LITIGATION AND DISPUTE RESOLUTION
ORTIS has profound expertise in handling complex and multi-jurisdictional civil, commercial and criminal disputes across various fora, including – Supreme Court of India, High Courts of various States, District Courts, Arbitral Tribunals, National Company Law Tribunal, Banking Tribunals, Competition Commission and Consumer Protection Fora. ORTIS team is uniquely placed to handle work seamlessly nationally and worldwide.
The experienced attorneys retained by ORTIS specialize in trial prosecutions and possess a rare combination of understanding industries from a technical as well as commercial standpoint, which helps the firm, prosecute different forms of disputes. The Firm is often referred for trial prosecution by law firms in India and abroad.
The practice of ORTIS extends to all areas of disputes, like disputes relating to transactions of merchants, bankers, construction & infrastructure contracts, franchising agreements, joint venture agreements, shareholders agreements, share subscription agreements, technology development agreements, and other commercial disputes, intellectual property rights matters.
ORTIS is also actively involved in disputes concerning constitutional laws and other legislations like rent control laws, property laws, succession laws, amongst others.
Backed by the experience of Sandeep Grover and Aditya Nayyar in Delhi, and Nirali Oza in Ahmedabad, ORTIS has stitched a niche reputation for advising and strategizing litigations for corporates of all sizes, start-ups and individual entrepreneurs.
ORTIS team also has an extensive experience in representing its international and domestic clients in all type of criminal disputes at PAN India level. The team comprises of efficient professionals and qualified advocates, who have excellent skills to handle cases of criminal and quasi-criminal nature, including white-collar crimes, defamation, economic offences, insider trading, corporate frauds, market manipulation etc. ORTIS team is well equipped to handle critical aspects and consequences that form a part of criminal litigation.
ORTIS also advises and represents its clients with all aspects of consumer law on pan India level, starting from the District Forum(s), State Commissions, NHRC, NCDRC to the Supreme Court level. Some of the key services provided by ORTIS are:
- Providing end-to-end legal services to corporates, from customer relationship level to handling matters before the consumer forums.
- Drafting and vetting of agreements pertaining to consumer services.
- Legal advice on all consumer protection issues, including issues pertaining to product liability, warranty claims; e-commerce, false or misleading advertisements.
RESTRUCTURING AND INSOLVENCY
ORTIS team regularly advises and represents its clients in matters pertaining to insolvency and bankruptcy, mergers and demergers, debt restructuring and other related issues. ORTIS team also caters to needs of corporate creditors (financial and operational), resolution professionals and corporate debtors on insolvency procedures. ORTIS team regularly advises and represents its clients in relation to the following:
- Various aspects of proceedings under the Insolvency and Bankruptcy Code, 2016 related to Corporate Insolvency Resolution Process and liquidation process.
- Drafting, filing and contesting various applications, petitions, appeals and writ petitions on behalf of creditors, resolution professionals and corporate debtors before the NCLT, NCLAT, High Courts and Supreme Court.
- Structuring, negotiating and drafting solutions with respect to corporate debt re-structuring, including schemes of mergers and amalgamations, demergers, slump sales, change in capital structure, shareholding and securities transfer, subscription and allotment of various equity/debt instruments, asset sale purchase, etc.
Lawyers at ORTIS have previously advised and represented various clients in relation to schemes of mergers and demergers under the provisions of the (Indian) Companies Act. This includes:
- Advising and preparing scheme of amalgamation for one of the most popular e-commerce Company based out of India and successfully representing the Company before the High Court of Delhi.
- Advising and representing a famous online marketplace and classified advertising Company in relation to merger and amalgamation proceedings before the National Company Law Tribunal, Bengaluru.
- Advising and preparing schemes of demerger for a widely known Indian conglomerate involved in construction, power and real estate and a well-renowned real estate advisor.
ORTIS is presently representing a Resolution Professional of one of the biggest steel companies undergoing insolvency in a Writ Petition filed before the High Court of Delhi, where issues pertaining to interpretation and interplay of certain IBC provisions and circulars issued by IBBI, are under challenge. ORTIS is also representing one of the world’s largest electronics company in an appeal filed before NCLAT where issues pertaining to jurisdiction of NCLT as well as certain provisions relating to set-off, are involved.
ORTIS is also contesting several petitions (under Section 9 of the IBC) and appeals on behalf of creditors before the NCLTs and NCLAT. Recently, ORTIS also successfully represented the biggest airline company of India in the ongoing insolvency proceedings against Jet Airways and ensured successful results for its client.
CORPORATE, COMMERCIAL AND M&A
ORTIS corporate practice provides a wide range of transactional and legal advisory services concerning day to day business, regulatory and corporate governance issues. Our team advises companies, funds, directors, shareholders, partnerships, limited liability partnerships, trusts and other business entities on the following:
- General Corporate and Commercial, including structuring and setting up operations in India, advice on day-to-day legal issues concerning business affairs, drafting of various commercial contracts and documentation, advice on companies’ law, foreign exchange management laws and statutory and regulatory compliances;
- Comprehensive legal due diligence across various industries and business;
- Mergers and Acquisitions transactions including structuring, drafting and negotiating the transaction documents such as term sheets, MOUs, share purchase agreements, business transfer agreements, assistance with closing and advising on legal and compliance issues involved in the transaction;
- Investment transactions including advising investors or investee entities from the term sheet stage till closing of the transaction, specifically assisting clients with the due diligence of the investee companies, negotiation and drafting of the transaction documents and providing overall transactional support;
- Advising on joint venture and strategic alliances including advising on all stages of the transaction from incorporation of the joint venture company, exit options and winding up;
- Banking and Finance, including structuring and documentation of financing transactions, debt restructuring and external commercial borrowings.
ORTIS provides its advise to clients across a variety of sectors, including manufacturing, healthcare, hospitality, e-commerce, non-banking financial companies, real estate and technology.
INTELLECTUAL PROPERTY RIGHTS
The practice of ORTIS extends to all areas of intellectual property rights, including patents, trademarks, copyrights, designs and other related matters.
ORTIS team helps companies establish, monitor and enforce their intellectual property rights. Recognizing that intellectual property is one of the most valuable assets, ORTIS team alongwith its international business and legal network, has the resources to advise and represent on all forms and aspects of intellectual property law and protect intellectual property, regardless of its origin.
ORTIS understands the importance of competitive advantage and thus, offers a full portfolio of intellectual property services, including:
- Representing clients in their intellectual property rights disputes
- Procurement of patent, design, trademark, copyright registrations in India
- Civil and criminal enforcement of intellectual property rights
- Contentious IPR matters, including pre-grant and post-grant oppositions, patents and copyright cancellations
- Maintenance and renewal of IP assets
- Transactional and commercial matters related to intellectual property including assignment, licensing/franchising, technology etc.
IT, TELECOMMUNICATIONS & MEDIA
ORTIS has successfully carved a niche for itself with respect to the Information Technology, Telecommunications & Media sectors.
With clientele extending to both domestic as well as international corporations, our team offers myriad services to, amongst others, one of the biggest global electronics and technology companies based out of Korea, one of the biggest Indian online market places and classified advertising platform, one of the leading developers of technology solutions for the diamond industry based out of Israel, an Indian IT solutions company providing integrated Business Process Management Technology and Digital Services and Solutions.
In addition to the above, our team of lawyers have also previously advised and represented the world’s largest company providing social media networks (including instant messaging platforms) based out of the United States of America, one of the largest Indian phone manufacturers, as well as one of India’s largest telecom companies.
Our team regularly represents numerous clients before various fora across India in various proceedings initiated in relation to the violation of contractual stipulations and payment obligations concerning the transfer/licensing of technology, intermediary obligations under the Information Technology Act, 2000, data privacy and data protection, etc.
ORTIS offers its expertise to its clients to ensure that they are compliant with the existing data protection laws, including Information Technology Act, 2000 and Rules/ Guidelines framed thereunder.
EMPLOYMENT & LABOUR LAWS
The Employment and Labour Laws practice of ORTIS consists of a dedicated and focused team with extensive experience in advising clients from varied sectors on employment, labour related issues and employee benefits.
ORTIS exercises its specialized expertise to ensure that its clients and their policies are always compliant with the rapidly changing and evolving employment and labor laws of the country.
ORTIS team advises clients on the following:
- Pre-dispute advisory, crisis management and reputational management
- Drafting of all service-related agreements
- Advise on contentious and non-contentious employment and partnership matters
- Advisory for internal disciplinary and grievance issues, including investigation support for adverse incidents pertaining to termination of employee, employee fraud, sexual harassment etc.
From individual employee disputes, workplace or policy issues, to investigations and employee retention, retrenchment and restructuring, ORTIS helps clients across sectors to identify, plan and implement effective risk minimization strategies. Our team further helps its clients navigate through complicated labor issues, and handles highly sensitive matters before various labor forums, courts and regulators.