DMD Advocates

The firm: DMD Advocates is a leading full-service law firm in India with focus on solutions and results through a unique holistic approach that blends its expertise and decades of experience in five core practice areas – litigation and dispute resolution, corporate, taxation (direct and indirect), competition, regulatory,  and intellectual property rights.

The firm is the result of a merger between two established law firms: Dutt & Menon in New Delhi, founded by Ms Anuradha Dutt and Ms Vijayalakshmi Menon and Dunmorr Sett in Mumbai, founded by Ms Fereshte D Sethna.

With close to four decades of extensive multi-sectoral and multi-jurisdictional experience, the firm provides a wide range of legal, regulatory and advisory services to a global clientele, including leading Indian and multinational companies, business groups, banks and financial institutions, public sector undertakings, and some of the most sought after Fortune 100, Fortune 500 and Fortune 1000 companies.

The unique client-focused approach, coupled with a high degree of responsiveness, keeps the firm at the forefront and involved in the country’s headline litigation, arbitration and transactions. An experienced team structure and a pool of more than 75 multi-specialists allow the firm to deliver quality solutions with maximum partner attention and expert advice.

The firm believes in constructive partnership and collaboration, and works as an extension of clients’ in-house legal teams, leveraging its expertise to deliver high-quality legal and business advice. The firm is often called upon to ascertain legal risks, devise legal strategies, structure solutions and resolve conflicts for high-stake matters.

The firm has working relationships with global firms and has been involved in significant international arbitration and transactions. DMD handles cases at renowned arbitration councils including the International Chamber of Commerce (ICC), Indian Council of Arbitration (ICA), London Court of International Arbitration (LCIA), London Maritime Arbitrators’ Association, Permanent Court of Arbitration (PCA) at The Hague, Singapore Mediation Centre (SMC), and Singapore International Arbitration Centre (SIAC). DMD has extensive experience in international arbitrations relating to Bilateral Investment Treaties (BITs).

Additionally, DMD has vast experience in cross-border transactions. DMD has been engaged in launching investment funds internationally, assisting in structuring and closing investments by private equity and venture capital firms in India, assisting with cross-border mergers and acquisitions, helping with corporate restructuring involving global assets, and advising on international project financing and capital markets transactions.

Areas of practice
Litigation and dispute resolution: litigation in courts, forums and tribunals; domestic and international arbitrations; BITs and international treaty arbitration; corporate and commercial litigation; competition; and industrial and employment litigation

International litigation and alternate dispute resolution: cross-border, multi-sectoral litigation; international arbitration, conciliation and mediation; international corporate white-collar crime; forensic investigations; and maritime-based litigation

Corporate and commercial: M&A – domestic and cross-border; capital markets (including IPOs); investment funds (private equity, venture capital and hedge funds); corporate finance; project finance; structured finance (including asset reconstruction companies); banking and NBFCs; joint ventures and foreign investments; insolvency and bankruptcy; corporate re-organisations and restructuring; and international trade.

Taxation: domestic and international taxation (direct and indirect); GST, sales tax, VAT, service tax, customs duties, entry tax, excise duties and stamp duties; tax litigation (direct and indirect); and transfer pricing

Intellectual property: IP litigation; IP advisory and due diligence; commercialization (licensing, assignments and technology transfer); drafting, filing and prosecution of trademark and patent applications; copyright registration; and portfolio management and post registration procedures

Regulatory compliance: Reserve Bank of India; Enforcement Directorate; SEBI; National Green Tribunal; direct and indirect compliance; and enterprise-wide compliance checks

Competition law: Classic Cartels, Big Rigging, Information Exchange, Trade Associations, Leniency, Dawn Raids; Vertical Agreements, Dealing with Disgruntled Trade Partners; Market Analysis, Assessing Dominance and Abuse of Dominant Position; Combinations: Notifiability Analysis, Exemptions, Gun Jumping, Pre-filing Consultations, Pre-merger Notifications, Phase II
Review and Remedies

Real estate: sale and purchase; commercial leases and licenses; conveyancing; property management and maintenance contracts; mortgages; investigations of land title; and advice on structuring real estate investments

Forensics, investigations and due diligence

Labour and employment laws

Trusts and estates

Notable cases
Litigation and alternative dispute resolution

• DMD represents a global multinational conglomerate and its entities in US and Europe in relation to advisory, tax and commercial litigation matters in India and international arbitration.
• DMD has been exclusively representing a global telecommunications group in all their tax related matters in India and bilateral investment treaty arbitrations.
• DMD has represented the Indian operations of a prominent pharmaceuticals companies in a landmark litigation in India.
• DMD has represented a mining conglomerate and its subsidiaries in India, in various litigations.
• DMD has represented a leading software company of a globally renowned group, in a number of litigations, including arbitration and advisory matters.
• DMD is currently representing a public listed company, one of the largest companies engaged in mining of chrome ore and manufacturing of chrome ore alloys in India, in a bilateral investment treaty dispute against the Government of Indonesia.
• DMD has represented domestic and international clients in various LCIA arbitrations, including, arbitrations involving maritime disputes.
• DMD is handling arbitrations relating to exit options of investors.

Corporate

• DMD advised a leading hospitality group in raising a mix of domestic and foreign direct investment of approximately INR 1bn against a minority stake. The transaction also witnessed partial exit of an existing foreign investor.
• DMD advised a Singapore based healthcare service provider in selling its 100% stake in a company engaged in providing clinical laboratory services in UAE.
• DMD advised an American financial and commodity derivative exchange in connection with the acquisition of certain equity stake in an independent commodity exchange based in India.
• DMD advised a multi-national information technology company in its buy back offer of equity shares for an amount aggregating to INR 28793m.
• DMD Advocates advised an Indian engineering company in acquiring a majority stake in an Indian electric two-wheeler start-up for an approximate value of INR 1.55bn.
• DMD advised a leading publisher of educational books in eastern India and its promoters in selling 100% equity stake to one of India’s oldest and largest publishing and education services enterprise. The transaction was one of the largest deals to have been struck in country’s education space.
• DMD advised a British multinational telecommunications conglomerate in relation to amalgamation of two of its Indian entities. DMD also advised on the tax implications involved in the merger transaction and represented the Client before the National Company Law Tribunal (NCLT) to obtain sanction to the Scheme of Arrangement involving amalgamation.
• DMD advised an American multinational conglomerate in relation to restructuring and consolidation of the business carried on by two of its Indian entities through amalgamation. DMD also advised the companies to obtain regulatory clearances from the jurisdictional Registrar of Companies, Official Liquidators and Regional Directors, and Ministry of Corporate Affairs. The firm represented the Client before the jurisdictional benches of NCLT at Delhi and Bengaluru to obtain sanction to the Scheme of Amalgamation.

Taxation

• DMD represents various US, Japanese, European and Indian entities of a global multinational conglomerate in relation to direct and indirect tax matters before tax authorities, tax tribunals, High Courts and the Supreme Court of India.
• DMD has and continues to represent a global telecommunications group in all their significant tax related matters in India.
• The firm is currently handling the biggest (a $4bn) tax dispute in India between a mining conglomerate and the Indian tax authorities.
• DMD has successfully handled diverse tax advisory and litigation matters for a Hong Kong based satellite operator’s operations in India.
• DMD has and continues to provide active tax related litigation, advisory and structuring support in connection with the Indian operations of a global digital transformation company.
• DMD is currently handling a global beverage company’s tax litigation in India and provides tax advisory services from time to time.
• DMD has and continues to successfully represent a provider of technology solutions to the financial world, on their tax relate disputes in India. The firm also provides active tax advisory support in respect of their investments in India.

Regulatory compliances/ competition

• DMD successfully represented a German manufacturer of braking systems before the Competition Commission of India (CCI) in relation to filing of information alleging collusive bidding. The CCI concluded that there was insufficient evidence in spite of identical bids.
• DMD successfully represented a leading Indian manufacturer of brake systems and train lighting alternators before the Competition Appellate Tribunal (COMPAT). The COMPAT overruled the order of the CCI and set aside the penalty of 2% of the average turnover imposed on the Client.
• DMD successfully represented an Indian manufacturer of health products, in relation to allegations with respect to violation of certain sections of the Competition Act, 2002.
• DMD successfully represented an Indian power company alleging abuse of dominance by an Indian state-controlled coal mining company. The CCI found the coal mining company guilty of abuse of dominance under Section 4 of the Act.
• DMD successfully represented a prominent Indian television media company in relation to certain disclosures before the Securities Exchange Board of India (SEBI).
• DMD handled Enforcement Directorate (ED) investigation for a high net-worth individual in connection with a chopper case in India.

Intellectual property rights

• DMD is currently representing a leading hospitality group, which has critically acclaimed multi-award-winning restaurants in India and abroad, in relation to managing its IP portfolios, advising on protection, enforcement and defence of IP assets and also advising on contentious matters related to trademark and copyright laws.
• DMD successfully represented a leading publicly listed company dealing in marine, India Made Indian Liquor (IMIL) and distilleries before the Delhi High Court in a matter relating to infringement and passing off.
• DMD is handling entire IP portfolio of an EU based embassy in India.
• DMD is handling the entire IP portfolio of India’s largest, fully integrated producer of ferro alloys.
• DMD is representing a multinational Japanese company (manufacturers of spark plugs, sensors and related products) in relation to managing its IP portfolio and protection, enforcement and defence of IP assets.
• DMD is representing a US based global leader in financial services technology solutions in relation to managing its IP portfolio and protection, enforcement and defence of IP assets.