Practice Areas

CORPORATE PRACTICE

ASA follows a proactive approach to deal with its clients, helping them identify and managing a broad range of legal and regulatory risks that they are exposed to – current and future, strategic and operational. ASA provides customized advice at all stages of the regulatory process including obtaining registrations under various local and central laws. Our team of lawyers advise on incorporation of companies, restructuring of companies during sale, buyout, merger, change in 2 overall goals or transfer of ownership. It also includes consultancy at all steps of a regulatory process, tender process and acquiring of government tender procurements as well. Further, ASA provides exhaustive legal due diligence services so as to minimize potential risks for its clients with an expertise of tackling compliance work in comprehensive yet time-efficient manner so that crucial deadlines are duly met.
ASA has a specialized team in who assist its clients for the documentation required during the said M&A before all the statutory authorities. During M&A of entities, No Objection Certificates (NOC) are required from Tribunals, Commissions and various statutory bodies which are sector specific with defined mandated jurisdiction and ASA perform its services with the help of sector specific consultants who work exclusively with ASA. The lawyers at ASA are specialized in dealing with matters before tribunals like Competition Commission of India and National Company Law Tribunal, etc. Execution of M&A transactions including asset/share transactions, listed and private company takeovers, joint ventures, corporate reconstructions, leveraged buy outs and management buy outs. Advising companies on the procedure to go for corporate restructuring before going into liquidation & winding up procedure and devising strategies for the same.
Investments are the most effective way to maintain or enhance the value of capital. Investing in another business maximize the use of capital, while ensuring its security. Investing in a company is a multi- tiered process that involves several spheres of expertise and law. Negotiating, creating and finalizing a “Shareholders Agreement’ is required to go from an initial offer to a legally-binding document. ASA provides services and legal advice to clients through every stage of contract formation – from initial negotiations, through drafting and execution. Drafting for numerous agreements for all types of startups, offering clients chances to invest in various sectors and guiding them through the investment process. ASA also provides comprehensive review services for active contracts. Its lawyers advise on private equity transactions involving the financial services, real estate, retail sectors with cross-border aspects.
The preamble of the Competition Commission of India (CCI) states that the creation of CCI is done “to prevent practices having adverse effect on competition to ensure freedom of trade carried on by other participants in markets, in India”. This includes regulation by the Commission of anti-competitive practices and keeping a check on various mergers and amalgamations which have an adverse effect on the economy or the market. CCI has the jurisdiction to deal with anti- competitive agreements and abuse of dominant position in the market. Further, our counsels have represented various multinational clients before the CCI and before the NCLAT. CCI is also the regulatory body for mergers and acquisitions which crosses the threshold mentioned in the Competition Act, 2002, ASA advices its clients for M&A transactions, joint ventures or any sort of arrangements done between two or more entities. Our team counsels’ clients to ensure that they are abiding by the country’s competition laws and how, if necessary, a permission from the CCI is needed for specific acquisitions or mergers.
Advising on general regulatory compliance, transaction related advice, drafting/review of policies, data processing agreements and other associated documents, cross-border data transfers and disclosures, government access requests, data security and breach notification, data retention, use of new age technologies, defence against investigations and proceedings regarding privacy/data protection violations or security failures.

DISPUTE RESOLUTION

ASA is active in practically all areas of dispute resolution. Regarding a variety of complex subjects, including business contracts, civil litigation, shareholder disputes, the enforcement of security interests, the recovery of debts, corporate problems regarding real estate, securities law, competition law, labour and employment issues, and offences. ASA represent clients before law enforcement officials, including individuals and businesses. The lawyers at ASA have a wealth of education, experience, and training to effectively represent the interests of clients. They have great investigative skills and are highly inventive in gathering the information.

ASA is a law firm that offers high-quality services to its clients with knowledge, specialized solutions, and the creative problem-solving skills needed to handle their complicated legal difficulties on a national and international scale.
ASA represent clients in both domestic and international business arbitration. The creation of a pre-arbitration plan that includes mediation and conciliation, settlement negotiations, representation during arbitration hearings, and recognition and enforcement of decisions or challenges. ASA deals in industries like manufacturing, pharmaceuticals, technology, telecommunications, and building and infrastructure. In multi-jurisdictional arbitrations before the ICC, UNCITRAL, Singapore International Arbitration Centre (SIAC), and London Court of International Arbitration (LCIA), the legal team at ASA has expertise defending clients. ASA actively provides advice and client representation in situations undergoing conciliation or mediation.

ASA is well equipped to represent clients in various regulatory investigations and prosecutions, advising in relation to Indian laws relating to fraud, money laundering, Corruption and Bribery, procurement malpractices and other business crimes in relation to issues related to corporate governance and related best practices, including on aspects related to avoidance of conflict-of related party transactions from discovering the existence of an offence till pursuing it to its logical end before a court in India.

ASA has a team of experienced insolvency and bankruptcy lawyers, who handle cases for and against financial creditors as well as operational creditors in a time bound and cost-effective manner. In order to avoid bankruptcy and liquidation, we have also provided our clients with consultation on debt restructuring and corporate restructuring. Various Resolution plans have been drafted by our team which have been approved by the NCLT in multiple cases. Lawyers working on cases brought under the Insolvency and Bankruptcy Code, 2016, when the financial creditor and operational creditor accuse the corporate debtor of having unpaid debt. ASA are representing various Resolution Applicants across NCLT and NCLAT and have consulted the same from admission of the corporate debtor till revival of the Company. We have several Resolution Professionals on our panel who are prepared to work on projects across the country. ASA is advising the clients with recent pre-package insolvency process also. ASA is well equipped to represent its clients across all 11 benches of the National Company Law Tribunals and also in the National Company Law Appellate Tribunal and even Supreme Court of India.
ASA has experienced advocates to represent High Net Worth Individuals (HNWIs) in their business disputes/ partition family wealth transfer, estate planning and assisting Non- Resident Indian clients into assets transfers to across countries.
In the areas of Patents, Trademarks, Designs, and Copyright, ASA provide a broad range of legal services for the purchase, commercialization, and enforcement of intellectual property and technical assets. We offer legal counsel to our clients on commercial transactions involving the exploitation of intellectual property rights, including distribution, agency, supply, sponsorship, and other business contracts, joint venture and partnership forms, and strategic licensing. As part of its IPR activity, ASA combines several forms of intellectual property to protect the legal rights of authors, performers, owners, and businesses for their creative accomplishments. With our headquarters in Delhi, ASA has a team of lawyers who are available to provide advice on any idea, design, or logo from its conception to enforcement along with any objections or oppositions, if any, or before various High Courts across the nation, etc. These matters are handled in various jurisdictions for patent, trademark, copyright, or design cases, etc.
The legal team at ASA undertakes the entire gamut of shipping work, including transactions, litigations and arbitration. The lawyers are specialized in the area of shipping and maritime related issues and represent/advise ship-owners, charters, cargo owners on legal issues in areas such as shipping documentation and contracts, liaison with ship owners and P & I Clubs, Charter party disputes, matters relating to maritime liens and cargo claims, Maritime Arbitration, execution of Awards, legal appraisal of letter of credit, bill of lading, custom documents, etc. investigation of the ship owners, shippers and the charterers, arrest and release of vessels under the Admiralty Jurisdiction, representation before international associations and bodies viz., GAFTA, LMAA, LRBA, FOSFA, ICC, etc, advising salvers in dealing with the legal aspect of ship fires, sinking, stranding, grounding and collision and their aftermath – such as pollution and cleanup, salvage and towage or wreck removal.
ASA has a team dedicated to the energy sector which is primarily focused on assisting our various conglomerates, leading business groups multinational corporations, and multilateral institutions, having significant presence in the power and energy sector, in disputes and regulatory matters arising out of the purview of Electricity Act, 2003 as well as its guidelines, rules, regulations, notifications, etc and representing them before the various Commissions and Appellate Tribunal for Electricity (APTEL). The team of ASA has been regularly advising client with respect to the drafting of various documents such as Power Purchase Agreement, Power Transmission Agreements, Implementation Agreements, Connection Agreement, and various financial documents.

The team of ASA has vast experience and in depth knowledge of telecommunications laws and technical knowhow. The firm has represented various clients before various bodies such as Telecom Regulatory authority of India (TRAI), Telecom Disputes Settlement & Appellate Tribunal (TDSAT), Supreme Court of India and various High Courts. The firm has assisted its clients in drafting, negotiation and finalisation of various documents pertaining to approvals, acquiring of telecom licenses from the licensor (DoT) and concerned Government bodies etc.

Corporate Practice

Compliance Regulatory And Due Diligence
follows a proactive approach to deal with its clients, helping them identify and managing a broad range of legal and regulatory risks that they are exposed to – current and future, strategic and operational. ASA provides customized advice at all stages of the regulatory process including obtaining registrations under various local and central laws. Our team of lawyers advise on incorporation of companies, restructuring of companies during sale, buyout, merger, change in tackling compliance work in comprehensive yet time-efficient manner so that crucial deadlines are duly met.