The Contours of Conducting Internal Investigations in India

 

Wednesday, May 16, 2018

Breakfast Session: 8:30 Am - 10:00 AM (SGT)

Venue: Gilmour Room, Singapore Cricket Club, Singapore

 

Introduction

Red flags raised by whistleblowers, triggers of misconduct, harassment, fraud, bribery, breach of confidentiality, forgery, fund embezzlement – and the list remains endless for a company. The common question that lingers is – can they be avoided?

With the myriad laws and policies in place, it is indubitable that corporates have been striving towards an effective enforcement ecosystem. Nevertheless, the onus remains on them to tackle complaints and similar reportings – both internal and external, which are placed before them. Herein, internal investigations help in mapping out the possible courses of action, which may be required, pursuant to a fully-informed decision.

Join us on May 16th, 2018 for a breakfast seminar at Singapore Cricket Club where professionals specializing in white collar and internal investigations in India will discuss the legal framework and the procedural intricacies to ensure that companies - Stay Alert! Stay Ahead!

Focus Area

Internal investigations are the forerunners in nipping the evil at the bud before it is aggravated or there is an unanticipated reporting by whistleblowers with the authorities, and are effective vaccines against unwanted and embarrassing raids and searches by authorities. Most importantly, a timely internal investigation would also demonstrate good housekeeping action and therefore may operate as exclusion of the company from any kind of accusation that might have been raised against the company. Further, this would greatly assist in limiting claims and gearing up against potential liability.

The discussion will focus on:

  • Choosing the appropriate investigation team – engagement of forensic and cyber security experts etc.

  • External lawyers v. in-house counsel, and privileged communications

  • Collation of information

  • Guidelines for conducting investigations and structuring the scheme of conducting investigations

  • Steps for companies to ensure appropriate legal support and strategy

  • Preparation of investigation reports

Speakers

Vyapak Desai

Leader, International Litigation & Dispute Resolution Practice

Nishith Desai Associates

Vyapak Desai leads the International Litigation & Dispute Resolution Practice at Nishith Desai Associates. Vyapak is also a Senior Attorney in the Corporate and Securities Practice group at the firm. Vyapak holds a Bachelors degree in law and a Masters degree in Commercial Laws.

Vyapak is a Co-chair- Council of MCIA, Director of CIArb India Branch. He is listed on SIAC Panel of Arbitrators, LCIA Database of Arbitrators and BVI IAC Panel of Arbitrators.

Vyapak represents clients in a wide-range of services with a special focus on cutting edge cross - border and complex litigations in various courts in India and abroad including disputes related to shareholders agreements, international trade , oil & gas, infrastructure and construction, investment treaty involving international commercial arbitrations.

Vivek Kathpalia

Head of Singapore and Leader of the TMT and Corporate Practice

Nishith Desai Associates

Mr. Vivek Kathpalia heads the Singapore office of the multi-skilled, research-based international law firm, Nishith Desai Associates (www.nishithdesai.com). He globally leads the firms International Commercial Law Practice Group. He also is a leader in the M&A & PE practice group at the firm.

He globally co-leads the Information Technology, Telecommunications, New Media and Education Industry Practice Groups. He holds numerous management positions in the firm. Vivek divides his time between Singapore and India.

Vivek advises clients in complex cross-border transactions including, technology deals, M&A, private equity investments, regulatory & commercial matters across various industry sectors. As the partner in charge of the Singapore office, he leads the firm’s various initiatives in Asia and Japan.

He actively writes articles and papers in the Indian and foreign press and is often invited to speak at conferences both in India and internationally.

Vivek earned a Bachelor’s degree in Law from the Government Law College, Mumbai and is a Solicitor affiliated with the Bombay Incorporated Law Society. He is a member of the Bombay Bar Association, Bar Council of Maharashtra & Goa & the International Bar Association. He is a registered foreign attorney in Singapore since 2007.

Moazzam Khan

Head, Global Litigation Practice

Nishith Desai Associates

Moazzam Khan heads the Global Litigation Practice at Nishith Desai Associates (NDA) and also heads the HR Litigation Practice at the firm.

He represents clients across various sectors and industries including Manufacturing, IT, Hospitality, Funds, PE, Aviation etc. His forte has been advising clients on various cross-border litigations and international commercial arbitrations, (either institutional and ad-hoc) with a special focus on investment related disputes.

Moazzam was recently awarded the Young Achiever Award in India Legal Awards by a jury comprised of legal luminaries including Mr. Soli Sorabjee (Padma Vibhushan; Former Attorney General), Mr. Tushar Mehta (Addl. Solicitor General of India), Mr. Lalit Bhasin (President Bar Association of India; Managing Partner Bhasin & Co.,) etc.

RSG India Report 2017 recognizes Moazzam recognizes Moazzam as an ‘impressive advocate’, ‘experienced’ and ‘knowledgeable’.