Our Practise Areas

At ELA, we pride ourselves on our creative strategies. We believe any lawyer can file a suit or win a case that has the right facts or the law on their side. But exceptional lawyers assert novel arguments in the face of difficult issues where the facts or law may not be on our side. We like to win the “unwinnable” cases. At the same time, winning does not necessarily mean losing for the other side.  We define winning as the best outcome from the perspective of our client, the business leader. Our holistic approach will often result in a victory for both sides. In other cases, where that is not possible, we will work with the client to formulate the most effective strategy to achieve the client’s goals.

  • Dispute Resolution & Litigation

    ELA has profound expertise and diverse capabilities in handling complex and multi-jurisdictional corporate and commercial dispute resolution, including mediation, arbitration, and litigation. ELA has dispute resolution capabilities in its own office and in other locations, it has alliances with whom it has trusting relationships. The team is uniquely placed to handle work seamlessly. We are one of the formidable names in the area of regulatory matters, commercial and corporate disputes.

    Our team has the expertise to identify and execute most appropriate business solutions to various legal disputes, including pursuing or defending litigation, arbitration, mediation, and regulatory matters. We work in close collaboration with external law firms to create compliance programs and perform risk assessments in order to serve the client better.

    We handle a wide variety of civil disputes and proceedings, commercial arbitrations, statutory and regulatory proceedings in a corporate context and assisting in formulating litigation strategies relating to investments and corporate transactions.

    Our advice extends across all avenues of dispute resolution, including litigation and arbitration and across diverse sectors such as banking and finance, corporate, employment and pensions, employee benefits, Education, Environment, financial services, group litigation, real estate, restructuring and insolvency, Infrastructure, Logistics, Intellectual Property, succession, Trusts and private client matters.

    ELA’s lawyers have rich experience in cross border and domestic disputes before the full range of courts and tribunals in the country. Our lawyers are trained to work efficiently within the firm to provide accurate legal representation to our clients in regulatory matters, corporates, and commercial disputes. Our insistence is to align our litigation strategy with the commercial interests of our clients.

    Our team has been recognized for its in-depth experience and creativity in handling a wide spectrum of disputes for our clients in courts and tribunals, including representing clients in diverse alternate dispute resolutions.

    It is widely known that dispute resolution in India can be a lengthy affair in terms of a period of time. With its acute sense of local jurisdictional variations, our team has the ability to move swiftly and make each hearing effective, so that our clients’ goals remain intact throughout the entire process. While we appreciate a commercial determination to pursue legal remedies, we are realistic in our approach and understand the need to balance financial exposure against other interests.

    We work out a dispute resolution strategy in close coordination with our clients, aiming to resolve disputes as quickly and as cost effectively as possible. Our drafting is done in-house, keeping in mind the best interest of our clients while articulately putting forth their case. Our team works effectively with other law/consulting firms to deliver impeccable solutions.

    Our Litigation Services include:

    Representation in various courts and tribunals, including:

    • The Supreme Court of India
    • High Courts Nationwide
    • District Courts
    • National Company Law Tribunal and Appellate Tribunal
    • National Green Tribunal
    • Consumer Fora
    • Debt Recovery Tribunals and Appellate Tribunals
    • SEBI and SEBI Appellate Tribunal
    • Tax Tribunals

    Strategic legal advice on drafting and representation in a variety of litigation, including

    – Shareholder disputes.

    – Contractual disputes.

    – Real estate disputes.

    – Intellectual Property disputes, including prosecution and enforcement of rights.

    – Litigation pertaining to constitutional matters.

    – Insolvency and bankruptcy litigation.

    – Trust litigation.

    – Regulatory litigation.

    – Tax disputes.

    – Debt recovery

    Our Alternative Dispute Resolution services include:

    • Formulating strategy.
    • Assistance in seeking urgent interim reliefs from courts and tribunals.
    • Documentation and representation in commercial arbitration.
    • Assistance in mediation and settlement processes between parties.
    • Assistance in setting aside or execution of Awards.
  • Insolvency and Restructuring Practice

    ELA has a sizeable Insolvency and restructuring practice, which has been involved in various high value and complex corporate restructuring litigation. We leverage our experience across numerous practice areas to identify key issues arising in restructuring advisory, addressing concerns of all interested parties. We represent lenders and investors on a wide range of issues including exit strategies, refinancing, debt restructuring and investment in distressed assets.

    Our lawyers have significant experience in restructuring, having had the opportunity to work on many diverse matters. Our early cautionary advice has helped maximize results for all stakeholders and has in the process, established ELA as a trustworthy partner to its clients. Our detailed and comprehensive strategies address a wide range of issues that are faced during restructuring by underperforming or distressed companies in the private and public sector.

    We sink our experience in various practices to deliver comprehensive and seamless legal services to our clients. We are recognized by our clients for being thorough in our approach to investigations and pragmatic in our strategy towards litigation and asset recovery.

    We advise not only formal restructuring but also informal restructuring. Our clients include investors, lenders, banks as well as corporate directors and trustees.

    Our Restructuring & Insolvency practice includes:

    Formal Restructuring –

    Advice and assistance in implementing restructuring through the formal court or tribunal process, including the formulation of strategies in line with the prevalent legal, regulatory and policy framework, preparation of schemes, and legal representation in courts and tribunals.

    Advice on the Insolvency and Bankruptcy Code, 2016 including the restructuring and insolvency process contemplated therein. The advice in structuring and the legal and regulatory options and potential benefits of restructuring.

    Advice and assistance in drafting, negotiating and finalizing relevant transaction documents, including applications, petitions, and resolutions.

    Informal Restructuring

    Advice on informal restructuring driven by lenders under the regulatory framework of the Reserve Bank of India, including Corporate Debt Restructuring (CDR), Joint Lenders Forum (JLF), Strategic Debt Restructuring (SDR), Scheme for Sustainable Structuring of Assets (S4A) etc.

    Advice to Directors and Key Managerial Personnel

    Advice and assistance to directors and key managerial personnel on their liabilities and obligations arising out of restructuring and formal and informal insolvency processes.

    Enforcement of Security

    Advice and assistance in enforcing and implementing security mechanisms available to lenders under the legal, regulatory and policy framework, including the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and the Insolvency and Bankruptcy Code, 2016.

    Strategy and advice on various modes of security enforcement, including enforcement action(s) as per the requirements of the client.

    Liquidation

    Advice and assistance in the liquidation process available to debtors under the legal, regulatory and policy framework, including the Companies Act, 2013 and the Insolvency and Bankruptcy Code, 2016.

  • Banking and Finance

    Our Banking and Finance practice is the fastest growing amongst our other practice areas. Our clients include private sector banks, non-banking financial companies, SME clients, Large business houses and HNI’s. We have gained recognition for working through complicated deals without taking its eyes off the commercial and business objectives of its clients. With globalization, consolidation, and diversification of the financial industry, the banking and finance sector in India has become robust and increasingly complex.

    As this sector has witnessed rapid and wide-ranging reforms, we have a deep legal understanding of the regulatory issues, on account of which we offer realistic and timely solutions to our clients. Having worked closely with both lenders and borrowers, we have a unique view of the market and are equipped to tackle complex issues which require a blend of a range of products, including financing, securitization, restructuring, and advisory.

    We offer a comprehensive service portfolio to lenders, borrowers, advisers, and other intermediaries. We have acted on behalf of banks, NBFCs, corporate borrowers and sponsors, advising on, among other things, debt restructuring and recovery. We are uniquely positioned to support the banking, corporate and cross-border requirements of each of our clients and ensure client transactions are successfully concluded by assisting clients in obtaining the required governmental authorizations, approvals and registrations through close coordination with government authorities and regulatory bodies.

  • White Collar Crime

    We offer exceptional skills in dealing with white collar crime issues. We regularly advise clients, including corporates, private equity investors and HNI’s on matters pertaining to anti-corruption and ethical practices.

    Our work includes assisting in the investigation, pre-investment due diligence on a target entity and its promoters, advising clients on framing policies for companies, conducting compliance workshops and advising clients on other contentious matters (including litigation). Our experience allows us to counsel clients on strategic issues such as corrective actions and voluntary disclosures.

    Our diverse exposure enables us to advise on complex criminal matters which require a very high degree of exposure in anti-trust, money laundering, corruption, bribery and similar offenses from the Trial Courts up till the Supreme Court.

    We help clients conduct internal audits and create appropriate risk and mitigation strategies. We assist clients in meaningfully participating in investigations by government’s investigative or regulatory agencies and defending them before various courts, tribunals, commissions and other quasi-judicial bodies.

    Our lawyers carry out an early analysis of the risk involved, which is valuable while thinking through various legal options, including seeking anticipatory bail, quashing of FIR, etc. As the Local court practices, court schedules, etc. are not uniform, we help in pre-planning and pre strategizing the same well in advance. we analyze all available options/solutions, keeping in view the long term impact of such choices on the trial proceedings.

    We advise clients in relation to the following:

    Investigations by government agencies such as the Central Bureau of Investigation, Enforcement Directorate, Serious Fraud Investigation, Office and local police.We help in Conducting Criminal trials and appellate proceedings before courts. We advise clients in Corporate investigations and general advisory in relation to wrongdoings attributed to senior-most management, proceedings to protect personal liberty, blacklisting proceedings and cancellation of contracts.

  • Real Estate

    We have experience in all aspects of property law including real estate acquisition for the purposes of residential/commercial development, townships, affordable housing, healthcare, education, information technology / industrial parks, etc., investments/financing in the real estate sector and dispute resolution services. We act for developers, property owners, government entities/agencies, corporate houses, warehousing and logistics companies, domestic funds/lenders, investors, contractors, landlords, and tenants.

    Our experience extends not only to traditional real estate but also to its practice of modern day commercial real estate. Our firm has won the trust of its clients by offering end-to-end innovative and solution-based advice within an established timeframe.

    Whether our clients are desirous of acquiring or disposing of real estate, making investments, raising capital, implementing a development project or asserting their rights before a court of law, we work in coordination with the client’s in-house team, to ensure that our clients’ commercial goals are protected.

    The firm comes with far-reaching experience in the construction and development of residential and commercial complexes and our range of legal services to the sector extends to a corporate advisory.

    We are able to respond to complex situations with speedy and creative solutions that are demanded in today’s highly competitive and rapidly changing real estate environment. We advise clients on the title of properties, lending/borrowing for real estate development and investments.

  • Education

    Our education Practice is dedicated to the unique requirements and challenges of educational institutions and companies developing products and services in this sector.

    We support our clients in a broad range of areas, including regulatory, corporate and securities, litigation, emerging growth companies, privacy and licensing.

    Over the years, we have gained in-depth experience and have domain expertise to deal with the unique requirements and challenges of educational institutions and companies developing products and services in this sector.

    ELA has over the years done extensive work in the education sector. We are a trusted advisor to clients in the following education sectors:

    Higher and Technical Education, distance education regulatory matters, education finance education employment and education real estate

  • Tax Litigation in India

    At ELA, we understand the complexities of Indian tax law and the need for every business to have an effective tax management system to ensure commercial success.

    We understand that mergers and acquisitions, investments and project finance all have a tax component and associated risks that need to be addressed in a transaction and we provide assistance in relation to the same, where necessary. We understand local tax laws as well the international tax regime in relation to direct tax as well as with regard to their businesses at home and in foreign jurisdictions.

    We work closely with our clients to understand their businesses in India and overseas so that we are able to build an efficient tax management model.

    We serve a diverse client base, ranging from corporates and domestic conglomerates to partnership firms and high net-worth individuals. We regularly advise clients on all tax-related aspects of corporate, commercial and financial transactions and provide tax representation and tax litigation services at various fora.

    We advise on Tax litigation as it is a critical risk and requires careful planning. India has a well-set assessment and appeals process which provides opportunities to present a case at multiple levels starting from assessment by tax officers up to the Supreme Court of India.

    We formulate tax strategies, planning, and representation for our clients from the very outset. We help our clients in preparing appropriate documentation, maintaining accurate records and understanding the requirement of law.

    How we assist clients?

    We advise clients in relation to the following:

    ▪ Advisory at the time of transaction structuring and at later stages.

    ▪ Representing in assessment and other proceedings before appellate authorities.

    ▪ Representing clients for obtaining ‘nil’/ ‘lower’ withholding tax orders

    ▪ Advising with respect to appropriate strategies to be adopted at the time of litigation

    ▪ Engaging with Senior Counsels, when required

    Our Tax services include:

    Direct Tax Advisory –

    • Advice on tax efficient strategies for inbound and outbound investment with respect to entry and exit of investors.
    • Advice on tax efficient options to repatriate money out of India.
    • Advice on and mitigation of tax costs for foreign companies doing business with India or having a presence in India.
    • Advice on withholding tax implications on residents and non-residents.
    • Tax planning for real estate projects, including joint development agreements, township projects etc.

    Regulatory and Compliance Support:

    • Conducting studies to ensure compliance with prevalent tax provisions.
    • Representation before the revenue authorities.
    • Assistance in appeal proceedings before appellate authorities.
    • Representation before the Settlement Commission.
    • Tax litigation support.

    Litigation and representation: Direct Tax

    • Representation before the Revenue authorities.
    • Representation in appeal proceedings before Appellate authorities including Income Tax Appellate Tribunals (ITAT), High Courts and Supreme Court.
    • Representation before High Courts.
    • Representation before Settlement Commission and Dispute Resolution Panel (DRP).
  • Employment

    Our Employment Practice is diverse for providing corporations with specialized advice on employment laws in India. We advise clients on a variety of issues relating to Indian employment laws. Our advice includes non-compete agreements, conducting investigations, managing whistleblower and sexual harassments complaints, statutory compliances, including social security contributions, employee benefits including maternity benefits, statutory bonus and other liabilities, labour disputes, employee claims, social security legislation in India, employee transfers, disciplinary enquiries, union-related matters and comprehensive local law advice on compliances and registrations.

    ELA’s Employment practice is adept at handling all labor and employment-related matters. We also assist and advise clients in sensitive terminations, which include developing strategy and documentation for separation or exit of senior management personnel and other employees. When advising our clients, we look to ensure that they have the benefit of our perspective on the issues at hand, both from a statutory as well as a practical and strategic perspective.

  • Infrastructure

    ELA has a diverse infrastructure practice, with an overall understanding of the challenges involved in this sector. We work closely with sponsors, developers, governments, banks, contractors, consultants, and other market participants to advise on a range of areas such as equipment procurement, construction arrangements, and PPP projects. We also offer advice on a dispute relating to credit facilities, including project and equipment finance.

    Our experience in providing incisive advice on government and private partnerships and investments has helped ELA in achieving a formidable presence in this very dynamic sector. We help clients identify potential risks in financing projects and identify appropriate structures to mitigate those risks. We have an in-depth understanding of the challenges involved in conceiving a project, constructing it and taking it to commercial operation. This has contributed to our reputation of getting to the heart of the most complex issues, focusing on strategy and minimizing execution risk.

  • Logistics

    ELA has advised clients on all spectrums relating to the industry, including contractual regulatory and legal issues of the value chain, commercial, policy, as well as services such as transportation and warehousing. We provide advice on all legal issues in the development and operations of projects, financing, regulatory issues before various regulators. We have been regularly engaged in dispute resolution including arbitration, litigation, and representation before sector regulators.

  • Succession Planning, Trusts & Private Client

    Our Succession Planning, Trusts & Private Client Practice encompasses experience pertaining to trusts, taxation, wills and other testamentary instruments, relevant regulatory frameworks, corporate and securities laws and dispute resolution. The practice draws from the Firm’s expertise in other areas of practice, including real estate, intellectual property, and litigation, depending on the client’s requirements.

    We provide advice to a range of clients, including promoters of corporates, Indian families, high net-worth individuals, trustees, and family run partnership firms with respect to their private client needs. We advise clients on drafting family arrangements, partition deeds, the creation of trusts, filing testamentary matters and drafting wills. We understand the vital importance that core family values provide in building a robust institution.

    We regularly advise HNI’s and large family offices to set up trusts for ring-fencing their assets from potential creditor claims as well as to ensure that these assets are passed on to the later generations in a hassle-free manner, as globally, trusts have been used as a tool to protect assets from the rigors of estate duty/inheritance tax as well.

  • Environment

    As more and more corporates become aware of the environmental impact of their activities, this legal sector is gaining momentum and ELA is a formidable name.

    We provide overall legal and regulatory support on various agreements, obtaining government and RBI approvals and also represents clients before various statutory authorities, regulators and National Green Tribunal established under environmental laws of India. ELA provides legal services at all stages of the value chain in the sector-across the spectrum of policy, regulatory and legal issues.  

    We provide specialized dispute resolution and policy advice to various stakeholders. On the advisory side, ELA has advised clients with respect to land acquisition and related documents, regulatory clearances, permits, and consents. On the litigation side, ELA has represented clients in matters concerning tariffs and contractual disputes.

  • Non-Government Organisation

    At ELA, we recognize that with our success as lawyers comes an obligation to give back to the community and those less fortunate. We encourage our lawyers and staff to participate in Pro Bono, charities and another community service. Each of our lawyers and paralegals participates in the provision of Pro Bono legal services to those in need.  

    As we have grown, we have continued our tradition of giving back to the community, with our lawyers regularly appearing in court for those who are unable to afford legal counsel. We also support numerous causes through community service and charitable giving by our firm and its individual lawyers. The causes we have served fall into many categories, including public education, socio-economic, environmental, religious and historical. We give back in several ways including through an active pro bono program; financial assistance to several deserving causes and by rolling up our sleeves and physically working on community projects apart from pro bono legal advice.

    We have a long-standing tradition of representation of not for profit and voluntary organizations. The groups we have acted for include those organized on local and national levels, and including humanitarian functions, bringing citizen concerns to Governments, advocating and monitoring policies, human rights, and environment and health.

    ELA has rendered advice to organizations engaged in the voluntary sector, which includes advising on the appropriate structures for the setting up of voluntary organizations, trusts, societies and not for profit companies. In the last 11 years, our founder has been a part of, numerous Public Interest Litigations (PIL), both on the civil as well as on the criminal side, which have been path-breaking assignments as the same were extremely complex and sensitive in nature. When it came to its execution and achieving the yield results, we have earned a distinguishing name and reputation in this Practice Area.

  • Intellectual Property

    In our Intellectual Property practice, we assist clients in prosecution, advisory, enforcement, non-contentious transactional work and contentious litigation, involving all forms of intellectual property including patents (including drafting and filing patent specifications in all disciplines of science and technology/engineering in collaboration with an external IP Attorney), trademarks, copyright, designs, plant varieties, geographical indications and domain names. We advise clients on a variety of intellectual property agreements involving trademark licensing and assignment, distribution agreements, and IP related aspects of franchising transactions in collaboration with an external IP Attorney. We also assist in conducting legal due diligence on the portfolio of patents, trademarks, and copyright works.

    ELA provides comprehensive legal services pertaining to Intellectual Property. Our support extends to transaction assistance, prosecution, and litigation related to areas that directly or indirectly touch upon IPR. These include trademarks, copyrights, patents, designs, trade secrets, domain names; anti-counterfeiting, infringement; publicity and celebrity rights; cyber and computer law; advertising and media law among others, in collaboration with an external IP Attorney. ELA also undertakes forensic audits of IPRs in collaboration with an external IP Attorney.

    In collaboration with an external IP Attorney, our Intellectual property practice covers –

    • Assistance in identifying, protecting and leveraging business-critical IP assets, thereby increasing their valuation and ensuring their protection and efficient exploitation.
    • Registration and prosecution of Trademarks, Designs, Copyright, Geographical Indications.
    • Assistance in negotiating transaction documents.
    • Managing Trademark portfolios.
    • Intellectual Property due diligence and brand audits.
    • Licensing and assignment of Intellectual Property.
    • Strategy for the creation of a bouquet of IP rights for the protection of clients’ intellectual output.
    • IP litigation covering the gamut of Intellectual Property Rights before courts and specialized tribunals in India.
    • Advice on offering IP as security.

Ethos Legal Alliance Arcadia Building, 805, Nariman Point, Mumbai, Maharashtra 400021 | contact@ethoslegalalliance.com | +91 (22) 2204-5599 – Main Office | +91 (22) 2204-8899

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