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27 June 2022 at 15 : 22 PM
Roe v. Wade Overruled, NGOs may face reduced International Funding Part 2
Read MoreJun 27, 2022 Welcome to the Social Sector podcast at Nishith Desai Associates. In this podcast, Rahul Rishi and Nitish Raj discuss the ruling of the United States Supreme Court in Dobbs v. Jackson Women’s Health Organization and the impact it would have on international funding from the US. You can refer to our […]
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27 June 2022 at 12 : 17 PM
Mid-year Update: Digital Health in India; June 27
Read MoreJune 27, 2022 MID-YEAR UPDATE: DIGITAL HEALTH IN INDIA INTRODUCTION As the momentum to digitize the healthcare system in India continues to grow, the Government has been keeping up pace to catalyse the transition. The Ayushman Bharat Digital Health Mission (“ABDM”)1 remains on top of the list in the transformation of the digital healthcare landscape and […]
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25 June 2022 at 15 : 37 PM
When the watchdog is caught napping
Read MoreJun 25, 2022 Welcome to the Yes, Governance Matters podcast at Nishith Desai Associates. In this podcast, Sahil Kanuga, Co-head of the International Dispute Resolution and Investigations Practice at Nishith Desai Associates discusses the 8th June 2022 order of the U. S. Securities and Exchange Commission on the audit firm CohnReznick LLP and looks […]
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24 June 2022 at 11 : 20 AM
Mid-year Regulatory Update 2022: Pharmaceuticals in India
Read MoreJune 24, 2022 MID-YEAR REGULATORY UPDATE 2022: PHARMACEUTICALS IN INDIA INTRODUCTION The first half of 2022 has witnessed a lot of regulatory activity in the pharmaceutical sector. The sector has witnessed numerous regulatory developments to streamline the regulation of the sector including the introduction of new Indian pharmacopeia, notification on over-the-counter drugs, display of unit […]
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22 June 2022 at 15 : 16 PM
Regulatory Hotline: SEBI’s concerns on Algorithmic Trading by Retail Investors
Read MoreJune 22, 2022 SEBI’S CONCERNS ON ALGORITHMIC TRADING BY RETAIL INVESTORS BACKGROUND The Securities and Exchange Board of India (“SEBI”) vide a Press Release, dated June 10, 2022 (“Press Release”)1, yet again raised its concerns with regard to the algorithm trading services being offered by unregulated platforms. SEBI has cautioned investors against strategies that are […]
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20 June 2022 at 16 : 53 PM
Technology Law Hotline: Cyber Security Due Diligence: Should investment committee and board members consider the target’s cyber security readiness before jumping in?
Read MoreJune 20, 2022 CYBER SECURITY DUE DILIGENCE: SHOULD INVESTMENT COMMITTEE AND BOARD MEMBERS CONSIDER THE TARGET’S CYBER SECURITY READINESS BEFORE JUMPING IN? With the rise in cyber security breaches in the last two years, there is talk of cyber security threats being considered an environmental, social and governance (ESG) concern. Socially responsible businesses are […]
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18 June 2022 at 13 : 39 PM
New Publication: Fund Formation: Attracting Global Investors
Read MoreFund Formation: Attracting Global Investors June 18, 2022 Reports suggest that Alternative Investment Funds (“AIFs”) have made investments aggregating to USD 36 billion until the last quarter, registering an increase of 42 per cent over the course of last one year. Notably, GPs recently have been increasingly evaluating different structures to contain any possible […]
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17 June 2022 at 11 : 41 AM
Dispute Resolution Hotline: Supreme Court: Insider trading cannot be sustained on circumstantial evidence
Read MoreJune 17, 2022 SUPREME COURT: INSIDER TRADING CANNOT BE SUSTAINED ON CIRCUMSTANTIAL EVIDENCE In case of non-connected persons, the burden is on SEBI to show that the accused was in possession of UPSI. Mere circumstantial evidence such as trading pattern, timing of trades, and family relationship is not enough to prove communication of UPSI Proximity […]
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16 June 2022 at 16 : 25 PM
Technology Law + Regulatory Hotline: Guidelines on Misleading Advertisements and Endorsements notified under the Consumer Protection Act, 2019
Read MoreJune 16, 2022 GUIDELINES ON MISLEADING ADVERTISEMENTS AND ENDORSEMENTS NOTIFIED UNDER THE CONSUMER PROTECTION ACT, 2019 BACKGROUND On 9th June 2022, the Central Consumer Protection Authority (“CCPA”)1 notified Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022 (“Guidelines”)2 exercising its powers under Section 18 of the Consumer Protection Act, 2019 (“CPA, 2019”).3 The Guidelines aim to […]
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16 June 2022 at 13 : 42 PM
New Publication: Taxing Offshore Indirect Transfers in India
Read MoreTaxing Offshore Indirect Transfers in India June 16, 2022 The infamous indirect transfer provisions were introduced under the Indian tax law as a knee jerk reaction to the Supreme Court’s decision in case of Vodafone International Holdings with retroactive effect from April 1, 1962. The indirect transfer provisions have been a source of protracted litigation and […]
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16 June 2022 at 13 : 12 PM
Law of Damages in India
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15 June 2022 at 16 : 14 PM
Dispute Resolution Hotline: Can a regulator hide its investigation report which has been relied upon as part of its adjudication?
Read MoreJune 15, 2022 CAN A REGULATOR HIDE ITS INVESTIGATION REPORT WHICH HAS BEEN RELIED UPON AS PART OF ITS ADJUDICATION? Supreme Court held that: A quasi-judicial authority has a duty to disclose the material relied upon at the stage of adjudication, and the test is whether such material is relevant for the purpose of the […]
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15 June 2022 at 11 : 48 AM
Yes, Governance Matters. – When the watchdog is caught napping
Read MoreJune 15, 2022 WHEN THE WATCHDOG IS CAUGHT NAPPING INTRODUCTION On June 08, 2022, the U.S. Securities and Exchange Commission today charged1 audit firm CohnReznick LLP (“Firm”) with improper professional conduct on engagements for two clients in 2017. The Commission also charged three of the firm’s partners with improper professional conduct for violating numerous professional standards. […]
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14 June 2022 at 15 : 24 PM
Dispute Resolution Hotline: Offences under the Copyright Act are cognizable and non-bailable: Supreme Court confirms!
Read MoreJune 14, 2022 OFFENCES UNDER THE COPYRIGHT ACT ARE COGNIZABLE AND NON-BAILABLE: SUPREME COURT CONFIRMS! INTRODUCTION The categorization of offences under a statute as cognizable/non-cognizable and bailable/non-bailable as per the Code of Criminal Procedure 1973 (“CrPC”) gains significance in ascertaining the procedure for arrest, bail, trial etc. In case of bailable offences – bail can […]
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14 June 2022 at 10 : 30 AM
New Publication: Tax Issues in M&A Transactions
Read MoreTax Issues in M&A Transactions June 14, 2022 Mergers and Acquisitions (“M&A”) transactions are an integral indicator of the health of any economy. While regulatory and commercial considerations are important in shaping M&A activity, tax has long been a key factor governing and guiding the shape of M&A. With global changes in tax law, […]
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13 June 2022 at 13 : 45 PM
Technology Law Hotline: MeiTy seeks public comments on amendments to Intermediary Rules
Read MoreJune 13, 2022 MEITY SEEKS PUBLIC COMMENTS ON AMENDMENTS TO INTERMEDIARY RULES On June 6, 2022, MeiTy released draft amendments (“Draft Amendments”) to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“IT Rules”), seeking public comments. Last date of submission of comments is July 6, 2022. The press note accompanying the Draft […]