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Cyber Laws
December 19, 2014
Delhi High Court


Companies Act, 2013: What you need to know
November 7, 2014, Delhi High Court

In August 2013, legislators put an end to a long wait for a comprehensive legislation expected to herald a new era in corporate governance and change how India Inc. functions. Most of the provisions of the new Companies Act, 2013 were notified on March 26, 2014 and came into force on April 1, 2014. The exceedingly short time of five days, between March 26 and April 1, to implement the provisions continues to be challenging, both for companies and their advisers The new law aims to promote self-regulation and is anticipated to raise the bar for corporate governance. For example, codifying the directors’ duties, or prescribing more stringent independence criteria for independent directors or expanding the definition of related parties is changing the way companies will be run. A large part of the Act is rule based and MCA continues to issue frequent clarifications on grey areas. Several challenges arise from lack of clarity in interpreting the new provisions. Until the 2013 Act is fully notified along with all the rules, it will have to be read together with the Companies Act, 1956. There is scope for confusion here. Legal professionals need to have clarity of the provisions, statutory compliances and ability to communicate to their clients in simple and lucid terms.

Our session aims at sharing with the audience the insights of the legal luminaries and academicians on the new enactment. The distinguished panelists will disseminate their interpretation of selective, important provisions and provide business and pragmatic answers to the key legal questions that arise in relation to the new provisions which concern clients’ lawyers need to advise.  Please see the attached agenda for details.

Attendance is FREE. Please RSVP by November 5, 2014.

SOWL-India and Delhi High Court Bar Association - Continuing Legal Education Session
January 31, 2014
As new communication system and digital technology made revolutionary changes in the way people transacted business and digital records replaced the paper based records, several legislative amendments were brought in to facilitate e-commerce and e-governance.
 After recognition of electronic records, digital signatures, conclusion of contracts and the creation of rights and obligations through the electronic medium became acceptable, rights and obligations established through the electronic mediums were given a protective cover of the law.
To prevent the possible misuse arising out of transactions and other dealings concluded over the electronic medium, creation of civil and criminal liabilities for contravention of the provisions also came into force. The Law of Evidence was amended to include legal recognition of electronic records and digital signatures. Modeled on the (UNCITRAL) Law on Electronic Commerce which provided for equal legal treatment of use of electronic communication and paper based communication, the Information Technology Act 2000 underwent amendments in 2008 in order to protect the rights of the citizens and to keep pace with the giant leaps technology was making.
The amendments in the Indian Penal Code, Indian Evidence Act, Reserve Bank of India Act, and Bankers Books Evidence Act, was also necessitated by the growth of the digital mediums.

As digitalization proliferated in all spaces of human activities and became acceptable, misuse of these mediums became rampant and created many legal issues. A good understanding of the technical aspects as well as the law has become imperative for legal professionals in order to protect the rights of our clients.
To impart a deeper insight into these aspects, SOWL-India has invited Mr. Gurjot Singh, Mr. Neeraj Aarora and Ms. Abha Malhotra to share their knowledge and perspectives on tackling civil and criminal issues emanating from violations of the above laws in a CLE session in association with Delhi High Court Bar Association. We invite you all to attend the session for professional benefit from their knowledge and personal experiences.

Unique Identification: Challenges ahead
March 15, 2012 

With the media focussing attention on the UID project and in the backdrop of the Report of the Standing Committee on Finance, there is immense discussion but little clarity in the minds of most of us on the exact working of the UID. With a mammoth implementation target before it, the UIDAI also has to cope with erasing doubts as to the viability of the project as well as address concerns surrounding the safety of the biometric information of citizens that will form the substratum of the UID system. In this light, it will be beneficial to each one of us as stakeholders of the system to take a closer look at the project itself, what it seeks to do, the manner in which the information will be collated and utilised, in the backdrop of the data protection regime in India.

Srikar Sridhar, PS to Nandan Nilekani, UIDAI
Rohit Kumar, PRS India
Ashutosh Chandola, Associate, PSA (Moderator)

Please e-mail to rsvp or for more information.

Social Networking – What all Lawyers Need to Know
July 9, 2011
India International Centre (Seminar Hall No. 3)

With the advent of social networking and new internet services that have collapsed the walls of accessibility, organisations and individuals have joined the mad dash to “get on to” facebook, linkedin and twitter. For lawyers and law firms blogging has grown as a mode to gain academic credibility within the limitations of a legal framework that prevents advertising of their services. Yet have we really identified or analysed the legal issues and possible liability situations that arise in the context of the social media outreach boom? This programme aims to identify and provide some solutions to the key legal questions that arise in relation to social and professional networking; issues that concern lawyers as well those that concern the clients lawyers need to advise.

Rajendra Kumar, Senior Partner, KNS Partners
Saikrishna Rajagopal, Principal, Saikrishna and Associates
Shwetasree Majumder, Co-Founder, Fidus Law Chambers

Please e-mail to rsvp or for more information.

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