Category: Corporate

Section 245 Derivative Suits: Independence, Good Faith, and the Governance Paper Trail That Wins Dismissals

Author: Nitin Jain Independence : Did Deciding Directors Have Conflicts That Compromised Judgment? Derivative petitions often target transactions where board composition raises independence questions. The practical standard for independence in these suits is more demanding than technical definitions: courts look at relationships, incentives, and context that could reasonably affect judgment. The defense is built not... Continue Reading →

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The Section 245 Derivative Action Framework: Building Litigation Defenses Through Board Process Documentation

Author: Nitin Jain The Business Driver: Why Derivative Suits Are Increasing Minority shareholders in Indian listed companies increasingly use Section 245 derivative actions to challenge board decisions that allegedly harmed the company particularly RPT approvals, capital allocation decisions, and governance lapses. The plaintiff bar has developed expertise in these claims, and institutional investors sometimes support... Continue Reading →

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Gigged Out? Why E-Commerce Platforms Must Prepare for a Festive Season Compliance Test

Author: Nitin Jain India's festive season is poised to generate record-breaking gig workforce demand, with estimates suggesting over 500,000 temporary jobs across e-commerce, logistics, and warehousing. However, this celebratory spike may also bring unprecedented legal scrutiny to platform employment practices that have evolved in regulatory gray areas. The scale of seasonal hiring creates unique legal... Continue Reading →

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Tariff Tsunamis & Clause Amnesia: Why Indian Exporters Must Stress-Test Their Cross-Border Contracts Now

Author: Archana Balasubramanian In an increasingly protectionist global environment, Indian exporters must recalibrate their contractual frameworks to withstand trade volatility. With the United States implementing fresh tariff hikes on Indian goods, including textiles, gems, and leather, the risk of geopolitical disruption has moved from theory to present-day exposure. The current tariff escalation represents more than... Continue Reading →

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Strategic Litigation in Regulatory Transition: A Framework for Dispute Survivability Assessment

Author: Nitin Jain The divergent responses of gaming platform founders to recent policy developments highlight an important truth: legal challenges are not always about who is right, but about whether the fight is worth it. This principle extends far beyond gaming into every sector experiencing regulatory flux. When faced with adverse government action, business founders... Continue Reading →

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Anchor Bets, Exit Jitters: What FPI Signals Mean for Pre-IPO Deal Structuring

Author: Archana Balasubramanian Foreign Portfolio Investors (FPIs) appear to be sending mixed signals to Indian markets: while secondary market withdrawals crossed INR 25,000 crore recently, anchor investment in IPOs has risen sharply, with over INR 26,000 crore deployed in recent months. This apparent contradiction reveals a sophisticated investment strategy that transcends simple market sentiment. FPIs... Continue Reading →

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