Practice Leader: Valérie Demont
India's rise as a global trading partner to the United States and as a center for technology, communications, manufacturing, retail, infrastructure, business services and other commercial enterprises creates tremendous opportunities for U.S. and Indian companies involved in cross-border business.
For many years, Pepper Hamilton has been devoted to serving U.S. clients investing and operating in India, and Indian clients investing or doing business in the United States. Our U.S.-India practice consists of a multidisciplinary team of attorneys with experience in a variety of practice areas, (including corporate, securities, M&A, financing, tax, intellectual property, funds, construction, enforcement and litigation) and various industries (including outsourcing, IT, banking and financial services, retail, infrastructure, automotive, pharmaceuticals, life sciences, mining and media). In 2012, Pepper acquired the investigative group run by Louis Freeh, former director of the U.S. Federal Bureau of Investigation, allowing the combined firm to offer clients the outstanding capabilities of top consultants, forensic analysts, and former FBI and comparable resources worldwide.
Pepper Hamilton was recognized in both 2011 and 2012 as a significant player for U.S.-India business by India Business Law Journal. The publication noted Pepper’s successes in a number of transactions in growth areas in India, such as entertainment and publishing, in its June 2010 article on the rankings: “The New Legal Architects: In the wake of the financial storm, which international law firms are taking the lead in designing and executing India’s cross-border transactions?”
When advising on U.S.-India matters, we work with a number of leading law firms in India to advise on all aspects of Indian law governing the matter. In particular, we advise clients about:
- mergers, acquisitions, investments, joint ventures and dispositions of assets or businesses
- repatriation of earnings, currency transactions and related matters
- tax and corporate structuring of investments into India or the U.S. sales of goods and services
- technology and other intellectual property transfers involving India and Indian entities
- establishment of business operations in India
- investments in capital markets in India capital markets
- transactions and securities offerings by Indian issuers in the U.S. and internationally
- formation of funds dedicated to investments in India
- litigation, arbitration and other forms of dispute resolution
- FCPA and other enforcement issues
- government regulation and regulatory approvals
- labor relations and employee benefits work
- other commercial needs.
Representative engagements examples of our experience include representing:
- a U.S. government contractor with expertise in hazardous waste and removal of explosives in connection with the development of an eco-park in India
- a lifestyle-themed television channel (a subsidiary of a large publicly traded Indian media company) in connection with its sale to a U.S. media company and entry into a strategic media alliance
- an India-based business process outsourcing company with its IPO in the U.S. and listing on NASDAQ
- a leading global provider of business information solutions to law firms, corporations and government in connection with its acquisition of a leading Indian publisher of primary legal materials
- an India-focused private equity firm in connection with the organization of two private equity funds formed to invest in India and India-centric businesses, and the planned formation of a third fund
- an Indian tax advisor on various private equity fund-related matters involving Indian clients (for example, structuring fund general partners and management companies in which Indian nationals have interests)
- a publicly traded investment fund focused on infrastructure and real estate development in India, advising on its capital formation, AIM placement, corporate governance issues, defense against activist shareholder claims, debt placement and general business counseling
- a U.S.-based supply chain software company in creating a corporate entity in India
- a U.S. provider of data in connection with the establishment of an India-focused platform serving the Indian insurance market
- a special committee of a U.S. public company that was majority-owned by a large India-based company; we advised on a going-private transaction, including negotiating the purchase price for the publicly held shares, and on appropriately reviewing the transaction from a procedural perspective
- an Indian manufacturer, advising on its global securities offering in connection with its initial public offering in India
- an Indian investment bank in connection with the establishment of its broker-dealer subsidiary in the U.S.
- a U.S.-based developer and marketer of hardware and software for the network security market that has operations in India and was founded and is managed by an Indian family, in three rounds of venture capital investment, domestic and international service agreements, employment issues, employee benefit plan design and implementation, mergers and acquisitions and commercial litigation
- a Pittsburgh-based IT services company with operations in India, as outside general counsel, including advising on the acquisition of an Indian offshore development company
- a U.S.-based insurance-related business in negotiating agreements with an Indian company for onshore and offshore software design and development
- a Swedish venture fund in an investment in a Indian public company
- a large U.S.-based financial services company in outsourcing its back office operations to Indian vendors, including working closely with Indian counsel on compensation and securities issues.