Save The Date

India – Exploring New Frontiers of Law and Technology

E-commerce | IoT | New Media | Medtech | Fintech | Edtech


Tuesday, May 9, 2017



Quadrus Conference Center

2400 Sand Hill Rd

Menlo Park, CA 94025



Demonetization has resulted in the Indian economy shifting to a more digitized structure. As a result, the Indian technology industry is undergoing several changes along with strategies being adopted to grow revenues from such digitization. Global technology researcher “Gartner” has predicted that spending on information technology in the Indian IT industry would go up by nearly seven per cent to $72.4 billion in 2017. Although the introduction of new visa / immigration rules may create hurdles, it is also expected to provide opportunities for certain sectors.

Further, the Indian private, public and government sectors have been making use of digital technologies like the Internet of Things (IoT), cloud computing and virtual currencies in traditional strategic areas such as manufacturing and power, but are now well-poised to succeed in domains such as smart cities, healthcare, water, education and agriculture. This is due to the shift of the focus of the Indian economy to digitization and the proliferation of digital inclusion by the Indian government.

As a result several new legal and policy issues have emerged which need to be addressed with adequate legal and legislative steps.

Key questions that emerge: What are the developments being undertaken in furtherance of the digitization of the Indian economy, what are the key intellectual property and human capital issues in the technology sector with regard to setting up and operating captive units in India, and what are the emerging and innovative deal trends and structures for Mergers & Acquisitions (M&A) in India?

We, at Nishith Desai Associates, in partnership with U.S. and India industry bodies, including the U.S.-India Business Council (USIBC), are hosting this seminar to highlight and share insights on the above issues.

Speakers will include executives at technology companies, investment funds, and senior lawyers from the firm. The detailed agenda is below.

Suggested NDA Literature


12:00 PM – 1:00 PM



1:00 PM – 1:15 PM


Nishith Desai, Founder and Managing Partner, Nishith Desai Associates


1:15 PM – 2:15 PM

Panel I – Developments and Trends in Digitization of Indian Economy

  • Demonetization and its impact on Digital Payments

    Law and policy issues: Carrier billing, e-wallets, government schemes for financial inclusion.

  • Digital Inclusion – methods of internet proliferation. Legal and policy issue

    Net Neutrality and Free Data Methods

  • Developments in Information Technology policy


  • New age data privacy issues


2:15 PM – 3:15 PM

Panel II – Innovative Structures & Emerging Deal Trends

  • Establishing Indian Presence: Emerging Routes

    Use of LLPs in captives

  • Innovation in Structures

    Impact of International Tax Treaty Amendments & Other Recent Developments

    Importance of Hybrid Instruments & Exploring Alternate Investment Jurisdictions

    Globalizing Indian Business before Acquisition

  • Deal Trends

    BOT and Staggered Buy Outs

    Increase in Data Centers / Captives

    Hybrid Acquisitions

    R&D Centers

  • Case studies


3:15 PM – 3:30 PM

Coffee Break


3:30 PM – 4:30 PM

Panel III – India Tech: Key IP & Human Capital Issues

  • Cross Border Transactions

    Ascertaining Chain of Title & Challenges

    Limitations on Transfer

    Emergence of Data Privacy & Local Jurisdictional Issues

  • Human Capital

    “Hire & Fire – Not Permissible” and Related Deal Impact

    Talent Acquisition – Favored Modes of Transfer

    Successor Liabilities & Risk Mitigations

  • Case studies


4:30 PM – 4:35 PM

Vote of Thanks


4:35 PM – 5:00 PM

Networking Reception



The U.S.-India Business Council (USIBC) is the premier business advocacy organization representing America's top companies investing in India, joined by global Indian companies, with an aim to deepen trade and strengthen commercial ties.

At the behest of the Governments of India and the United States, USIBC was formed in 1975 to enlighten and encourage the private sectors of both countries to enhance investment flows. The Council’s primary mission is to serve as a direct link between business and Government leaders, resulting in increased trade and investment to strengthen ties between the two nations.

Ajay Banga, President & CEO of MasterCard, serves as the current Chairman of USIBC. The Chairman is supported by USIBC’s prestigious Board of Directors, representing decades of experience investing in India and Indian companies.

The Council is headquartered in Washington, D.C. with regional offices in New York, California and New Delhi.