India

Cooley's India practice reflects the increased prominence of India in the technology sector. Our attorneys have an in-depth understanding of American technology and venture capital communities; and they are familiar with the legal and business opportunities and challenges presented by U.S.-India business transactions due to their efforts on behalf of many Cooley clients.

Through our India-focused work, we have developed working relationships with a number of the best law firms in India, and we regularly collaborate with them when representing our clients in India-related matters. Moreover, we receive regular advisory memoranda from a number of these firms, which further enable us to keep up with the cutting-edge regulations and decisions that impact companies doing business in India.

We represent our U.S. clients through the entire lifecycle of Indian operations, including negotiating and preparing outsourcing or BOT (Build, Operate, Transfer) agreements, setting up wholly owned subsidiaries, establishing local joint venture companies and terminating such arrangements. Often these matters entail complicated ancillary considerations, such as intellectual property protection, tax holiday program participation, stock option issuances and employment-related matters. Similarly, we represent Indian clients in the formation and operation of affiliated companies in the U.S.

In addition to our work related to India operations, we have assisted clients with making direct and indirect venture capital investments into Indian companies. Indirect investments are often made through holding companies located in other countries, such as Mauritius, Cyprus and Singapore, and frequently include setting up business entities in a variety of jurisdictions. We have also handled the formation of a number of India-focused venture capital funds.

Over the last few years, it has become more commonplace for U.S.-based companies to acquire Indian companies or vice-versa. Such transactions take many forms and can become complicated by exchange controls, tax regulations and restrictions on direct investment. Working in conjunction with Indian counsel and utilizing our experience in such matters, we help clients structure these transactions to minimize the impact of the complications.

Related Practices

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