employees?