King Stubb & Kasiva is a full service national law firm in India with offices in major cities. It has alliances with lawyers in 24 states and international law firms in 37 countries, providing clients with a single point of contact. The firm's practice areas include corporate law, litigation, employment law, energy law, and more. It represents large businesses, governments, and individuals on various legal matters.
1. King Stubb & Kasiva
Advocates & Attorneys
DELHI MUMBAI CHENNAI BANGALORE
FIRM PROFILE
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King Stubb & Kasiva is a full service national law firm with full service offices in New Delhi,
Mumbai, Bangalore and Chennai. KSK has alliances with associate lawyers in more than 24
States in India. We also a huge informal network of International law firms across 37 countries.
This network of alliances gives the benefit to the clients of a single window service provider, to
deal with all kind of matters across the country under one umbrella.
Our areas of practice include Antitrust & Competition, M&A / Private Equity, Corporate &
Commercial, Regulatory, FDI, Employment, Anti-dumping and International Trade & WTO, ,
Corporate Restructuring & Insolvency and Intellectual Property.
Some of the sectors we assist in are Aerospace & Defence, Banking & Finance, Healthcare, Food
& Drug, Infrastructure & Energy, IT, Outsourcing, Media & Broadcasting, Real Estate,
Telecommunication. The firm represents a large number of business houses across the country
multinational corporations, banking & financial institutions, public sector undertakings,
various ministries and state and central government authorities.
APPROACH
We don't just provide legal expertise, we take a position and provide commercially savvy advice
– we partner with our clients to deliver the best business solutions. We do this by knowing their
industries, the trends and issues, and their competitors. Our services are not limited to merely
providing legal expertise. By clearly analyzing and understanding the various trends affecting the
market in which our clients and their competitors operate, we partner with our clients to deliver
not only commercially savvy but the most pragmatic business solutions.
PRACTICE AREAS
Our practice groups are focused on ensuring a high level of information sharing throughout the
firm, through which we can leverage a broad range of skills and experience. These practice
groups also ensure that trends in key industry sectors are monitored – helping our people to
continually grow and maintain their expertise.
Our practice groups works very closely with our client and ensure that a personal contact with
the Client is maintained at the senior level. A partner or a senior associate is directly responsible
for the firm's relationship with each client. They ensure that all work is done efficiently and to
the most exacting standards by the most relevant and skilled advisers.
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Practice Area
Anti-dumping, International Trade & WTO
Anti-trust & Competition
Capital Markets & Securities Law
Corporate & Commercial/ FDI
Corporate Restructuring & Insolvency
Dispute Resolution & Arbitration
Employment
Energy
Infrastructure & Project Finance
IP & Information Technology
JV, M&A / Private Equity
Regulatory
Taxation
Sectors
Real Estate
Aerospace & Defence
Banking & Finance
Entertainment, Media & Broadcasting
Pharmaceuticals, Food & Drug
Infrastructure & Energy
Insurance
Real Estate
Telecommunication
IT, E- Commerce and Outsourcing
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ANTI-DUMPING, INTERNATIONAL TRADE AND WTO
The team represents legitimate commercial interests of foreign exporters, importers (within the
Indian industry) as well as the consumers at large from the stage of initiation of investigation to
the finalization of the proceedings before the administrative and quasi- judicial bodies,
appellate authorities, high courts of various states of India and the Supreme Court of India. The
team has represented / is representing companies from Israel, China, UK, Europe and U.S.A. The
team also has the requisite experience to advise and defend the interests of Indian industries
before similar investigating authorities around the world.
The team provides research support, consultancy services apart from rendering practicable advise
to foreign exporters, Indian importers and consumer groups on the following:
Commercial transactions including negotiations and documentation on International
Trade, anti-dumping law, counter-veiling duties, safeguards, etc,
Filling and responding to anti-dumping petitions, responding to questionnaires, working
out the pricing, price undertaking; representation before designated authority;
Commenting on preliminary or final results applicability of provisional duty and appeals;
through the submission of briefs, and participation in hearing and in annual reviews;
Legal analysis, preparation of complaints, consultations, settlement negotiations,
preparation of legal and factual submission, making oral submissions, adjudication and
implementation of dispute settlement reports;
Keeping track of preliminary and final findings on most of the antidumping, counter-
veiling, safeguard cases initiated in India;
Bilateral agreements, free trade agreements (FTAs), market access initiatives, foreign
trade policy etc.
Trade reports on various sectors.
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ANTITRUST & COMPETITION
The team has handled some of the most high profile matters (including cement cartel
matter) in competition law space in India and has represented clients (informants and
defendants) before competition authorities (Competition Commission of India and
Competition Appellate Tribunal) in India.
The team has in-depth understanding of European Union’s Competition laws
especially Article 101 and 102 apart from legal developments in some of the prominent
jurisdictions including United States of America. The team members have often rendered
opinions and advice on compliances under the competition laws and regulations to
various companies.
The team has extensive experience in specialized sectors such as technology,
telecommunications, media and broadcasting, transport, chemicals, energy, financial
services, retail, consumer goods and life sciences. This enables them to understand the
nuances of each sector; to effectively defend clients’ unique interests.
The team advises on whole range of competition and anti-trust issues including: Cartels
and anti-trust investigations;
Abuse of dominant position
Merger control regulations
Bidding and public procurement
Commercial agreements (such as distributor/ agency agreements, joint
venture agreements, cooperation agreements, licensing agreements etc.)
Competition law compliance strategies, programs and audits
Competition litigation and trade disputes.
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CORPORATE & COMMERCIAL/ FOREIGN DIRECT INVESTMENT (FDI)
King Stubb & Kasiva provides a full range of corporate legal and commercial services, including
the incorporation companies, preparing corporate by-laws and shareholder agreements, advising
in relation to capital increases, bond issues, stock market listings and group reorganizations.
Our corporate lawyers frequently represent clients at shareholders meetings, assist at board
meetings, act as corporate secretaries, draft all necessary shareholders and board resolutions, as
well as maintain corporate records at our firm.
The Firm specializes in providing business enhancing results by successfully combining legal
experience with business acumen and creativity. We advice our clients on various legal and
business aspects of financing, operating, restructuring and expanding their businesses. The
Corporate Commercial Practice Group draws expertise from related practice areas to provide
accurate, timely and effective results to our clients.
Our service offering are as follows:
Providing ongoing general corporate and regulatory advice.
Incorporation of a Company and the ancillary matters.
Negotiating and Drafting Employment Agreements, Non disclosure/ Non competition
Agreements, Management and Consultation.
Agreements, Shareholders Agreements, Voting Trust Agreements, Licence Agreements,
Software Agreements, Confidentiality Agreements etc.
Advising and Assisting clients on strategic issues like Mergers and Acquisitions.
Advising and Assisting Indian companies in structuring overseas companies.
Structured and Project Finance/Equipment Finance.
Corporate Governance and Compliance.
Advising clients on the various forms of business arrangements like Joint Ventures,
Limited or General Partnership.
Guiding and assisting clients on matters relating to the Liquidation and Dissolution of
Companies.
Representation of clients in various disputes at various levels and in diverse forums.
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CORPORATE RESTRUCTURING & INSOLVENCY
The firm offers comprehensive service in corporate restructuring led by commercial insolvency,
insolvency related litigation, corporate debt restructuring, negotiated settlements, enforcement of
security interest, securitization process and refinancing. The Firm through its critical advice has
been able to put hundreds of companies on revival path.
The team represents many clients including financial institutions, public and private
companies.
The team has been rendering unparalleled advice on matters including:
Financial Due Diligence
Techno-Economic Feasibility Studies
Corporate and financial restructuring by using various instruments which include, inter-
alia, merger, de-merger, debt-recast etc.
Negotiations with creditors for settlements
Identifying strategic investors
Rehabilitation through court process
Acquisition / Sale of distressed assets
Restructuring including arrangement with creditors and members
Portfolio Reviews
Securitization
Corporate Debt Restructuring / Bi-lateral Debt Restructuring
Liquidations
Enforcement of Security Interest
Facility, Security and Credit Support Reviews for Lenders and Borrower Groups
Debt recovery tribunal including those under the Securitization and Reconstruction of
Financial Assets and Enforcement of Security Interest Act, 2002.
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REGULATORY
King Stubb & Kasiva has developed an active Regulatory law practice, involving all aspects of
state and central regulating and administrative bodies. We regularly represent corporate and
individual clients before state and central administrative agencies and in administrative appeals.
The Firm enjoys good relationships with most regulating agencies/ bodies both at the state and
central level which enables us to deliver timely results to clients.
Our lawyers combine transactional and litigation experience with a substantive understanding of
the law in order to provide clients with a full range of legal services. In addition, we have
developed and maintained firm, productive working relationships with central, state and local
bodies and other technical professionals, all of which better enables us to serve our clients. The
Group can, moreover, call upon the resources of other Practice Groups so as to bring all of the
experience and skills needed to secure the results for our clients.
Our clients appreciate the assistance and high success rate provided by our attorneys in all
aspects of government regulatory compliance. We have expertise and have assisted our clients
over a wide spectrum of issues ranging from obtaining a license, conducting regulated business
to responding to audits from governmental bodies. We stand ready to assist our clients achieve
their business objectives while maintaining compliance with the regulatory requirements
imposed by the central, state and local governmental bodies.
Our service offering are as follows:
Providing ongoing general corporate and regulatory advice.
Incorporation of a Company and the ancillary matters.
Negotiating and Drafting Employment Agreements, Non disclosure/ Non competition
Agreements, Management and Consultation.
Agreements, Shareholders Agreements, Voting Trust Agreements, Licence Agreements,
Software Agreements, Confidentiality Agreements etc.
Advising and Assisting clients on strategic issues like Mergers and Acquisitions.
Advising and Assisting Indian companies in structuring overseas companies.
Structured and Project Finance/Equipment Finance.
Corporate Governance and Compliance.
Advising clients on the various forms of business arrangements like Joint Ventures,
Limited or General Partnership.
Guiding and assisting clients on matters relating to the Liquidation and Dissolution of
Companies.
Representation of clients in various disputes at various levels and in diverse forums
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DISPUTE RESOLUTION AND ARBITRATION
King, Stubb & Kasiva has a full-fledged Litigation Practice Group and is ably supported by team
of lawyers who have in depth experience and understanding of the various facets of litigation in
India. The Group represents clients before the Supreme Court of India, various High Courts, the
District Courts, the Company Law Board, Income Tax Tribunals, Advance Ruling Authority, the
Telecom Regulatory Authority of India (TRAI), the Consumer Courts, the Debt Recovery
Tribunals, the Motor Accident Claims Tribunals, the Labour tribunals and the Board for
Industrial and Financial Reconstruction (BIFR).
Corporate and Civil matters
The firm has expertise in handling and dealing with a variety of matters including but not limited
to suit for permanent and mandatory injunction, suit for declaration, suit for specific
performance, suit for damages arising out of breach of contract or otherwise, claims for damages
arising upon the wrongful termination of distributor or other agreements, defamatory suits,
recovery claims, enforcement of secured assets and guarantees, property and rent disputes,
proceedings relating to restrictive and unfair trade practices, complaints of oppression and
mismanagement of companies before the Company Law Board and the Securities & Exchange
Board of India, winding-up proceedings against companies, complaints before the Consumer
courts, proceedings relating to prosecution for dishonor of cheque under the Negotiable
Instruments Act, claims on behalf of secured and unsecured creditors before the Board of
Industrial and Financial Reconstruction, execution proceedings relating to arbitration award and
judgements passed by various courts and labour disputes.
IPR Litigation
The firm also has substantial experience in disputes relating to intellectual property rights such
as, copyright infringement, trademarks infringement, counterfeiting and passing off.
Tax Litigation
The firm also represents its clients in investigations and proceedings initiated by various
Governmental departments and authorities in relation to matters relating to income tax, customs
duty, excise duty, sales tax, service tax, etc. and filing of writ petition against such Government
authorities and departments before the High Courts and the Supreme Court of India.
Disputes involving Arbitration
Apart from the aforesaid, the firm has a niche practice in disputes involving resolution through
conciliation and arbitration in India as well as abroad. The arbitration practice involves
invocation of arbitration clauses and initiation of arbitration proceedings, preparation of
arbitration notices, statement of claims, replies, leading of evidence and final arguments. In
addition, the firm’s arbitration practice involves representing clients before appropriate High
Courts in arbitration petitions for interim measures, appointment of arbitrators, reference of
disputes to arbitration and enforcement of awards.
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EMPLOYMENT
Our Labour & Employment Group focuses on assisting and advising clients in adopting business
strategies, which would avoid any waste of the management resources as well as promote the
business objectives. We guide our clients on all aspects of labour management issues, ranging
from assisting our clients in amicably settling labour matters and avoiding union disputes to
representing our clients in the courts and Labour Tribunals. We believe in keeping our clients
well informed as to the various new developments in law, as well as assist them in formulating
strategies and drafting policies and procedures which would enable them to anticipate problems.
Last but not the least we take pride in offering highly pragmatic, time and cost effective solutions
to our clients.
Our service offering are as follows:
Advice on Trade Unions and Employment related litigation, Disciplinary proceedings,
Employees Rights and related benefits, Constitutional Rights , Employment and service
contracts, Labour disputes and Industrial actions, Health and safety legislation, Collective
bargaining, Employment issues , Industrial actions, Provident fund, Statutory benefits
and Trade disputes
Advising companies on an on-going basis on the legal issues arising out of labour and
employment, that companies face in their day-to-day operations
Advised on Indian law issues relating to fixed term employment contracts. Assisted
clients in connection with employment contracts of senior managerial personnel and
junior level employees.
Drafted original suits and petitions, interlocutory applications, criminal complaints,
notices, etc., researched case law, briefed senior counsels and appeared before the Delhi
High Court, Supreme Court as well as lower courts, consumer tribunals, etc. Represented
clients at various fora in connection with consumer complaints and complaints relating to
monopolistic and restrictive trade practices.
Extensively advised clients on various issues relating to retrenchment of employees in
accordance with the provisions of the Industrial Disputes Act, 1947 including advice on
payments due to such employees under the Provident Fund Act, Gratuity Act, etc.
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ENERGY
King Stubb & Kasiva assists clients engaged in every part of the energy business, including
companies engaged in the exploration and production of oil and natural gas, power companies,
energy marketers, natural gas storage providers and processors, commercial banks and other
energy finance providers, drilling and oilfield service contractors and electrical power
generators. Our team has assisted large publicly traded companies and financial institutions, as
well as mid-sized and smaller privately owned companies dealing in natural gas, power and
exploration.
Oil & Gas
King, Stubb & Kasiva has acted for a number of oil and gas majors in the country. The range of
projects on which we have assisted reflects the wide range of issues encountered in the oil and
gas industry, including tax structuring and planning, site acquisition, technology issues,
environmental issues, corporate restructuring, project documentation and financing on both a
recourse and non-recourse basis, sale and acquisition of oil & gas assets, and other regulatory
issues. We negotiate gas purchase and transportation agreements, assist in the development,
permitting and financing of facilities, and counsel clients on legal considerations governing their
gas acquisition strategies.
Power
The Firm’s experience in this sector ranges from structuring of projects, negotiating and drafting
the Power Purchase Agreements (“PPA”), Concession Agreements, Operations and Maintenance
Contracts (“O&M”), Engineering Procurement and Construction Contracts (“EPC Contracts”),
Fuel Supply Agreement (“FSA”), Land Agreements, Implementation Agreement, Government
Guarantee, Financing Documentation, Shareholders’ Agreement, Risk Management
Documentation for the allocation, management and mitigation of risks and dispute resolution
mechanism.
Renewables
Our team of experienced attorneys has counseled on a wide variety of “green” power projects,
including wind, solar and hydroelectric projects. We have negotiated many contracts that have
recognized the unique value of “green” power projects and have used that value to structure
transactions that were favorable to our clients. We have substantial knowledge and experience in
the use of renewable energy credits and certificates, emissions credits and tax credits to
maximize the overall benefits and fully realize all of the advantages of the renewable nature of
an energy project.
OIL & GAS
Representation in connection with the structuring, financing, building, acquisition or sale of
energy and infrastructure projects
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Structuring of model agreements for the sale of its crude oil, gas supply and value added
products, based on international best practices, to meet the challenge of the changed business
environment pursuant to the deregulation of the oil and gas industry in India
Advice on Upstream, midstream, and downstream transactions
Advice in connection with a transfer of technology agreement and advise on contract award
procedure
Advice on feasibility study to identify independent LNG based power projects and gas
pipelines projects in India with a view to establish a reference knowledge base of each
project, identify likely best and 3-5 viable state(s) for independent LNG based power
projects, assess the feasibility of integrated financing for LNG based power projects
including renewable power projects, tax incentives, holidays, exemptions, etc., under tax
statutes for renewable power projects, tax treatment of independent gas pipeline and LNG
based power projects with a combination of renewable energy, and to identify prospective
developers, operators, sponsors, financiers for independent gas pipeline and LNG based
power projects and promoters
Advice on establishing a wholly owned subsidiary in India that would invest in upstream and
midstream energy projects involved in exploration and production, marketing, manufacturing
and distribution
Represented an oil major in connection with a major lending to its oil refinery project and in
advise on regulatory approvals for accessing external commercial borrowings, security issues
including subrogation rights, defaults and cross defaults, indemnities, creation of charges,
enforcement and execution of foreign judgements in India, stamp duty issues on creation of
charges. Review of loan documentation including rupee term loan agreement, credit
agreement, share pledge agreement, shortfall support undertaking, letters of guarantee,
mortgage agreement, etc
advice concerning a pipeline project in India and land acquisition and right of way issues
POWER
Advice on private placements and equity investments in the power sector
Structuring transaction documents including Negotiating and drafting Project Documents,
including PPA, FSA, EPC Contract, O&M Contract and Financing and Security
Documentation
Advice regarding regulatory and environmental compliance for all aspects of projects
Representation in a full range of financings, including private placements, public offerings
and IPOs
NON CONVENTIONAL ENERGY
Advice on setting up wind farm operations in India
Advice on all aspects of renewable energy projects
Project finance and structuring of financing for renewable energy projects, including multi-
lender transactions
Liaison with necessary governmental authorities including the Ministry of Non Conventional
Energy, Government of India on setting up renewable energy projects in India
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INTELLECTUAL PROPERTY
The team understands how intellectual property (“IP”) assets can best be created; value thereto
determined rights therein protected; and used/ acquired/ supplemented to produce a competitive
advantage. The team provides advice and assistance to its clients with respect to due diligence
(routinely uncovering issues in chain of title, encumbrances/obligations, or
enforcement/prosecution/ deficiencies often left undetected) IP valuation, acquisition of IP and
related agreements and partnerships/ joint ventures with an aim to transfer/ share/ development
of IP.
The team has rendered services to several multinational and Indian companies across a broad
range of sectors and industries including large technology companies, technology start-ups
electrical and household, telecommunications, consumer goods, defence, education,
publishing and media houses etc. on issues pertaining to registered and unregistered IP rights
including trade mark, copyright, designs, domain name registration, patent, licensing, and
technology transfer matters, apart from management of IP portfolios.
The team advises and assists clients on:
Protection and prosecution of IP rights (including patents, trademarks, design rights,
copyrights, geographical indications, domain names, proprietary know-how and business
processes)
IP due-diligence and audits
IP valuation
IP acquisition and transfer and related agreements
Drafting and negotiating license agreements, assignment deeds, IP development
agreements, etc.
Representing before various authorities, courts and forums on issues relating to
registration and protection of IP rights.
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MERGERS & ACQUISITIONS, FUNDS & PRIVATE EQUITY PRACTICE
King Stubb & Kasiva’s Mergers & Acquisitions, Funds & Private Equity Practice Group is
comprised of attorneys experienced in complex corporate transactions who regularly represent a
broad range of domestic and foreign corporations, private equity, mezzanine, distressed funds
and financial institutions in their M&A-related deals, which encompass an equally broad range
of industries and businesses. To provide greater co-ordination the Firm has an integrated M&A,
Funds & Private Equity Practice which also helps our clients in a significant manner.
Our attorneys are most often involved in transactions at an early stage and provide advice
regarding the development of strategies designed to achieve our clients' business objectives,
structuring the transaction and addressing financing arrangements when required.
The firm handles a full range of transactions: acquisitions and dispositions of privately owned
companies, divisions and subsidiaries; negotiated and contested public company acquisitions
(including tender offers, exchange offers, takeover bids, mergers and schemes of arrangement);
joint ventures and strategic alliances; and substantial equity investments. The M&A group also
represents companies and shareholders in shareholder meetings and proxy contests and regularly
provides advice regarding issues of corporate governance and control.
The Firm’s clients include leading industrial, service and financial organizations, as well as
growth companies. The firm also represents leading financial institutions in their capacity as
financial advisors, as well as representing them in their own acquisition transactions.
Integrated Approach
The complementary areas of expertise that often play important roles in M&A transactions
include:
Labour Issues – We advice clients on structuring the labour fall outs of a M&A transaction. We
have on several occassions structured transactions for our clients to overcome the challenges
posed by Indian labour law regulations. We also negoitate other employee related matters
relating to acquisitions including non-compete and non-solicit clauses in employment
agreements. We advice on structuring employee related dues and other statutory obligations
arising out of payment of gratuity, workmen compensation etc.
Tax- We provide tax advisory services and are in a position to quicky turn around on tax related
issues that envelope domestic and cross-border M&A deals. We evlove the optimum tax
structure while structuring deals for eg., carry forward of losses, slump sale structuring, de-
merger and spin-off.
Finance -The firm has immense depth in the debt and high-yield markets and is skilled in
structuring a wide variety of acquisition financings of public and private companies.
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Intellectual Property/Information Technology- The Firm provides business solutions to the
diverse IP issues that arise in M&A transactions, including evaluating issues arising out of
patent, trademark and copyrights.
Litigation/Arbitration- The Firm assists clients in litigation and arbitrations arising in the
course, or as a consequence, of M&A transactions, such as disputes among shareholders and
post-contractual disputes.
Our service offering are as follows:
Merger & Acquisitions:
Advice on structuring Mergers and Acquisition including advice on structuring issues,
drafting transaction documents, determination of SPV etc.
Advice on Securities and Corporate Law issues related to Takeover Code and other
securities laws issues, Listing and Regulatory requirements, Government approvals ,
Statutory filings
Undertaking legal due diligence, drafting and review of term-sheet, definitive agreements
[Share Purchase Agreements, Share Subscription Agreements, Shareholders
Agreements], non-compete agreement, non-disclosure agreement, escrow agreement,
stock swap agreement, employment agreement etc
Advising companies on the methods of restructuring and re-engineering, including
demerger / spin-off a division into a separate company, merge two companies into one,
buy-back of its shares by the company, slump sale, reduction of share capital, winding-up
of operations and the repatriation of the proceeds there from ensuring that the existing tax
benefits continue to be available post the restructuring, devising a structure that is
efficient from the stamp duty perspective in connection with the transfer of assets and
obtaining the requisite approvals of the High Court or other regulatory authorities
Funds:
Drafting of the fund documents for our clients, including the charter documents for the
fund entity, the private placement memorandum, the investment management agreement,
the investment advisory agreement, and other necessary documentation.
Advising our clients the local registration requirements with the Securities Exchange
Board of India and other regulatory authorities.
Advice relating to tax issues with respect to funds
Private Equity:
Advise on target identification and deal negotiation
Advice on structuring the deal in terms of drafting term sheet, definitive agreements and
closing and post closing documentation
Board representation on portfolio companies of clients
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AVIATION
King Stubb & Kasiva has extensive experience in representing commercial airlines and other
participants in the aviation industry. The Firm’s aviation practice encompasses virtually the
whole range of aviation law and consulting. The firm has represented aircraft carriers and groups
of airlines in a wide variety of transactions. The Firm has represented both large and small,
established carriers and new entrants, scheduled and charter, combinations carriers and all-cargo
carriers. The firm also represents other aviation-related companies, including wholesalers and
retailers (travel agents, tour operators, air freight forwarders and air freight agents), local and
state airport authorities, manufacturers and other vendors, and financial institutions (including
banks, leasing companies and other lessors).
Our in-depth understanding of the aviation industry's commercial environment as well as the
relevant law enables us to respond quickly and effectively to the needs of our clients in the
aviation industry.
Assisting startup carriers obtain certifications.
Representing low-fare carriers seeking access to airports and airport facilities.
Representing airlines in the acquisition of aircraft and components, including the drafting
and negotiation of leases, purchase agreements, loans, mortgages, security agreements,
trust agreements and regulatory documentation.
Aircraft finance and leasing: Advise on lease of aircraft to Indian entities [dry and wet
lease], securitization, registration, de-registration, provisions of mortgage security,
finance and taxation issues, repossession and recovery of the aircraft.
Representing numerous clients before the Director General of Civil Aviation (“DGCA”)
on enforcement matters, hazardous materials matters, use of restricted airspace, general
aviation access issues, airspace obstructions/hazards to navigation and on authority to
enter restricted airspace.
Advisory on Domestic Tax Issues, Secured Loan Transactions Conditional Sale
Transactions, Operating Leases, Financing Leases, Debt Restructuring, Sale and Lease-
back Transactions and Structured Financings.
Litigation advisory: Advisory on all litigation matters on a Pan-India basis.
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BANKING & FINANCE
The Banking and Finance group regularly represents banks and other financial institutions in a
broad range of corporate and regulatory matters. The Banking and Finance group also provides
representation to savings associations, credit unions, finance companies and other financial
institutions in a wide variety of lending and other financing transactions, including large multi-
bank credit facilities, asset-backed and secured loans, real estate loans, letter of credit facilities
and loan participations
The Firm also involves itself in actively structuring, negotiating, documenting and closing
complex financing structures. The Firm has considerable expertise in putting together financing
transactions ranging from plain vanilla lending to securitization and structured products.
The banking & financing practice encompasses advise on letters of credit, all facets of trade
finance, project finance, financial derivatives, including multicurrency, commodity and interest
rate swaps, bridge finance, loan restructurings and asset transfer to Asset Reconstruction
Companies (ARC’s), NBFC advisory etc.
Syndicated Lending Transactions: Extensive experience representing arrangers, agent banks,
and syndicate banks in multiple lender credit facilities in each of the leveraged, middle
market, asset-based and investment grade marketplaces; and in connection with structuring
revolving, term, swingline, competitive bid, letter of credit, and acceptance facilities with a
variety of pricing alternatives.
Investment Banking: Represented financial institutions, private equity investors, and other
financial sponsors in a variety of transactions with respect to the financing of corporate
mergers and acquisitions.
Merchant Banking: Along with the venture capital and private equity practice group, have
extensive experience advising financial institutions investing their own capital in leveraged
buyouts, corporate acquisitions, growth capital investments, and other structured finance
transactions.
Structured Finance: Represented trustees, servicers, issuers, and underwriters in connection
with the securitizations of various asset types.
Loans and credit facilities: structuring cross-border facilities, secured and unsecured, and
trade-financing transactions.
Providing advisory services to NBFC [Merchant banking, Underwriting, Portfolio
Management Services, Investment Advisory Services, Financial Consultancy, Stock Broking,
Asset Management, Venture Capital, Custodial Services, Factoring, Credit Reference
Agencies, Credit rating Agencies, Leasing & Finance, Housing Finance, Forex Broking,
Credit card business, Money changing Business]
Assisting clients on issues relating to the Banking Regulation Act, 1949, and other banking
laws.
Assisting clients on structuring investments in Indian banking companies.
Assisting clients on the foreign exchange regulations pertaining to transactions in the banking
sector.
Preparation of loan documentation
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ENTERTAINMENT, MEDIA & BROADCASTING
The team has experience in advising companies operating in entertainment, print and digital
media and broadcasting sectors. The team offers guidance to domestic and international clients
on India’s comprehensive entertainment, media and advertising laws for advice on the creation,
production and dissemination of advertising across all media, particularly interactive technology
and consumer-generated content. The team focuses on transactions, counseling as well as
contentious work pertaining to false advertising cases, internet advertising and pre-sale
promotional trademark use.
The team working on its vast experience operates at the intersection of technology,
telecommunication and broadcast, applying new media, data privacy and security expertise to the
media and broadcast sector.
The team offers skills to represent studios, sports associations, television and film production
houses, independents, new media companies, music companies and television networks in all
aspects of the film and broadcasting industry (including entering into complex distribution and
licensing agreements). At the practice's core is the representation of clients in transactions
involving issues pertaining to the production and distribution of motion pictures and television
programming.
The team’s extensive experience with businesses in the new media, telecommunications and
convergence sectors combined with our long-standing relationships and know-how in the
entertainment (also gaming), electronics, and financial services industries, is capable of
providing a critical link for companies that may have developed valuable content and
applications; but are keen on expanding their markets by infusion of fresh capital.
The team advices on whole range of legal and regulatory issues including:
Advertising, Media & Broadcasting laws, guidelines, rules and regulations
Registrations, licenses and compliances under the relevant regulations
cross-border transactions involving U.S and European studios, networks and other
content owners
Advice on structuring strategic alliances, acquisitions, production/financing and
distribution arrangements, joint ventures
Advice on public and private placements of debt and equity, foreign tax-advantaged
funds, securitizations, pre-sales of media and territorial rights and foreign sale and
leaseback transactions.
Advice and representation on regulatory matters
Advice on structuring media networks including assistance in setting up private cable
networks
Commercial litigation and litigation management in both domestic and international
forums, and in courts, administrative proceedings and arbitrations
General Corporate advice including structuring and formation of new entities in the
media sector, protection of IPR etc.
19. 19
INFRASTRUCTURE & PROJECT FINANCE
King Stubb & Kasiva has diverse infrastructure projects practice representing the length and
breadth of the industry including manufacturers, developers, lenders, financial institutions,
railroad services, highway development, natural gas transportation, distribution and sale, mining
exploitation, city water distribution and government agencies. Our Infrastructure Practice Group
works in close co-ordination with other practice groups in the areas of power, oil & gas, water
and ports, telecommunications, transportation, and project finance.
Our infrastructure projects practice is client driven, with teams capable of delivering advice
across the full spectrum of legal issues encountered in the infrastructure sector. We combine
legal expertise, appreciation of the industry's special needs, and an understanding of rapidly
changing technology and shifting market forces in order to meet the needs of our clients.
Our Project finance Group has experience in structuring and negotiating financing schemes for
various projects. This includes analyzing, preparing, and negotiating all related documentation,
including commitment letters, loan agreements, security documentation, trust agreements, and
other finance-related documentation.
The Firm’s Project Finance Practice Group have represented clients in a wide spectrum of
project and asset financing transactions including:
Drafting of Project documentations such as Power Purchase Agreement, the
Implementation Agreement, the State Guarantee, the Engineering Procurement &
Construction Contract, the Fuel Supply Agreement, the Water Supply Agreement,
the Coal Supply Agreement, the Shareholders’ Agreement, the Risk Management
Documentation for the allocation, management and mitigating of the project risks
Assisting developers, investors, underwriters, lenders, financial advisors,
multilateral institutions, contractors and governments.
Representations encompass the development, financing, construction and
operation of a wide range of capital intensive projects and facilities throughout the
world.
Advising power plants, toll roads, hazardous waste facilities, industrial plants,
pipelines, mines, telecommunications networks and facilities, transportation
systems and equipment, schools, hospitals, prisons, water supply and waste water
systems and other infrastructure projects.
Financing structures include traditional off taker-based project financings,
“merchant” structures, traditional leveraged leases, cross-border leases, joint
ventures and partnership arrangements, project leases and “genco” financings,
capital market offerings, and various combinations of these structures.
20. 20
IT, E- COMMERCE AND OUTSOURCING
The Firm’s lawyers are experienced in bringing the law, technology, and business together to
address clients' needs.
Whilst delivering solutions, the Information Technology Practice Group lawyers draw upon
expertise from firm attorneys who practice in corporate and transactional matters, intellectual
property, litigation , tax, and regulatory matters. This collaborative approach enables us to
provide practical, value-added counsel to our clients.
Our service offering are as follows:
Advice on software licensing, acquisition of professional services, ISP service agreements
Advice on electronic contracting, copyrights, privacy, security, on-line sales, and information
technology-related compliance and taxation issues
Advice on tax issues arising out of cross border electronic contracting Structuring
professional service agreements, NDAs
Negotiating electronic data interchange and integration agreements that help enable clients to
maintain the viability of their relationships with suppliers and customers.
Preparation and negotiation of procurement contracts, XML and EDI transaction agreements,
providing, providing counseling with respect to auctions and long-term sales and buyer
contracts and procurement disclosure.
Advice on privacy, encryption and security related issues
Litigating disputes arising out of technology-based disputes.
21. 21
REAL ESTATE
Our legal team at King Stubb & Kasiva possess strong local knowledge in the real estate sector
combined with a thorough understanding of the international legal environment, ensures we are
in an ideal position to assist clients with Indian interests. We have the specialist experience and
the depth of resource to advise on the most complex transactions and can help from the outset in
high-level decision-making.
King Stubb & Kasiva is able to serve its clients in all aspects of commercial real estate law. The
firm represents developers, investor groups, property managers, insurance companies, financial
institutions and other lenders. The Firm has been involved in a large number of matters relating
to real estate.
The Firm guides clients in the financing, construction, development and acquisition of various
projects, be it commercial, residential or industrial. We often act as local counsels for interstate
matters generally involving multiple properties in multiple jurisdictions. We offer specialized
services to our clients in matters of Real estate Financing and Acquisitions. With our contacts in
the Lending and other Financial Institutions, we are uniquely placed in recommending not only
potential joint venture partners, but also such other professionals who may prove helpful in
furthering any given project. With our experience in the field of commercial leasing, we can
assist our clients in not only negotiating and drafting various landlord and tenant leases but
representing them at various forums in the event of disputes arising in respect of such leases.
Our service offering are as follows:
Advice on structuring real estate investments including suitable entry vehicle
Assisting in the creation of Joint Ventures including drafting necessary documentation
Assisting in development of Townships, creation of Special Economic Zones (SEZ)
Lease and sale Documentation and Title Investigation
Structuring Asset purchase including drafting transaction documents [Asset Purchase
Agreements, Escrow Agreements etc.]
Advice on structuring Real Estate Funds including assistance in structuring , drafting the
Private Placement Memorandum and structuring relevant agreements
Advisory on day to day legal issues faced by real estate companies including but not
limited to advisory, problem solving, liaising with government and municipal authorities.
22. 22
TELECOM
We provide expert advice on regulatory issues, carrier and spectrum licensing, negotiation of
interconnection agreements. Further, commercial advice in relation to joint ventures and strategic
alliances, tenders and contracts for the acquisition and supply of telecommunications equipment
and carriage services are niche areas of our telecom practice. We draft and negotiate contracts for
building network and infrastructure. We also prepare and present submissions to the Telecom
Regulatory Authority of India (TRAI) and conduct arbitrations on behalf of carriers. Our work
spans the full range of corporate, transactional (including corporate and securities work),
regulatory, antitrust, technology/intellectual property and strategic advisory projects for a variety
of domestic and international carriers and other service providers, cable companies, broadcasters,
financial institutions, governments, regulators, user organizations, underwriters and financial
advisors. We serve a broad clientele in respect of global issues in each of the
telecommunications, broadcasting and new communications technology service and equipment
industries.
The Telecom Practice Desk work spans the full range of corporate, transactional (including
corporate and securities work), regulatory, antitrust, technology/intellectual property and
strategic advisory projects for a variety of domestic and international carriers and other service
providers, cable companies, broadcasters, financial institutions, governments, regulators, user
organizations, underwriters and financial advisors.
Our service offering are as follows:
Advising telecommunication companies on domestic and cross-border legal, tax and
regulatory issues relating to the provision of telecom services, including obtaining
relevant licenses and approvals for the same.
Foreign ownership limitations
Advising on the legal and regulatory regime for telecom and related services in India,
including advice on complex "techno-legal" issues relating to internet services, voice
over IP, internet telephony, unified messaging services etc
Drafting license/service agreements for our clients
Advising clients on the licenses required for offering its space segment capacity to Indian
customers and the legal and regulatory issues relating to the Telecom Regulatory
Authority of India (TRAI)
Negotiation of service agreements on behalf of enterprise customers
Handling all manner and size of mergers and acquisitions involving regulated entities
Regulatory initiatives affecting information services (including all manner of Internet
services)
Administrative and court litigation regarding compliance with government regulations
Advice on common carrier developments and their implications for financial institutions
and other investors
Structuring operations to minimize regulation where desirable and possible
Arbitrating interconnection agreements
Assisting in approval requirements for obtaining ILD licenses and other basic telephony
services.
23. 8 | P a g e
Contact us:
DELHI
J-14, Ground Floor
DLF Tower-A, Jasola
New Delhi-110027
Tel : +91 11 41318190, 41318191, 41032969
Fax: +91 11 41329569
E-mail: info@ksandk.com
BANGALORE
1A, Lavelle Mansion, 1/2, Lavelle Road
Bangalore-560001
Tel : +91 80 41179111, 41179222, 41179333
Fax : +91 80 88920280
E-mail : bangalore@ksandk.com
MUMBAI
1st Floor, Parinee Crescenzo, C38 & C39,
G Block, Bandra Kurla Complex,
Bandra (E), Mumbai – 400051
Tel: +91 22 33040610
Fax: +91 22 61554899
E-mail: mumbai@ksandk.com
CHENNAI
Old No 75/A, New No 76,
Ellaiamman Koil Street,
(Off. 8th Cross Street, Shastri Nagar)
Vannanthurai, Adyar,
Chennai 600020.
Tel: +91 44 45511798
Fax: +91 44 45511798
E-mail: chennai@ksandk.com