GLOBE LAW & CO.

Merger and Acquisition
Driving inorganic growth through M&A remains a quick and efficient way to transform business or gain advantage in new business areas. Whether it be a need to shed redundancies and focus on core businesses or acquire advantage speedily through expansion, M&A remains a preferred route for profitability, despite economic fluctuations. But it brings in its wake, concerns around merger clearances, whether it be post-merger complications or potential risks related to compliance.

Our highly sought after M&A practice works with our clients to address and resolve such concerns. Acknowledged as leaders in mergers & acquisitions, amalgamations, restructurings, demergers, delistings, joint ventures, public M&A and asset transfers, our M&A team offers a comprehensive range of services. We play a pivotal role for international companies wishing to acquire existing businesses in India, or Indian companies wishing to acquire businesses within or outside India, through a comprehensive range of services, including advice on related regulatory issues.

Real Estate
Our Real Estate practice has earned international repute and is built on a deep understanding of real estate assets. Our sector knowledge and collaborative approach anchors problem solving to clients’ most pressing issues, as we understand that real estate assets are an important aspect to deliver your business strategy. We assist clients in matters relating to land and property acquisitions, development of land parcels, structuring of FDI in real estate, commercial leasing, and setting up diverse assets such as multi-specialty hospital & hotel projects, development of townships and SEZs, Redevelopment of Housing societies etc.

Areas of Focus
Acquisition Financing
We structure acquisition financings involving both private equity and strategic buyers and advise on all aspects, from the structuring and commitment phase to closing and subsequent amendments and refinancings. We work with the Firm’s M&A attorneys on both the financing and buy/sell aspects of an acquisition transaction. Our anticipation of the requirements of all stakeholders with regard to complex transactions, anchors our ability to deliver sophisticated advice and deal management of acquisition financings.

Leveraged Finance
We advise clients on all types of leveraged financings, from lower middle-market to global corporates including secured loan facilities, recapitalisation, working capital or general corporate purposes, integrated bank and bond financings, asset-based and multi-currency facilities and cross-border financing. We represent commercial and investment banks, institutional lenders, private equity sponsors and corporate borrowers in leveraged cash flow and asset-based financing. We also address all manner of inter-creditor issues that could stem from senior and subordinated financings, super priority and cross-collateralised structures.

Debt Restructuring
We effectively protect the interests of our clients including lenders, borrowers, investors and acquirers, in out-of-court restructuring through our Firm’s finance and restructuring experience. Our experience of negotiating with constituents with divergent interests helps us delivering resolution that enables our clients to progress with financing structures. We collaborate with our highly experienced and reputed litigation team to find solutions for any restructuring that might be contentious.

Real Estate Investment and Finance
We have extensive experience in secured real estate finance and regularly represent banks and other institutional lenders in ensuring loans being secured for all types of commercial and residential real estate. Our national practice addresses diverse forms of secured debt, including bridge, acquisition, construction and permanent financing secured by fixed and floating rate mortgages, mezzanine debt and fee, also including lease rental discounting mortgages.

Junior Capital
We represent institutional investors and funds in structuring and documenting investments in mezzanine products of all types including senior subordinated debt, equity co-investments and preferred equity. We understand the wide range of issues that could arise in any mezzanine transaction, including the structure, pricing, covenants, redemption/call protection aspects, liquidity rights, inter creditor issues, equity components, anti-dilution protections and tax aspects. Our team comprises a dedicated team of lawyers from finance, fund formation, private equity and tax, to deliver integrated legal services.

Consumer Lending, Digital Banking and Payment Solutions
We advise mortgage and consumer lenders, payment service providers and e-money institutions apart from small banks, payment banks, e-wallet and leasing corporations on new age innovative products based on financial technology.

Corporate Lending
We represent banks, institutional investors and mutual funds in structuring and documenting syndicated and bilateral loans. In addition, we also have expertise in trade finance, securitisation equipment finance, project finance and bank frauds etc.

Insolvency & Bankruptcy
The law relating to Insolvency and Bankruptcy in India has continuously been evolving and undergone a paradigm shift. Our specialised teams are in tune with the present and expected trends. It has also been a constituent of the policy making process for this domain.
Globe Law & Co. has been at the forefront of the new insolvency law, and has been involved in almost all major cases of insolvency under the new law. The Firm continues to play an active role in shaping the constantly evolving insolvency law and policy in India.
Our experience covers the entire range of this practice, starting from restructuring under formal and informal procedures towards revival for corporates with early signs of distress, to processes involving actual liquidation and winding down of businesses. We advise clients at the pre insolvency stage or during the corporate insolvency resolution process (advising the committee of creditors or the resolution professional), to acquisition of the stressed asset via an insolvency process. Our integrated approach comprehensively addresses diverse aspects of an insolvency matter including acquisitions, deal structuring, drafting the resolution plan, conducting legal due diligence, conducting meetings with resolution professionals to address concerns and clarify queries. We also represent before the National Company Law Tribunal on behalf of the acquirer to see the matter through to its conclusion.

Globe Law & Co. guides its clients to the most efficient and practical solutions in diverse bankruptcy situations with varying degree of complexity and stakes. Our extensive experience in representing creditors, distressed corporates, as well as acquirers in the acquisition of companies in insolvency through a ‘resolution plan’ equips us in handholding clients through the entire process.

We have considerable experience in representing acquirers, stressed assets funds, international and domestic banks and financial institutions, trading and finance companies, lenders, issuers, and borrowers in diverse banking and financing transactions. We are frequently involved in structuring, documenting, recovery litigation, asset control and asset reconstruction, debt recovery, and negotiating various secured and unsecured financing transactions. We have dedicated resources for providing seamless advice on Indian laws in relation to cross-border aspects of contentious and non-contentious issues of insolvencies, formal restructurings and out-of-court settlements.

Our Bankruptcy and Restructuring Practice works closely with other practice areas within the Firm, primarily Banking & Finance, M&A, Tax, Employment and Dispute Resolution, to provide a comprehensive solution encompassing financial restructuring and recovery, insolvency, corporate reorganisation, restructuring of non-performing assets, creditors’ rights, and contingent preparedness against any peripheral litigation. Our full service experience enables the Firm to provide clients with commercially relevant legal advice and create viable safeguards to protect their business.

Intellectual Property
Whether ideas, products or brands, these Intellectual Property assets face growing infringement threat stemming from sophisticated use of technology by infringers, owing to the competitive advantage that businesses enjoy on building and owning these assets. We understand these challenges and offer services across the full life cycle of protecting intellectual property.
We assist through a comprehensive range of services including patents, trademarks, copyrights, designs and other allied laws. The spectrum ranges from conceptualization to enforcement and from negotiations to creation of complex corporate structures based on intellectual property. We specialize in identifying intellectual properties and advising on the spectrum of protection that is available for it under Indian law.

Search and Analysis
We specialise in conducting searches for patents that may offend the scope of one’s own property or keep a standing watch on activities of competitors. Analysis of results are critical and this is also where we provide value to our clients. The different types of patents and non-patents searches in which we specialize are patentability search, patent validity/invalidity search, Freedom to Operate (FTO) search, infringement search, State of the Art Search, and patent landscape search.

We have extensive experience in a variety of technology domains including software, electronics, telecommunications, wireless communication technologies, semiconductors, biomedical devices, pharmaceuticals and petrochemical, chemical, electrical, and mechanical engineering. We also assist in conducting trademark clearance searches, imbibing an understanding of the importance of adoption and inception of trademarks to business. We render our advice based on both the legal principles as well as our experience in handling prosecution. We help businesses make the best decisions for their company that is not limited to merely reporting the results.

Drafting
Where a creation/invention is found to be a fit subject matter for a patent, several specialized and skilled resources are required to ensure proper protection. A specification and claims to scope require drafting which itself is a specialized activity and requires a thorough understanding of laws of major jurisdictions, forming precedents in India. Our patent attorneys identify, draft and prosecute patent applications in the fields of software, electronics, telecommunications, wireless communication technologies, semiconductors, biomedical devices, pharmaceuticals, and petrochemical, chemical, electrical, and mechanical engineering. For trademark aspects, we regularly assist our clients in drafting specification for goods and services that adequately covers the existing and future business areas, while ensuring optimal protection.

Filing and Procedure – Prosecution
We have vast experience in the prosecution of patent and trademark applications before the Patent Offices and Trademarks’ Registry across all facets of technology and business. We represent overseas and Indian clients in all four patent offices (Chennai, Delhi, Kolkata and Mumbai) and five Trademarks Registries (Ahmedabad, Chennai, Delhi, Kolkata and Mumbai) in India. Prosecution, maintenance of trademarks and patents and post registration/grant requirements are generally managed from our office in Delhi, and matters are effectively handled and concluded in all jurisdictions.

Several international conventions have been signed by India, particularly relevant in the context of patent and trademark procedures are the Paris Convention, the Patent Cooperation Treaty (PCT) and the Budapest Treaty. Each of these essentially provide mechanisms and procedures for filing and prosecution. Our intellectual property attorneys fully appreciate the width that these procedures afford and use them to provide maximum flexibility for our clients. We track all the deadlines electronically and advise clients well in time for pending actionable items.

Contentious – Opposition and Cancellation Actions
We have extensive experience in handling contentious proceedings such as oppositions and cancellations before the Patents Office, Trademarks Registry and the Intellectual Property Appellate Board. Such proceedings require deft handling of not just IP issues and procedure but an overall knowledge of handling evidence and civil procedure. Our lawyers are adept and highly experienced in handling such proceedings.

Protecting IP Overseas
Selection of jurisdiction is a crucial activity since failure to protect could mean loss of property rights in the omitted jurisdiction. We advise our clients in selection of foreign jurisdictions in which protection should be sought by assisting them in addressing issues such as scope of protection, intention to exploit, and position of law in aspects such as obligation to work and compulsory licensing. For obtaining and enforcing intellectual property rights, we work with a robust network of law firms who have been carefully selected based on their capabilities and reasonable fee structure.

We also have a network of counsels in the Asian subcontinent who address patent and trademark applications and prosecution matters for overseas clients in Nepal, Bangladesh, Pakistan, Sri Lanka, Malaysia, Thailand, Singapore and Maldives. Similarly, the Firm represents Indian clients in their efforts to obtain patent, design and trademark registrations in other jurisdictions, particularly the US, EU, Middle East, South East Asia and Japan.

IP Enforcement and Litigation
Intellectual property enforcement and litigation forms an integral and important component of our IP Practice. We handle intellectual property litigation matters in courts in India involving patent and design infringement, trademark infringement; trade dress and trade name violations, passing off, copyright, and other forms of intellectual property violations including protection of confidential information and domain name disputes.

Pre-litigation advice and formation of strategy is of significant importance in achieving the desired results and being cost effective. Conducting investigations (through chosen private investigators) for collection of information and evidence, assessing the strength of evidence and providing strategic counsel on the approach to litigation is an integral part of our practice and we appreciate the needs of our corporate clients to have such strategy in place well before any action is initiated.

We do realise the importance of negotiations in obtaining the desired results and favourable settlements on behalf of our clients. Drafting and serving effective legal notices, chasing the misusers, obtaining undertakings to bring effective closure are all part of larger strategy we specialise in, and we bring a cost effective and assertive way of tracking misuse and violations.

Licensing and Transactions involving IP
We work extensively in transfer of technology transactions, both on behalf of the licensor and licensee, and therefore are in a position to offer advice from both perspectives. We routinely advise clients in structuring of franchises, on transactions involving sale of trademarks along with other assets, licensing of content, software development agreements, technology transfers and patent and know-how licenses. Complex issues of ownership and documentation arise where parties undertake collaborative efforts. We do not believe in offering our clients off-the-shelf legal products but use our own creative resources to customise deals. Other aspects such as those relating to trade secrets are carefully attended to in view of the developing case law in India.

IP Audits and Due Diligence
We are equipped to carry out intellectual property audits for our clients wherein we would, in addition to other aspects, look into the documentation of the existing portfolio, uncover unprotected intellectual properties that clients may be interested in securing protection for, review documents of ownership, suggest structures and procedures to be adopted to minimise loss of intellectual assets, and equip management to take decisions on leveraging its intellectual property.

Advocacy
We actively engage in policy and regulatory work in India on behalf of many of our clients in the area of IP laws. We work closely with industry chambers in putting together briefs for future reforms. In partnership with industry and government, we have been closely involved in shaping regulatory policy and spearheading legal reforms in India including the laws relating to data theft and the existence of cartels.