Recent Notable Transactions

Some of the notable transactions on which Halder & Associates have recently advised/advising are as follows:

Renewable Energy

  • ADB has committed USD 500 million for solar projects in India. We are advising ABD (long term contract) on all solar projects that it is funding through this USD 500 million commitment in India.
  • State Electricity Regulatory Commission on 200 MW rooftop solar projects in India. Advising on all aspects of the transaction including regulatory aspect, structuring of the transaction, bankability issues, drafting of the bid documents (RFP, PPA).
  • Malaysian Company on acquisition of 3 solar projects. Advised on due diligence, structuring of equity & debt investment in India, and drafting of transaction documents.
  • Chinese SOE on joint development of 1600 MW power project (USD 3 billion). Advised on investment structuring and project development contracts (PPA, EPC, land).
  • International Developer on an offshore wind power project in India. Advising on all aspects of this project.
  • Alstom on the development of a rooftop solar project in India. Advising on regulatory aspects of the solar project and the PPA.
  • Climate Policy Initiative, a US-funded multilateral, on renewal energy projects in India.

Infrastructure

  • ADB on healthcare PPP project in India. Advising on the structuring of different models of healthcare PPP projects in India, bankability analysis of these models, and drafting of bid documents and healthcare PPP/model concession agreements.
  • IFC on development of USD 1.3 billion Clark International Airport on PPP basis. Advised on structuring, drafted the EPC Term Sheet, EPC Concession, O&M Term Sheet, and O&M Concession, responded to and negotiated with bidders for both the EPC Concession and O&M Concession and carried out associated work up to award and execution of both scopes of the project.
  • NASSCOM (first of a kind PPP project) on implementation of the Government of India skill development program through PPP structure. Advice on the (i) overall project structure, (ii) bankability issues, (iii) liability issues, (iv) contractual structure – multiple contracts with multiple private parties will be entered into by NASSCOM for implementation of this project, (v) funding and payment structure – how the funds will follow from the government to the various private sector participants and users. The method of funding of this project, and (vi) drafting and advise on the concession agreements and private sector agreements.
  • China Harbour on a national highway project in India. Advised on the road concession agreement.
  • Indian Entity on the acquisition of port in India. Advised on the concession agreement, sub-contracts, operation & maintenance agreement.
  • Real Estate Developer on the development of residential properties in Uttarakhand. Advised on the structuring of the transaction, financing, and construction contracts.

M&A, Joint Venture, Restructuring

  • Fujitsu on restructuring its business in India. Advised on the restructuring structures, implementation of the identified structure, drafting of the transaction documents for restructuring, and general corporate advisory on the transaction.
  • Biotechnology Company on acquisition of a pharmaceutical manufacturing company in India. Advising on the structure of the investment, legal due diligence, and drafting of the transaction documents.
  • Private Equity Fund on investment in a cryptocurrency company. Advising on the structuring of the investment and drafting of the transactions.
  • Multiple International Companies and Funds on (i) acquisition and investment in Indian companies and (ii) India leg of global acquisition transactions including on legal due diligence of the Indian companies, advice on Indian laws, and drafting/review of transaction documents.
  • Low-Cost Housing Development Company on raising investment for its housing projects in India. We advised on the joint investment and development agreement.

Technology, Data Protection, Fintech

  • Casa de Bolsa Finamex, a Mexican company, on (i) data protection, (ii) data transfer, (iii) policies, procedure and security measures to be maintained by Indian companies, (iv) requirements in the event of data breach, (v) sanctions under Indian laws, (vi) regulation on financial data, and (vii) regulations applicable to hosting providers, cloud computing services providers, and other similar service provides.
  • American Data Centre on data protection laws in India (including RBI regulations) including compliance requirements for data protection, consequences for breach of personal data and financial data, processing of personal and financial data, and transfer of personal and financial data outside India.
  • American Company on access to personal data from outside India without the required approvals under India laws for access/transfer of data outside India, and associated consequences.
  • American Company/bank on outsourcing of functions including financial functions, data processing, and other activities of the financial institutes.
  • NASSCOM on B2B skill development program. Advised on the structure, data protection, market place model, IP, and drafted and negotiated the transaction documents including platform development contract.

Labour Law/Compliance

  • US Company on (i) drafting of an employee handbook, (ii) drafting of employment and bond agreement, (iii) advice on salary notification and salary increase related issues, (iii) advice on labour laws on work from home, and (iv) covid-19 and employment contract related issues.
  • Fujitsu on employment law related matters for its Indian operation.
  • Global Consultancy Group on labour laws in India.
  • Swiss Company on employment and whistleblower laws in India.

Litigation & Arbitration (including Electricity, CCI, Company Law Tribunals)

  • Government discoms and transmission companies in electricity disputes pertaining to tariff, capital charges, etc. before CERC, APTEL & Supreme Court.
  • ONGC Videsh in an arbitration dispute with a private contractor.
  • Department of Transport, GNCTD in various arbitration disputes with private concessionaires.
  • Pennar Industries Ltd in an arbitration dispute with a supplier.
  • NDMC in several arbitration disputes with private contractors including Simplex Projects Ltd.
  • IBM in their arbitration dispute with Videocon.
  • Myhome Industries Ltd in Supreme Court in a real estate dispute.
  • Jayabheri Properties Pvt. Ltd in Supreme Court in a criminal proceeding.
  • Govt of Delhi in Supreme Court and Delhi High Court in the matter of CAG audit of discoms in Delhi.
  • ONGC Videsh and Oil India in various matters before Delhi High Court.
  • Delhi Tourism Corporation in Delhi High Court against Gammon India Ltd in S. 34 proceedings for setting aside of arbitral award.
  • Competition Commission of India in appeal before NCLAT against Goa Chemists & Druggists Association under Competition Act.
  • Pennar Industries Ltd. in NCLT against Moser Baer under S. 9 of IBC.
  • Pennar Industries Ltd. in NCLT against Lanco Infratech under S. 9 of IBC.
  • Maharashtra Tourism Development Corporation in NCLT against private concessionaire Ms. Luxury Trains Pvt. Ltd. under S. 9 of IBC.

Intellectual Property Rights

  • NASSCOM on IP strategy: Creating, maintaining and prosecuting trademark portfolio.
  • Bennet, Coleman & co. (Times Group) on trademark strategy as regards a competitor.
  • Quickcompany.in in a copyright infringement action for copying source code. This is one of the few cases in India involving software copyrights.
  • Prosecuted and obtained more than 1000 trademarks for individual clients in the past year.
  • Multiple Start-Ups on obtaining patents for software-based inventions.