E-commerce has had a remarkable growth story in India over the last ten years, but the regulatory climate surrounding e-commerce remains tumultuous, uncertain and often hostile to modern e-commerce businesses and marketplace companies. As new and innovative business models continue to emerge in the sector, so do unexpected and peculiar legal challenges.
E-commerce businesses face a barrage of disputes from their consumers, vendors, and partners. This is not surprising since e-commerce marketplace companies in India have millions of vendors selling on their platforms. Additionally, e-commerce companies continue to face legal issues on a routine basis relating to brand protection and third-party IP infringement which are common, as well as around labour laws which disincentivize business model innovation in many ways.
Our goal is to help e-commerce businesses navigate through these known and unknown challenges that if unaddressed can seriously impair the survival and profitability of the business. We are aware of the regulatory and legal issues most common in the e-commerce sector and regularly advise clients on issues of vendor contracts and dispute management, B2B contracts, consumer disputes, product liability issues, privacy, intellectual property protection and infringement, content regulation, marketing and advertising, supply and distributorship contracts, and payment issues.
Our services in the real estate sector cover residential as well as commercial real estate.
We are equipped to handle real estate agreements and transactions related to buying, selling, leasing, developing properties, and routinely undertake due diligence of property documentation and title searches for businesses and real estate projects.
We also advise on the investing and financing related aspects in real estate, such as with respect to real estate investment trusts, equity investments, foreign investments, debt funding, and stake sales.
Additionally, due to our strengths in corporate law, we also advise on corporate real estate structures, joint ventures and SPVs, mergers and acquisitions and asset management.
We are acting as consultants for various hospitals in Pune and have advised them on the law relating to negligence and deficiency of service in India. We have had extensive experience and great relationships with hospitals and doctors – from helping them with their policies, processes and internal procedures to ensure compliance and transparent patient care, to helping them resolve disputes and (if needed) represent them in trials.
We actively conduct training and workshops to hospitals to introduce their staff and doctors to the nuances of laws regulating the hospital industry and the medical profession. We are well-known in Pune’s healthcare space and often preside on clinical drug trials or ethics committees.
Today we do a lot of outside GC work in their medical and healthcare industry and our clients continue to retain us for our trustworthiness, compatibility and deep understanding of common issues in the healthcare industry. We understand the law, the profession and the business, and are a well-rounded package for medical professionals.
As the corporate sector in India faces growing regulatory pressures with respect to the environmental impact of their business activities, along with CSR requirements, it is important for businesses to stay one step ahead.
We help Indian businesses in the environmental sector (and foreign entities with offices in India) to manoeuvre the business war ground and achieve a strategic balance between profitability and sustainability, carefully manage and mitigate their risks and create a long-term legal strategy with respect to their protection of their inventions in this field.
Today we do a lot of outside GC work in their medical and healthcare industry and our clients continue to retain us for our trustworthiness, compatibility and deep understanding of common issues in the healthcare industry. We understand the law, the profession and the business, and are a well-rounded package for medical professionals.
Since the inception of our firm, IT has been one of our strongest focus areas. For more than a decade, we have been providing complete legal support to our clients in the IT domain as well as dealing with IT enabled services. We have a deep understanding of the common legal and regulatory issues in the industry and truly understand how the sector is moving: both at a legal level and at a business level. Today, we are hailed as the leading law firm in the IT domain and advise on the full spectrum of issues that businesses face during the entire lifecycle.
On issues of IP, privacy and data protection, we routinely advise on technology development, licensing, commercialization, brand protection, management of IP portfolios, piracy issues, security, cyber-attacks as well as resolution of disputes.
With respect to legal assistance on contracts in IT domain, we have done extensive work with respect to software and website development agreements, agreements with respect to hardware maintenance, system supply, broadcasting and satellite, software licensing, as well as a host of non-IT specific contracts.
Our clients are leading names in India’s technology sector and continue to retain us for our level of understanding about their business and long-term objectives. We continue to work on limited mandates as well as retained outside GC.
JCSS Law is one of the first law firms in India to develop a niche specialization in fintech. In recent years, novel and disruptive technologies in the fintech space have been redefining the Indian financial services industry. This unprecedented growth is putting an immense pressure on the traditional players to innovate or risk losing business to new market participants.
Historically, the Indian government has had a far more traditional and cautious approach towards regulation of the fintech sector, and until recently the legal regime surrounding fintech was quite uncertain. However, this is changing, thanks in part to government-level efforts in developing regulatory sandboxes, APIs, optimizing the overall digital cash flow process, and developing a country-wide infrastructure for ease in electronic transfers, including UPI, AADHAR, Bharat Pay, e-KYC and video KYC.
We are at the forefront of the legal and regulatory developments in the fintech sector and have acted as legal advisors of the most successful fintech start-ups to come out of India. Our experience with fintech is well-rounded and balanced across sub-sectors such as payments, asset management, peer-to-peer lending and investment, insurance and blockchain applications.
We regularly oversee major investments, transactions, contracts and also work with Indian fintech start-ups as their outside General Counsel. Fintech entities in India commonly get funded by issuing securities (equity, preference, debentures, convertible notes and crowdfunding). We have advised on several of such investments, joint ventures and strategic partnerships – on issues relating purely to Indian law or having a foreign law element.
In recent years, the media and entertainment industry in India has developed new business model around commercialization of content and is licensing content in complex ways that didn’t exist a decade ago. While modern times bring plenty of lucrative opportunities to businesses in the media and entertainment niche, it has become critical to ensure alignment with the legal and regulatory regime, IP management and hire lawyers that are aware of how the sector transacts and does business deals.
Our expertise is in this sector is strongly grounded both with respect to the knowledge and awareness of issues as well as practical experience in bringing commercial value to media and entertainment businesses, including financing, content production, distribution and licensing.
We have been advising the who’s who in the media and entertainment sector, with respect to motion pictures, TV and web series, streaming, music, internet and digital media, celebrity management, brand endorsements, publishing, advertising, social media and PR. Our experience in advising our clients has covered the conceptualization, incubation, financing, production and distribution cycle of media products, as well as the actual negotiations till post-closing and beyond.
We have a fundamental understanding of the legal and regulatory issues that the consumers goods and retail sector commonly faces. We have had deep practical experience advising companies in FMCG and modern retail – on a legal and commercial level. Our clients retain us especially for our agility and adaptability to the continually changing business environment, and to managing their risks with preventive as well as curative approach.
With respect to the kinds of entities, we have advised across the board -multinational companies, small retailers, manufacturers, distributors, suppliers, consumers and other parties. We regularly provide advice to global companies on the implementation of strategic partnerships, joint ventures, M&As and expansion into new markets, in addition to operational and day to day issues affecting their businesses.
The most common issues in this sector that we advise on, include:
1. Legal strategy
2. Investments and joint ventures
3. Transaction support
4. International brand management, protection and enforcement issues
5. Packaging and labelling issues
6. Commercial relationships and contracts, including distributorships, agreements, arrangements with retailers and re-sellers
7. Advertising
8. Product liability issues and consumer claims
9. E-commerce
The last decade saw a flux of investments in the Edutech and online learning sector, which has led to the fastest penetration of any business model in the market in recent years
We have advised investors as well as targets companies in various such important transactions in the edutech and online learning sector in India. The learning has been immense in understanding how the same old business of education when repackaged in modern delivery leads not just to phenomenal profits, but industry-wide disruption.