TMT Law Practice

ABOUT OUR FIRM

TMT Law Practice is a mid-size law firm offering a wide array of services in the Technology, Media and Telecommunications sectors. The firm’s services include practice area offerings such as Intellectual Property, Dispute Resolution & Arbitration (including White Collar Crimes), Regulatory Litigation & Advisory, Corporate/Commercial and Transactional support in Mergers & Acquisitions, Private Equity and Venture Capital transactions, Competition Law, Insolvency & Bankruptcy, Employment Law. We also provide Policy and Legislative support across industry verticals. The Firm represents a broad range of clients including Fortune 500 companies, Small & Medium Enterprises (SMEs) and Start-ups.

While the firm engages in the practice of the conventional domains of law, it is also heavily invested in the niche, emerging areas of practice including Technology, Space and Aviation; Pharma, Life Sciences and Healthcare; Data Privacy and Protection; Sports; E-commerce and Cybersecurity; IoT and AI; FinTech, HealthTech and AgriTech.

Abhishek Malhotra, the Founding Partner of the firm, graduated from National Law School India University, Bangalore. He went onto earn an LLM degree from the Franklin Pierce School of Law, USA and was admitted to the Bar in the State of California. Since then, he has gathered two and a half decades of experience in India, with expertise in Intellectual Property, TMT, Regulatory Litigation & Advisory as well as Commercial Disputes. The other partners include Sapna Chaurasia who leads the Disputes vertical in Mumbai; Sanjay Kumar, the practice lead for the Pharma, Life Sciences and Healthcare practice; Rajeev Parashar leads the Corporate/Commercial and Transactional practice of the firm; Meghana Chandorkar is the Media & Entertainment transactional practice lead; Aahna Mehrotra Leads the Sports & Gaming and Entertainment verticals; Bagmisikha Puhan leads the Technology and Digital Healthcare space along with the Data Protection practice of the Firm. Anuradha Singh is an Associate Partner who has recently joined the firm and leads the Telecom and Information Technology practice segment of the Firm. Anushree Yewale is an Associate Partner who, along with Meghana, leads the largest industry verticals for the firm's Media Practice. Harsh Buch is an Associate Partner who leads litigation practice in Delhi. We also rely upon our network of Of Counsel, Deepak Biswas for the Banking & Finance, Energy and power, Insolvency and Employment Laws and Ricab Chand, who takes care of the Disputes Practice.

The Firm stresses on developing well-rounded, solution-oriented professionals, who specialise in client-focused service delivery.

OUR SPECIALIST SECTORS

We represent clients across the following Specialist Sectors:

• MEDIA & ENTERTAINMENT

The entire spectrum of the Media and Entertainment industry, including OTT, Television, Films, Radio, Music, Print, Events, Fashion and Art. The Firm works with domestic as well as international clients in rendering advisory, support and litigation services which are peculiar to the media and entertainment sector. The Firm’s lawyers have worked as in-house counsels at Media companies, and hence offer sector-centric expertise. The Firm represents industry associations across the film, television, events and radio domains. Lawyers at TMT Law Practice have advised on end-to-end production agreements and negotiations; broadcasting regulatory issues at the Supreme Court of India and the TDSAT; Liability of OTT platforms and News channels arising out of Intermediary Guidelines, 2021; cross-border M&A; precedent-setting litigation, especially in the music licensing domain; and the like.

• SPORTS & GAMING

The Sports & Gaming sector, where our lawyers have been at the forefront of delivering solutions to National Sports Federations, League Owners of Professional Leagues, Sports Management Companies, Sportspersons and Broadcasters. Sports is an emerging area of practice in the country, both from the business as well as the legal standpoint. Our lawyers, however, have been at the forefront of discharging quality legal advice to this nascent practice area. In addition to the advisory services, our lawyers have created a large body of work in terms of developing the legal structure, including through policy / regulatory intervention. The Firm has also been at the forefront of advising on legality and operational aspects of fantasy sports, e-sports and Real Money Gaming.

• TECHNOLOGY

A wide variety of Technology industries, such as Fintech, E-commerce, Intermediaries, Digital Healthcare & Pharmaceuticals, Unmanned Aerial Vehicles, Artificial Intelligence, Data Protection & Cybersecurity, Commercial Space, AgriTech and Information Technology & IT Enabled Services.

• DATA PRIVACY

With a volatile regulatory environment around information technology and Data Privacy in the country, the industry-wide feeling of vulnerability vis-à-vis alignment of their operations with the regulatory frameworks of several jurisdictions is real. Our team of lawyers is efficiently bridging the gap, by constantly interacting with the government representatives through think tanks on policy and regulatory issues. Our lawyers have experience in assisting in-house teams to implement the GDPR. We have rendered opinions on the domestic data privacy and protection requirements and have also represented clients in landmark cases pertaining to the right to privacy, which in turn sparked the debate around need for data privacy and data protection laws in the country. We have advised multiple businesses on compliance with the applicable data privacy and protection laws, along with focus on delivery of handholding solutions for implementation of the privacy measures at an enterprise level.

• FINTECH

The Firm has worked with several start-ups as well as larger companies in navigating through the regulatory landscape of the FinTech sector in the country. As the sector is one of the most heavily regulated, and is a high-at-risk sector, the lawyers at the Firm have always believed in providing a handholding exercise to the clients, enabling them to implement the legal compliance requirements without any internal or external resistance.

• HEALTHCARE, PHARMACEUTICALS AND LIFE SCIENCES

Our healthcare, pharmaceuticals, and life sciences (HPLS) team advises across the practice areas like product development and brand protection, product liability and complex disputes, Drug Price Control, advertising and marketing, clinical trials, competition and trade, commercial agreements, data privacy, employment issues, and market entry. In addition to our substantive experience, our lawyers have diverse backgrounds – with employment histories ranging from government services to in-house industry positions. We provide our services, keeping reputational risk in mind.

We advise clients throughout a product’s life cycle to facilitate efficient research and development, and successful launch and commercialization, as well as to maximise the product’s franchise; this approach integrates regulatory and marketing strategies and patent and trademark protection. The Firm provides a full range of transactional and advisory services to pharmaceutical, biotechnology, medical device and agricultural companies in India and abroad. Our clients include many of the major national and multinational pharmaceutical companies as well as a wide array of biotechnology, diagnostic and medical device companies, ranging from start-up ventures to industry leaders.

Along with our Litigation, Regulatory and general advisory work, we assist pharmaceutical / medical device companies in their corporate transactional work ranging from taking them public; Mergers & Acquisitions; creation of licensing agreements; and from Employment related issues to Real Estate matters. Having worked with the NITI Aayog on the Telemedicine Practice Guidelines, 2020, and also leading the regulatory and policy conversations in relation to the Digital Healthcare and pharmaceutical sector, we are recognized as the go-to firm for issues that have arisen with the digital healthcare push by Government and industry alike. The attorneys at TMT Law Practice not only have extensive litigation experience in these areas but also have a keen understanding of the key requirements and concerns around clinical trials, liability, and insurance.

Our attorneys constantly engage with industry associations like Telemedicine Society of India, the Indian Society for Clinical Research, NASSCOM – LHIF, CII, FICCI in terms of realizing the industry goals and assist these associations in thought leadership and making formal representations to governmental and intergovernmental bodies, alike. Apart from this, our attorneys also assist not-for-profit organizations like Mohan Foundation, in matters related to end-of-life care, and organ transplantation.

• TELECOMMUNICATIONS

The dynamic Telecommunications sector and service providers therein, especially Telecom, Satellite, Commercial Space, In-Flight and Maritime Connectivity, VNO, and the like has made this sector one of the most challenging and demanding one. Our Telecom practice team endeavors to provide the most comprehensive coverage of the full range of issues in the sector. The team with its unique approach and understanding of the issues that lie at the intersection of technology, business, and the law, advise clients on a range of issues covering regulatory and commercial advice, legal and policy advice, negotiate transactions, contract compliance and approvals, dispute resolution etc. The Firm has worked with both domestic as well as overseas players in rendering advisory, support and handholding services specific to the nascent commercial space sector. The Firm has worked with international satellite operators and service providers, in advising them on their new service offerings, their negotiations with DTH service providers and other “consumers” of satellite services; and on making representations to the Directorate General of Civil Aviation, Ministry of Civil Aviation, Department of Telecommunications and Telecom Regulatory Authority of India with respect to permissions around in-flight and maritime connectivity, Spacecom Policy, Space Transportation Policy, Remote Sensing Policy, Geospatial Policy and the like.

The team has deep domain-expertise and has advised the entire spectrum of players in these fields – telecom service providers (voice, data, VPN and value-added services) and telecom and broadcast infrastructure entities (including satellites, cable, DTH, MSO, TV etc.); digital media companies, app-based communication services, online and video game developers. The team has significant experience in representing clients, in legal proceedings involving the Indian telecommunications regulator (TRAI) and appellate body, MEITY as well as the various state high courts and the Supreme Court of India on various telecom policy matters. The lawyers at the firm are regularly consulted on regulatory issues surrounding the edge of telecom and technology industry, including 5G, Orbital permissions, cloud infrastructure etc.

• Energy and Power

We advise our clients on issues relating to renewable energy including solar energy and wind energy. We advise our clients on joint venture, joint operation and maintenance agreements, opportunity exploration memorandum of understanding and related agreements. We also advise on regulatory and environmental compliance related to power and energy projects.

(i) Advising project developers, investors, and suppliers & contractors in the energy sector on diverse commercial / transactional issues and all aspects of licensing, market structures, competition, performance standards & tariffs;

(ii) Providing policy advice to governmental & regulatory authorities on issues like development of legal, regulatory & policy frameworks and promotion of Public – Private Partnership;

(iii) Advising on sustainable development issues like clean development mechanism & environmental compliances;

(iv) Handling resolution of disputes in various fora, including appellate tribunal, electricity regulatory commissions and courts and alternate dispute resolution processes

Our lawyers offer an array of services across a variety of Practice Areas, including:

• Corporate, Commercial, Secretarial and M&A

The Firm's corporate and commercial team is unique in leveraging the experience of the Firm's disputes resolution practice to offer practical advice and solutions. We have carved a niche in customizing our offering to suit the needs of different types of clients, including Family Offices, High Net Worth Individuals (HNIs), Medium and Small Enterprises (MSMEs), Start-ups, Limited Liability Partnerships (LLPs), and the like. Our M&A and PE practice has a proven track record of representing clients in investments (financial and strategic) and debt structuring, share and asset acquisition and disposal transactions. We have also effectively represented and assisted investees based out of India (including registered companies, NBFCs and corporate groups), receiving private equity investments in domestic or cross-border deals, with commercial solutions across a variety of industries including gaming, media, software, pharmaceuticals, e-commerce, fintech, education, insurance (including re-insurance companies) and infrastructure. Many of these transactions involved complex and novel structures and are multi-jurisdictional. We have also advised our clients (listed or unlisted, as applicable), with respect to setting up and structing business in India, legal and regulatory implications of the various applicable laws such as companies’ law, trust laws, foreign contributions, partnership and limited partnership matters and compliance under the SEBI takeover regulations and insider trading regulations. Working closely with specialists in the areas of finance, taxation and accounting enables us to add value to any transaction and effectively handle sophisticated transactions of different levels. Within a short span of time, the team has managed to successfully assist clients with negotiations, strategizing exit mechanisms, issues relating to winding up and repatriation of proceeds and drafting of other commercial and corporate documents and conducting due diligence exercises. We are consciously sensitive to the expectations and requirements of our diverse clientele, be it in a cross-border or a domestic deal.

• Intellectual Property

The intellectual property law practice at the Firm encompasses all facets of IP, i.e., patents, trademarks, copyright, designs, trade secrets, right of publicity; and the service offerings  include litigation, prosecution, advisory, enforcement and management of intellectual property rights. Notable matters/representations include, first and only case of fixation of music royalty under a compulsory and statutory licensing regime; first case on Standard Essential Patents; first John Doe order granted by the Courts in India with respect to piracy by cable operators and websites; first case of enforcement of right of publicity by a celebrity; Represent clients in the prosecution and management of IP portfolios in India and overseas. Assist companies in strategizing around transfer of IP from one entity to another, while ensuring the tax structure and benefits inuring in favor of the company remains intact. Assist multinational corporations in structuring, negotiating, and effecting their cross-border IP transmission agreements, with focus on services related to technical know-how, consultancy services and related.

• Dispute Resolution / Arbitration

The Firm’s USP is its dispute resolution practice and specifically, the experience of the lawyers in presenting cases themselves with minimum reliance on Senior Advocates. Our lawyers have experience in a diverse array of subject matters, and yet, have been recognized as leading practitioners in areas of commercial contract and corporate litigation, regulatory litigation, intellectual property, energy, media and entertainment, broadcasting and insolvency. The firm has represented clients in different fora, including the Supreme Court of India and the High Courts across the country, as also various Tribunals, such as the Competition Commission of India, the National Company Law Tribunal and Appellate Tribunal (which now holds additional charge of the Competition Appellate Tribunal), the Telecom Disputes Settlement and Appellate Tribunal, the Intellectual Property Appellate Board, the Appellate Tribunal for Electricity, the National Consumer Disputes Redressal Commission, etc. The firm has extensive experience in appearing for litigations of complex nature and its lawyers have handled various high-profile litigations before different fora across the country.

The Firm is also known for its services in the Alternate Dispute Resolution arena across wide variety of subject-agnostic commercial disputes. During this past year, the firm has: Successfully represented one of India’s leading hotel aggregators in an arbitral award whose value is USD 630 Million. Successfully represented a leading broadcaster in an international commercial arbitration at LCIA for the non-payment of license fee under a cross-border Channel License and Distribution Agreement.  Represented a leading bulk messaging aggregation service provider on a dispute pertaining to recovery of dues. Represented a leading sports franchise owner on a determination of admissibility of an arbitration clause in an inadequately stamped agreement in a dispute with a sponsor.

• Insolvency and Bankruptcy

Our expertise in the banking sector ranges from recovery actions for banks and financial institutions to legal management, restructuring, and reorganization of banking assets and NPAs under the ambit and purview of all extant laws of the country including policies pertaining to the restructuring of non-performing assets including constitution and formation of JLFs. In the process, we have acquired an in-depth knowledge and understanding of the banking sector, the markets, and their legal and regulatory frameworks. The Firm's proficiency in the insurance sector extends to regular coordination with the sector regulator, IRDA, in matters of licenses and major legal compliances for and on behalf of leading insurance companies.

(i) Representing and assisting major foreign as well as Indian banks in corporate lending sector, SMEs as well as the large enterprise sector in recovery proceedings before all applicable and necessary forums, including the High Courts and the Supreme Court of India as well as in other criminal/civil matters pertaining to and arising out of such recovery proceedings.

(ii) Advised and rendered legal opinions on regulatory issues.

(iii) Represented clients in proceedings under the Insolvency and Bankruptcy Code, 2016 simultaneous with or in alternate to (i) recovery proceedings, and (ii) constitution of JLF as well as other restructuring mechanisms under extant RBI guidelines.

(iv) Rendered advisory opinions pertaining to restructuring/reorganizing NPAs for the banks/financial institutions and their onward sale to ARCs or other financial institutions.

• White Collar Crime

The White Collar Crime Practice of the Firm includes not only representation and advice in relation to matters that are initiated or pending before Courts of law or Tribunals, but also representation before investigation authorities such as the Enforcement Directorate, Serious Frauds Investigation Office, Economic Offences Wings of the various States, etc. Our lawyers have experience in advising on matters related to the Prevention of Money Laundering Act, Prevention of Corruption Act, Negotiable Instruments Act, Prevention of Food Adulteration Act, the Official Secrets Act, penal provisions of economic legislations such as Companies Act, Customs Act, GST Act, Public Gambling Act, Prize Competition Act, Information Technology Act, and the like;

• Public Policy & Regulatory Affairs

The political, regulatory, and legal landscape across the globe is posing several challenges to the businesses. We engage with clients closely to understand their business and the specific compliance requirements. It is no longer a ‘free’ world in the true sense if the word. Whether it is protectionism, terrorist threat, commerce, or plain vanilla demonstration of authority, we are now living in an increasingly Regulated world. Inherent in the decision to regulate is also the decision to forbear. In such an environment, we have, over the last 4-5 years, witnessed a sudden spurt in exercise of regulatory powers by the different departments of the Government. The TRAI, DOT, SEBI, DIPP, RBI, MIB, MeITY – have all been busy and have kept the businesses and the citizens equally engaged, both in a participative manner during the consultation process, as also as the beneficiary of the direct consequences of such regulation forbearance. TMT Law Practice is strategically positioned – both geographically (headquartered in the Capital – the nerve center of all policy-regulatory activity), as well as by virtue of having handled advisory as well as litigation work in the regulatory space, across sectors-ministries. Our lawyers are principal advisors to leading Think Tanks, and are often called upon to offer expert advice on matters of current importance by periodicals and the electronic media and have been on committees and working groups that have advised / offered assistance to government departments on critical and cutting-edge issues. 

• Mining

Our team of lawyers have extensive experience in providing legal services and advice to clients within the mining and energy industries. Our lawyers have a wealth of experience in energy and mining areas and have not only practiced relevant legal services, but also have extensive business experience in these areas, enabling us to provide clients with practical business-orientated solutions.

We have undertaken mandates related to litigation and arbitration. The Firm has advised on several mining litigation in relation to tender of long-term lease of minor minerals, as well as breach of compliances with respect to mining leases. We have also represented local NGOs fighting for illegal mining within Eco-sensitive zone of wildlife sanctuaries before the High Court of Odisha. Our resource persons have also been involved in capacity building of different stakeholders in the domain of environment laws and study.

• Competition & Antitrust

The firm has engaged in various matters in the domain of Competition Law since the Competition Act, 2002 came into effect in 2009. We have advised clients on a variety of matters and provided services that have included filing Information/Complaints before the Competition Commission of India (“CCI”), contesting Information/Complaints at the prima facie stage and final stages. We have also assisted clients during the process of investigation before the Director-General, CCI (“DG”). The Firm has also been engaged by clients in the appellate process where we have either appealed against orders passed by the Competition Appellate Tribunal or have defended CCI orders before the Competition Appellate Tribunal or the High Court and the Supreme Court of India. Our lawyers have also advised the CCI as also the office of the DG, on issues of ongoing and current importance to assist with the investigation and / or determination of market dominance. We regularly advise clients on opinions to review agreements/actions from the perspective of compliance of the terms of the Competition Act, 2002, including on issues such as abuse of dominance in the electronics business, broadcasting industry, digital gaming, digital health, sports business, etc.