TMT INVESTMENTS

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The technology sector is a key focus area for the firm with some of our core deal team members specializing in matters such as data protection and data privacy, e-commerce and digital payments. We have represented clients, both strategic and financial investors, on a number of investments in diverse businesses across the sector, particularly in e-commerce, cab hailing, fintech, music streaming, ed-tech, food ordering and logistics platforms. We have also built up significant experience in the media and telecommunications sectors and have advised clients on a variety of investments into marketing, analytics, digital media, advertising and public relations platforms. Our familiarity with these businesses as well as the underlying legal and regulatory issues ensures that we play a constructive role not only for our clients but also for the targets and co-investors who are involved. We find that our clients value our overall capabilities as transactional lawyers as well as our insight and expertise in advising on complex regulatory issues associated with the disruptive tech businesses.

 

We have experience in advising clients on both early and late stage investments in the tech space as well as structuring and negotiating exits as part of private sales and IPOs. Whilst there are varying “market practices” across financial investments in India, our understanding of the Indian market and the risk appetites of our clients enables us to provide balanced inputs on the various commercial calls that typically need to be made on such deals. Apart from deal structuring, legal diligence and documentation, with our competition / antitrust practice lending their expertise on the unique competition / antitrust aspects impacting technology businesses, we are able to provide consolidated and integrated advice to our clients on all aspects of the deal.

Our cross-border expertise and familiarity in dealing with and across overseas law firms makes us well suited to advise and assist Indian tech promoters and businesses in their negotiations with foreign multinationals and financial investors. We have worked on several divestments, joint ventures and fundraises for our domestic clients across blue chip overseas counterparties. We make sure that the Indian target is adequately prepared ahead of the commencement of the formal diligence process and negotiations. Again, our risk allocation and transaction management expertise ensures that the discussions are kept on an even keel through the course of the transaction. We take pride in being solution-oriented thought leaders, driven by innovation and have been at the forefront in developing innovative and creative structures to suit our clients’ needs. In fact, post the recent change in the foreign investment regulations (in relation to countries sharing land borders with India), we have successfully closed a deal in the tech space for one of our clients based in the People’s Republic of China under the debt route. We have extensive experience in advising multi-national clients across the entire gamut of Indian data related issues. Our work in this regard includes preparing and customizing data related policies for use in India, and we have assisted a number of clients prepare for the wide raſt of legislative and regulatory data related changes that are in the process of being introduced in India. On the corporate transactional side, we are experienced in conducting data related diligence and negotiating data related aspects as part of M&A transactions. We have also assisted international clients in dealing with the Indian aspects of data breaches and liaising with the relevant Indian authority in this regard.

The scope of services in our TMT practise includes:

  • Advising on complex regulatory and structuring issues.
  • Conducting comprehensive legal due diligence on the target. For the purposes of diligence relating to overseas group entities, we coordinate with the relevant local counsel and act as the single point of contact for all diligence requirements.
  • Assisting with drafting and negotiation of the transaction documents.
  • Advising on and assisting with steps to be taken during and following deal completion.
  • Procuring all the relevant regulatory approvals, including antitrust approval.
  • Advising on data sharing arrangements (both within India and across borders), whether they are stand-alone arrangements or a part of corporate transactions.
  • Advising on the legislative and regulatory changes that are expected to be made in the data space. In particular, we have assisted a number of clients prepare for the changes in the Indian personal data legal framework that are expected imminently (which will bring the Indian position closer to the position under GDPR).
  • Conducting data related diligence as part of corporate transactions.
  • Assisting with drafting and negotiation of data related aspects in transaction documents.
  • Dealing with the Indian aspects of data breaches and preparing responses and submissions to the relevant authority.
  • Transaction management is a subtle yet core specialism of the firm which builds into our foundational strengths of execution capability.
  • Our extensive experience in representing strategic and financial investor clients enables us to act as a single point of contact and we can seamlessly coordinate with offshore counsel, tax and financial advisors, administrators, filing agents, governmental and regulatory authorities, and business and legal divisions of the investors.
  • We have time and again played the role of stitching multiple pieces of a deal together in close co-ordination with all the relevant stakeholders to ensure that the deal is consummated in the most efficacious manner possible.

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