India – Exploring New Frontiers of Law and Technology

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

 

Tuesday, May 9, 2017

12:00 PM – 5:30 PM

 

VENUE:

Quadrus Conference Center

2400 Sand Hill Rd

Menlo Park, CA 94025

 

* An application requesting 3.25 hours of MCLE credit for this activity is pending for approval by the State Bar of California.

 

CONCEPT NOTE

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

Program

12:00 PM – 1:00 PM

Registration

  

1:00 PM – 1:15 PM

Introduction

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 issues.

    Net Neutrality and Free Data Methods

  • Developments in Information Technology policy

    Encryption

  • New age data privacy issues

Panelists

  • Jay Vijayan

    Founder and CEO, Tekion Corp

  • Maria Casillas

    President and Chief Compliance Officer, TimesofMoney

  • Saurabh Srinivasan

    Head of Corporate Development and Product Business Operations, Nutanix

  • Vaibhav Parikh

    Leader - Technology, Private Equity and M&A Practice, Nishith Desai Associates

  • Mihir Parikh

    Strategic Thought Leader, Nishith Desai Associates, and Adjunct Faculty, NYU Tandon School of Engineering

  • Jaideep Reddy

    Leader - Bitcoins and Blockchain Technology Practice, Nishith Desai Associates

 

 

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

Panelists

  • Tom Dennedy

    Partner, Artiman Ventures

  • David Back

    Co-founder - Zoomcar and Entrepreneur-in-Residence, Idein Ventures

  • Vaibhav Parikh

    Leader - Technology, Private Equity and M&A Practice, Nishith Desai Associates

  • Huzefa Tavawalla

    Leader - International Commercial Laws Practice, Nishith Desai Associates

  • Mansi Seth

    Leader - U.S. Office, Nishith Desai Associates

  • Aysswarya Murthi

    Leader - U.S. Corporate and M&A, Nishith Desai Associates

 

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

Panelists

  • Radha Basu

    Founder & CEO, iMerit

  • Huzefa Tavawalla

    Leader - International Commercial Laws Practice, Nishith Desai Associates

  • Aysswarya Murthi

    Leader - U.S. Corporate and M&A, Nishith Desai Associates

 

4:30 PM – 4:35 PM

Vote of Thanks

 

4:35 PM – 5:30 PM

Networking Reception

Speakers

David Back

Co-founder - Zoomcar; Entrepreneur-in-Residence, Idein Ventures

David co-founded Zoomcar, the first car rental company in India to focus on western style rentals (no chauffeur). It now has over 3,000 vehicles in about 20 cities. Zoom’s customers have taken almost 1 million trips, and driven a total of about 150 million kilometers – enough to drive every paved road in India about 45 times, or enough to drive to the Moon and back about 200 times. David received a J.D. from Harvard Law School, an M.B.A. from Cambridge University, and a B.A. from the University of Pennsylvania.

Jay Vijayan

Founder & CEO, Tekion Corp.

Jay is the Founder and CEO of Tekion, a next-generation enterprise software company. Prior to this Jay was the CIO of Tesla Motors for 4 years, where Jay was responsible for all of Tesla’s Information Systems including applications, infrastructure, network, operations and security. Jay led the transformation of Tesla’s Digital and Information Systems during the company’s very critical growth and extremely high ramp-up phase, from the time when the company had nearly no revenue through the growth to an annual revenue run rate of over 5 Billion dollars with a market capitalization of over 35 Billion dollars. During the period Jay and his team laid the foundation systems architecture and built all the core customer and corporate applications and systems infrastructure for Tesla, ground-up. In this process Jay and his team had built several best in class systems including Tesla’s e-Commerce, ERP, Service and Logistics systems that are simple, agile, flexible and custom fit to Tesla’s needs and a global organization to support it. Before joining Tesla Jay was heading the IT Business Applications organization for VMware. In that capacity, Jay led the Applications Development of all business applications for VMware during a period of dramatic growth for the company, as it jumped from 700 million to close to 4 billion in annual revenue during the period between 2007and 2012.

Radha Basu

Founder & CEO, iMerit

Radha Basu is the Founder and CEO of iMerit, and the co-founder of Anudip Foundation- iMerit’s sister foundation - a leading tech entrepreneur, and a pioneer in the Indian software business. Through iMerit and Anudip, Radha is committed to using her wealth of experience in technology management to holistically address one of the world’s most pressing challenges: youth unemployment. To date, iMerit has employed and skilled hundreds of marginalized women and youth in digital and data services. iMerit employees contribute to growing industries ranging from virtual/augmented reality, to the sharing economy, to e-commerce and financial services. Before founding iMerit and Anudip, Radha served as the Chairman & CEO of SupportSoft.She led the company through initial and secondary public offerings in 2000 and 2003, and built it into a worldwide market leader in support automation software. Prior to SupportSoft, Basu spent 20 years at Hewlett Packard. Her most recent position at HP was Senior General Manager of the Electronic Business Software Organization, which she grew to a global $1.2 billion business. Radha’s career at HP had begun as she founded the company’s operations in India in and set up the first software center of any multinational in Bangalore. Radha currently sits on the boards of NetHope, Jhumki Basu Foundation, and Santa Clara CSTS.

Tom Dennedy

Partner, Artiman Ventures

Tom focuses on both early and later-stage technology investments. Prior to joining Artiman Ventures in 2007, Tom was a Managing Director at Telesoft Partners, where he played an active role in more than 40 multi-stage investments and 30+ acquisitions and IPO’s. Before joining Telesoft Partners, Tom was an attorney in the Business & Technology Group of Brobeck Phleger & Harrison, LLP. At Brobeck, Tom’s general corporate and technology practice represented clients in networking, electronic commerce, software, and semiconductor industries, including venture capital and merger and acquisition work for companies such as Cisco Systems and E*Trade. Prior to Brobeck, Tom was a Captain in the U.S. Air Force, serving as a Project Officer in the Milstar Communication Satellite Joint Program Office. Tom received a J.D. from Stanford Law School, an M.S. in Electrical Engineering from MIT, and a B.S. in Electrical Engineering from the U.S. Air Force Academy.

Nishith Desai

Founder & Managing Partner, Nishith Desai Associates

Nishith Desai is the founder of the research-based strategy driven international law firm, Nishith Desai Associates, with offices in Mumbai, Silicon Valley, Bangalore, Singapore, New Delhi, Munich and New York. Nishith himself is a renowned corporate, international tax, IP lawyer, researcher, published author and lecturer in leading academic institutions around the world. Soon after India opened up its economy to the outside world in 1991, he established the first five India Focused funds and pioneered the roots of asset management industry in India and the firm has now worked for over 900 funds across all classes of assets. He, as the core member of Securities and Exchange Board of India’s committee, helped draft Venture Capital Fund (including Foreign Venture Fund) Regulations and Employee Stock Options Regulations.

Vaibhav Parikh

Leader - Technology, Private Equity and M&A Practice, Nishith Desai Associates

Mr. Vaibhav Parikh is the leader in charge of Mergers & Acquisitions and Private Equity Practice. He also heads the Bangalore office of the multi-skilled, research-based international law firm, Nishith Desai Associates. He also heads the Startups practice group. He is a member of firm’s executive committee. He has vast experience in corporate and technology transactions. He has advised several private equity and venture capital funds in their investments, specifically in e-commerce, technology, media and life sciences industry. He also has significant experience in M&A transactions including advising on one of the India’s largest e-commerce transactions till date. He has been passionately involved in setting up operations and advising several start-up companies. He works closely with Associations such as TiE and NASSCOM to create right ecosystem for startups. He is actively involved in the Intellectual Property Practice and is in charge of the Industry focus group for Technology sector. He has advised many leading Internet/e-commerce companies in their operations from a legal and regulatory stand point. He has been recommended as an outstanding lawyer in Tier one for Technology Media Telecommunication (TMT) and as an expert in TMT and competition law, by Legal 500 in 2015 and 2014 respectively. He has been ranked number one for Technology Media Telecommunication by Chambers and Partners in 2015. Chamber and Partners also stated that he is regularly sought after for his extensive experience in advising on technology matters, with an emphasis on corporate transactions. He has been nominated as a Leading Lawyer in Private Equity Practice by IFLR1000 in the year 2013. He has also been nominated as one of the world’s leading practitioners in ‘Who’s Who Legal’ for Regulatory Communications. He has authored several papers and lectured at several prestigious gatherings on a worldwide basis including at VCCircle and NASSCOM. He has represented NASSCOM at a WTO symposium at Geneva for presenting a paper on ‘Movement of Natural Persons’. He is a Charter Member of TiE, Bangalore Chapter.

Dr. Mihir A. Parikh

Strategic Thought Leader, Nishith Desai Associates

Dr. Mihir A. Parikh is Strategic Thought Leader at Nishith Desai Associates—a research-based, international law firm. He heads the firm’s initiative of setting up Palo Alto Center for Excellence (PACE) situated in the Silicon Valley and leads its Strategic Consulting practice. He also guides the firm’s research, innovation, knowledge management, balanced scorecard, and other strategic initiatives. He is also an adjunct faculty in the Management of Technology and Innovation department at New York University and teaches in graduate programs. He focuses at the intersection of strategy, technology, and law. With expertise in technology strategy, innovation management, and decision-making, he offers advisory services in using law as a strategic asset. As an active researcher, he has published over 35 refereed papers in leading journals and in the proceedings of prestigious national and international conferences. He has presented his research work at various forums in Denmark, Germany, Greece, India, Israel, Switzerland, Taiwan, the UK, and the USA. He has regularly consulted and provided executive education in the IT services, media, healthcare, financial services, and retail industries. While he has been associated with NDA for the past 25+ years, he taught at University of Central Florida in Orlando as tenured Associate Professor and at New York University’s Tandon School of Engineering (previously Brooklyn Poly—Polytechnic University) in New York as Assistant Professor. At NYU-Tandon, he was also the founding academic director of and instrumental in designing a cross-disciplinary Doctoral Program in Technology Management. He holds BE (Mechanical Engineering) from Gujarat University in Ahmedabad, MBA (Finance and Decision Sciences) and Ph.D. in Decision Sciences from Georgia State University in Atlanta. His Ph.D. dissertation – Adaptive Decision Support Systems – investigated the efficacy of artificial intelligence in financial decision-making.

Mansi Seth

Leader - US Office, Nishith Desai Associates

Mansi Seth leads Nishith Desai Associates’ practice in the US and is based out of New York. With expertise in international tax, Mansi focuses on cross-border individual and corporate tax planning, including mergers, acquisitions, joint ventures, private equity and venture capital investments and globalization. She assists individual clients with developing efficient international structures. Mansi also focuses on the Fund Formation practice at Nishith Desai Associates. She advises on structuring India-focused offshore and domestic private equity, venture capital and hedge funds. Mansi has assisted fund managers with formation, regulation and carried interest structuring issues. . Mansi is qualified to practice law in India and New York and has received her Master of Laws degree in Taxation from Georgetown University in Washington DC. She has presented in a number of international conferences and has been the recipient of the Tax Section scholarship of the International Bar Association.

Aysswarya Murthi

Leader - U.S. Corporate and M&A, Nishith Desai Associates

Aysswarya leads the Silicon Valley (Palo Alto) office of the firm and its U.S. Corporate and M&A practice. Her practice is focused on global M&A and strategic transactions, venture financings and advising on global IP and tax structuring for technology companies. Her clients are primarily U.S. companies and funds doing business in India and Indian companies and funds looking to expand into the U.S. market. She is also deeply involved with the India-U.S. start-up corridor and am working with several players to develop this ecosystem. She was earlier Counsel at Reed Smith in California and Partner at one of India’s largest law firms.

Huzefa Tavawalla

Leader - International Commercial law Practice, Nishith Desai Associates

Huzefa Tavawalla leads the International Commercial Law Practice at the multi-skilled, research based international law firm Nishith Desai Associates (www.nishithdesai.com). He is also a senior member of the TMT & Corporate Practice Groups and focuses on matters pertaining to Information Technology, Mergers & Acquisitions, Media & Entertainment, Telecommunication and International Tax. Mr. Tavawalla has been at the forefront of outbound and global M&A in particular project management for large cross border acquisitions. Further, he has advised on several cutting edge, complex and cross-border telecom and technology contracts. Mr. Tavawalla spent close to a year (2012) in Tokyo, with the largest Japanese law firm (Nishimura & Asahi) understanding insights on Japanese culture and cross border M&A. Further, Legal 500 (in 2013) accredited Mr. Tavawalla as “an accomplished professionalwith a deep understanding of M&A transactions”. In addition, Mr. Tavawalla has significant expertise in joint ventures, asset acquisitions and business transfers with a special focus on public private partnerships. Mr. Tavawalla continues to be closely associated with academics and is a regular guest lecturer at law school(s), industry associations and other education institutions. He is actively involved in addressing legal issues and has published various articles on the same with a focus on commercial laws. He has also lead the team for the research paper titled “Internet of Things: The Era of Convergence - Legal & Tax Issues” which was published by Nishith Desai Associates. Mr. Tavawalla also has a varied expertise in IP and commercial law matters not limiting to franchising, gaming, copyrights, animation, trademarks etc. Mr. Tavawalla earned a Bachelor’s degree in Law from the India Law Society’s, Law College, Pune and is also admitted to the Bombay Bar Association and the Bar Council of Maharashtra & Goa. He is a member of the International Bar Association (“IBA”) along with being a member of the Intellectual Property and Technology committee of the IBA. Mr. Tavawalla also holds various diplomas in subjects such as Corporate Laws, European Union Public Law, Cyber Laws and Humanitarian Laws.>

Jaideep Reddy

Leader - Bitcoins and Blockchain Technology, Nishith Desai Associates

Jaideep Reddy is a technology lawyer currently based in the firm’s Palo Alto office.He previously practiced law with a leading law firm in Bengaluru, India, advising technology companies and the investment funds that support them. At Nishith Desai Associates, he focuses on work along the India-U.S. corridor, advising multi-national companies onprivacy, cybersecurity, technology transactions, sectoral advice, and related issues.He is heavily involved with the firm’s bitcoin and blockchain practice, being quoted in leading financial dailies on the subject, and leading the team engaged by the industry toframe self-regulations for the sector. He has co-authored firm publications on topics such as augmented reality, blockchain technology, IP and competition, and procedural justice, in addition to his independent writing, which has appeared in the Berkeley Technology Law Journal and other publications. Jaideep graduated in May 2016 with a Masters in Law (Law and Technology Certificate,High Honors and Honors) from the University of California, Berkeley School of Law. >

Partners

 

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.


TiE (The Indus Entrepreneurs) Mumbai is one of the most vibrant and fastest growing entrepreneurial ecosystems in the TiE Network, the world’s largest non-profit global network of entrepreneurs and professionals dedicated to the advancement of entrepreneurship. With a fast growing Membership, TiE Mumbai offers a reach resource pool to an Entrepreneur.

TiE Mumbai fulfills its mandate of ‘fostering entrepreneurship’ through educational, mentoring, inspirational and networking programs mapped to each stage of the entrepreneurial lifecycle.