PRACTICE

AREAS

“I think the first duty of society is justice.”   – Alexander Hamilton

“Right… is the child of law.”

       Jeremy Bentham

   “Our reason is our law.”
  Milton: Paradise Lost

“Come now, and let us reason together”

     The Song of Solomon; Isaiah

"You must pay taxes. But there’s no law         that says you gotta leave a tip."

   Morgan Stanley advertisement

Arbitration 

 

We have experience in arbitrating complex cases under all institutional arbitration rules and laws. We have also done ad hoc arbitrations not tied to any institutional rules. We have experience in International commercial arbitration as well as domestic arbitration. We have also done investment treaty arbitrations. We represent companies, state-owned entities and individuals.

 

Bankruptcy & Restructuring 

 

We represent private firms, banks and hedge funds seeking to maximize their recoveries in bankruptcy and insolvency proceedings, contentious out of court settlements and distressed asset sales. We also represent statutory committees of creditors in NCLT cases where litigation and threats of litigation drive ultimate recoveries. We represent debtors, administrators and liquidators in contentious insolvency proceedings getting maximum value through global compromises. We also offer our clients a full range of recovery options through insolvency related litigation.

 

Class Action Litigation 

 

We have extensive knowledge of the procedural and litigation dynamics unique to class actions. We have represented clients in class actions in every sector and in multiple jurisdictions. Our class action experience spans almost every major industry, including banking and financial services, entertainment, telecommunications, medical services, defense contracting, insurance, manufacturing and buyer-builder disputes. 

 

Construction Litigation 

 

We have unparalleled experience in high value and technically complex construction disputes. Every construction project is different, as is every construction dispute. We have a team of construction specialists that have detailed knowledge of the construction industry. Thus, we are extremely adept with the technical details of construction cases. What sets us apart is our ability to go to site offices as well as our in-depth understanding of a project and our client’s objectives.

 

Competition Disputes

 

At Peritia Law Chambers we combine our unique experience, capabilities and resources to successfully try competition disputes in India. We have litigated competition matters across a full range of industries. We also represent clients who are the victims of anticompetitive conduct before competition authorities. 

 

Crisis Management 

 

We believe in being extraordinary both in and out of the Courtroom. Litigation is one part of a larger crisis and we at Peritia realize that all the pieces need to be managed together as a whole. That means we even manage the “trial by media” so you don’t lose your reputation and your business before you even set foot in the Courtroom. We effectively communicate with mainstream media, trade press, bloggers and other influencers. We have a proactive, multi-pronged approach that allows you to take back control of the situation.

Employment Litigation 

 

We represent employers in both class actions and cases brought by individual plaintiffs. We realize that sometimes our clients’ best interests are served by settling cases which is why we lay a foundation that enables us to reach favorable settlements for our clients. We also preempt labour disputes by setting Corporate Management Systems in Factories.

 

Energy Sector Disputes 

 

Energy sector disputes entail complex technical, contractual, political and regulatory aspects. The energy sector is capital intensive and highly specialized. Furthermore, the energy sector is heavily regulated. Regulation spans from exploration, development and commercialization phases (extractive industry), to transportation and supply. Regulation is extremely important in this sector as it is, by and large, subsidized by governments. Thus, this sector is directly dependent on the government and governments tend to change the rules of the game depending on their own needs. Our strategies are based on a full understanding of the technical issues. We represent energy clients in disputes over patents, environmental claims and investigations, regulatory, contract, taxation, price review and commercial claim issues in court cases, regulatory proceedings and arbitrations.

Environmental Litigation 

 

More and more companies are at risk for criminal penalties and civil damages arising from environmental issues such as waste disposal, air emissions, underground storage tanks & other environmental law issues. Peritia brings a broad range of experience to address the unique problems companies face in environmental litigation. We have extensive experience in both civil and criminal environmental litigation. 

 

Government Litigation 

 

We bring expertise & courtroom skills in litigating against the government. We are adept with complex statutory and regulatory schemes. We have convinced government regulators to back down in the past. We have successfully challenged adverse government actions and laws, defended clients against enforcements actions, litigated alongside the government and even represented the government itself. Peritia has an experienced blend of knowledge along with general litigation expertise. We understand the multiple substantive issues that arise out of doing business with the government. We have substantial expertise in government accounting, cost allowability, defective pricing, bid protests, debarment and suspension, contract terminations and contract changes. Our experience also covers all key industry sectors including but not limited to defense, banking and finance, construction, hospitality and health care. 

 

Health Care Litigation 

 

We call ourselves investigative litigators. We have litigated cases in every context of healthcare, such as individual physicians and hospitals involved in direct provision of services to patients, drug manufacturers marketing products to doctors and wholesalers and diagnostic testing companies that provide services to various end-users. We represent industry leaders and individuals as well as small and emerging companies and organizations. Many of our matters involve a significant overlap of criminal and civil litigation. We provide strategic planning to navigate all issues effectively. 

 

Insurance Litigation

 

We have litigated all types of insurance coverage claims and matters. Our lawyers have consistently achieved recoveries far exceeding fees paid. In many cases, we have obtained favorable resolutions for our clients before the commencement of litigation. 

 

Intellectual Property Litigation 

 

We have successfully defended against claims of copyright infringement and prevented injunctions from being entered. Our engagements also include employee movement between competitors. Because of the relative ease with which technology and information can be transferred, misappropriation of confidential information is a constant threat.  Our IP Litigation includes Patent Litigation, Copyright Litigation, Trademark and Unfair Competition. The Unfair Competition Act, 2011 implemented in the US is a statue that aims to deter unfair competition by penalizing manufacturers who use stolen Information Technology in the design, manufacture, distribution, marketing or sale of their products. The statute aims to support the interests of the manufacturers who suffered economic harm as a result of being in direct competition with cheaper products manufactured using stolen IT. Persons who pirate software or use stolen IT are also punishable under the Indian legal system. Section 63-B of the Indian Copyright Act, 1957 provides for financial penalty in the range of Rs.50,000 to Rs. 2,00,000 and prescribes imprisonment terms ranging from a week to three years. The Indian Penal Code, 1860 also prescribes penal liability for selling counterfeited software to the public as genuine software. However, with the advent of the UCA, Indian manufacturers can be held liable by the US courts as well.

 

Litigation - Civil and Criminal

 

We offer more than mere technical regulatory advice. We focus on getting the best resolutions as quickly as possible. We have experience in litigation arising from investment strategies, distressed investment scenarios including insolvency and restructuring, market manipulation and other complex financial disputes.  

 

 

 

Media & Entertainment Litigation

 

We have tried and arbitrated cases involving claims in areas such as breach of contract, copyright, trademark, idea theft, defamation and free speech. Due to the small size of this industry we also provide alternatives to litigation because that is often in the long term interests of our clients. 

 

Mergers & Acquisitions 

 

We represent a diverse array of clients of all sizes and industries including large companies, investment funds, large corporate stockholders, individual officers and directors, lenders and startups. In addition to courtroom tactics, we advise clients on strategies to avoid litigation & negotiate successful results even before filing a lawsuit.  We work side-by-side with our clients to develop their ideal strategies. Our extensive experience litigating transaction-related disputes includes leveraged buy-outs, restructuring and complex M&A transactions.

 

 

Original Practice

Our appellate experience spans across copyright, patent, trademark and trade secret law to anti-competitive, arbitration, banking and finance, commercial contracts, insurance, media, securities, bankruptcy and criminal defense. 

 

 

Real Estate Litigation 

 

Peritia has successfully litigated, tried and arbitrated a wide range of real estate disputes in India. We also have experience in title disputes, land disputes, commercial leases, insurance claims, real estate class actions, real estate partnership disputes, specific performance actions and real estate insolvency proceedings.

 

Regulatory Litigation

Peritia’s Regulatory litigation includes regulatory & administrative bodies like SEBI (Securities and exchange board of India), TDSAT (Telecom dispute settlement and appellate tribunal) and ITAT (Income tax appellate tribunal) CCI (Competition commission of India) NCLT (National company law tribunal) DRT (Debt Recovery Tribunal). SEBI deals with investment laws, NCLT deals with Companies Act, CCI deals with Competition Act, TDSAT deals with the Telecom laws and ITAT deals with Tax laws. Peritia has an in-depth understanding of the legal principles, policy implications and practical issues affecting agency conduct which is critical when navigating these complex laws. Our reputation for advising and representing clients in the most complex investigations and enforcement actions is outstanding. We assist our clients from the first call of the regulator to the information gathering processes, making representations to the Committees as well as trying cases in the different Tribunals and beyond.  Where appropriate, we negotiate settlements and craft redress and remediation solutions for our clients.

Securities Litigation 

 

Securities cases involve long, complex hearings on requests for injunctions and other preliminary relief. Our trial strategies lead to cutting down litigation time in these proceedings.

 

 

Strategy & Litigation 

 

In Peritia’s experience if strategic considerations are disregarded, a small case has the potential to turn into a big headache. To preempt such headaches we incorporate an early strategy session and continue our strategic assessment during the pendency of the case. One of our key strategic considerations is to look at recurring issues and craft a long term strategy. Instead of taking our clients through protracted litigation we often strategize quick and confidential settlements taking all factors into account. Sometimes parties with a long-term business relationship have an equal interest in saving the business relationship notwithstanding the dispute. We believe that the best way to settle a case is to prepare for litigation using a multi dimensional approach which includes envisioning win win situations whenever possible. Because we understand relationships.

Tax Disputes 

 

Tax authorities have become more aggressive in targeting corporates, multi-nationals and high net worth individuals with tax-related issues. Our areas of expertise include risk assessment and implementation of strategic measures, tax audits and investigations, advice in contemplation of litigation and negotiations with tax authorities, tax appeals and judicial reviews and tax-related disputes under Bilateral Investment Treaties. We advise taxpayers, both corporates and individuals, on strategies to deal with tax authorities to manage tax controversies.