practice areas
Corporate Commercial & Strategic Collaborations
We focus on acting for clients engaged in different sectors and we are at the forefront of the legal market when it comes to advising on strategically significant agreements and transactions.
EMPLOYMENT, POSH AND LABOUR LAWS
We have an established practice in employment and labour laws, wherein we assist our diverse clientele in their drafting and negotiation of agreements and employment -related compliances, and internal rules and policies in compliance with the various employment laws.
Media and Entertainment
Over the past couple of years, the media and entertainment business have witnessed tremendous growth and as an active player in the field of media and entertainment, we have developed a well-known vertical with a leading practise in these areas.
Sports and E-Gaming
Over the past couple of years, the sports and gaming business have witnessed tremendous growth and as an active player in the field of sports and gaming, we have developed a well-known vertical with a leading practise in these areas.
TECHONOLOGY LAW PROFILE
The firm’s technology vertical has extensively advised clients in various sectors (like pharma, fintech, multi-brand store operations, fin-tech, cloud kitchens, health-tech, ed-tech, B2B/B2C e-commerce, electric vehicles cab aggregation etc.,) on business structuring, day to day operations, contracts and fund raising, among other things.
INVESTMENTS
As one of the most recognized law firms in India advising on the complete spectrum of investment transactions – venture capital, private equity, venture debt and fund formation – we are extremely familiar with market deal terms, structures and trends (and the pitfalls to avoid!).
Merger & Acquisition (M&A)
We offer an agile and tailored approach to all stages of M&A transactions. We present an integrated, experienced team with a real aptitude for providing specialist and strategic legal support to companies undertaking the complex and risky business of M&A transactions.
DISPUTE RESOLUTION
Our clients come to us with certain expectations and that’s exactly what we work hard to deliver every time. We guide our clients from the very start of the dispute to assess your risk and help you avoid costly litigation by developing a pre-litigation strategy and negotiating the settlement through discussions.
CORPORATE COMMERCIAL & STRATEGIC COLLABORATIONS
We focus on acting for clients engaged in different sectors and we are at the forefront of the legal market when it comes to advising on strategically significant agreements and transactions. Our sector approach means we have a deep understanding of how businesses work and understand the key business drivers applicable to our clients’ sectors. This enables us to guide you through the entire lifecycle of your business, providing practical legal solutions to practical business challenges. A high proportion of our lawyers have extensive corporate commercial experience, the result of which is that such commercial lawyers better understand the practical application of law and also understand the pressures that affect you. Clients come to us to act not only as expert technical lawyers but as ‘trusted advisors’ who support the business as a whole and help them to achieve its objective.
Licensing and other technology transactions represent a critical component of any comprehensive monetization program relating to entity’s intellectual property rights. These transactions generate significant economic value, leading to strategic growth and other competitive advantages when effectively structured and executed. Our technology practice is at par with global standards in offering legal services to leading-edge transactions in the technology realm. We have advised and assisted start-ups with drafting and negotiating of technology transfer and licensing agreements, research and development agreements, royalty agreements, product and equipment sales distribution, manufacturing and supply agreements, reseller agreements, software license and subscription agreements, technology escrow agreements and procurement of open-source software and further assist with implementing best practices and contractual safeguard policies for an organization. We further advise our clients on legal compliances applicable to them, including intermediaries’ obligations, laws regulating online content, e-commerce regulations, data privacy, and cybersecurity laws.
The Corporate Commercial team at Burgeon Law also provides innovative solutions to clients involved in distressed company situations, allowing clients to enhance value, minimize costs and properly position themselves for the future. We represent troubled
companies, boards of directors, management, owners, creditors, lenders, investors and acquirers in strategic business restructuring transactions, including financial recapitalizations and business reorganizations.
Strategic collaborations, tie-in agreements, licensing and arrangements of similar nature involving revenue/royalty sharing is generally considered to be complex and risky business as it involves not only the practical application of law but also the practice insight of the market trends and business structures generally implemented worldwide to ensure the smooth and successful execution of such transactions. We present a specialized team with a real aptitude for providing specialist and strategic legal and commercial structuring inputs and support to companies undertaking such complex strategic deals and collaborations. Built on exceptional legal expertise with a strong multiple sector focus, we are specialists advising in industry sectors where technology, regulation and intellectual property are key. We represent parties, including large multinationals to SMEs, domestic and cross border, handling all manner of private strategic collaborations, revenue sharing and technology licensing transactions. We offer advice throughout the entire transaction cycle, from strategic planning and structuring, and deal implementation through to closing integrations and life cycle of the collaboration/partnership.
In relation to infrastructure/projects, we have a team which has a remarkable experience in leading transactions encompassing the energy, infrastructure and natural resource sectors. We have advised investors, project developers, suppliers/contractors (both onshore and offshore) on diverse commercial / transactional issues and all aspects of market structures, competition, performance standards and tariffs. Additionally, our team has deep experience in advising clients on various aspects of investment, financing and development of infrastructure projects and manufacturing facilities. We have also advised on various PPP projects, both in India and overseas, in the transportation, healthcare, housing and urban infrastructure sectors.
EMPLOYMENT, POSH AND LABOUR LAWS
We have an established practice in employment and labour laws, wherein we assist our diverse clientele in their drafting and negotiation of agreements and employment -related compliances, and internal rules and policies in compliance with the various employment laws.
We have a strong foundation in structuring, drafting and negotiating employment related agreements such as consulting agreements, secondment agreements, termination and separation agreements, personnel policies, employee incentive plans and schemes.
Our experienced team regularly offers advice on a range of employment-related subjects, such as business sales or acquisitions, employment related policies and employee benefits, including incentive based schemes, as well as issues concerning discrimination and harassment. We regularly provide
advice on legal and regulatory issues such as non-compete and its enforceability and strategic advice concerning protection of confidential information, intellectual property, data protection and privacy concerns.
We also provide and conduct various POSH and workplace ethics trainings for our clients, whereinwe provide training sessions to make the clients understand the legal ramifications of POSH and other relevant laws, along with the appropriate safeguarding process and compliances. We further provide carefully written POSH policies and internal rules governing the clients in compliance with applicable laws.
Our services also offer assistance with whistle blower complaints, grievance redressal mechanisms, workforce and corporate structuring, including health and safety-related policies and concerns, and other similar employment related issues. We routinely provide legal strategies to meet our client’s day-to-day needs while keeping them out of the legal weeds.
Media and Entertainment
Over the past couple of years, the media and entertainment business have witnessed tremendous growth and as an active player in the field of media and entertainment, we have developed a well-known vertical with a leading practise in these areas.
We’ve assisted companies engaged in the business of digital entertainment in India, in their Seed and Series A fundings, for their VOD/ SVOD businesses. The deals involved creation of separate entities (joint ventures, wholly owned subsidiaries etc.) for the consolidation of revenues to be generated through the VOD/ SVOD business, corporate advisory on related tax implications and the subsequent structuring and negotiations of multiple commercial agreements (Production Agreements, Content License Agreement, Advertisement and Product Placement Agreement, Memorandum of Understanding and other corporate documents) in relation to the licensing and advertising of the VOD/ SVOD business.
We represent clients ranging from OTT platforms to Production Houses to Artists (influencers, seniors and celebrity artists). We frequently act as legal counsels for advising, structuring, negotiating, and closing of various commercial agreements, such as production/co-productions agreements; collaboration and royalty share agreements with artists; writers agreement, music, lyricist and singers agreement; mentor agreements, contestant agreements, casting agreements, crew agreements, advertisement and product-placement agreements; vendor agreements and the closing of entire gamut of all corporate and commercial transactions with the specific aim to protect the intellectual property utilised, developed, or acquired by our clients.
We also advise e-commerce platform on various endorsement deals with various Bollywood celebrities. The projects involved the structuring, drafting and negotiating the transaction documents for issuance of shares in the company to various Bollywood celebrities in return for advertising and marketing services to be provided by such celebrities.
The firm has successfully mitigated disputes across a spectrum of contentious matters, by way of arbitration, litigation and out-of-court settlements, concerning issues with respect to protection of copyrights and trademarks, third-party IP infringement claims, de-minimis and fair use of third-party IP, creation of parodies/ spoofs, defending of personality and publicity rights of artists and an array of other commercial and financial disputes.
Sports and E-Gaming
Over the past couple of years, the sports and gaming business have witnessed tremendous growth and as an active player in the field of sports and gaming, we have developed a well-known vertical with a leading practise in these areas.
We have advise gaming businesses on the legality of the fantasy games, quizzes and contests being hosted on various online platform in view of the gaming/gambling laws which are different in each state and most of which do not talk about online gaming. We’ve further assisted gaming companies and social gaming platforms with the structuring of their procurement models with respect to the purchase of games (by way of pure acquisition and licensing models).
We represent clients engaged in the business of organizing and running franchise based sporting leagues of global magnitude within India and outside as well, wherein we act as legal counsel for the purposes advising, structuring, negotiating, and closing of various commercial agreements, such as Franchise Agreements with Team Owners, Consultant Agreements with sporting event management companies and PR agencies, Sponsorship Agreements with different classes of brands, Consultant Agreements, Production Agreements and Broadcasting Rights License Agreement amongst others, and have also assisted the Clients in attaining the various rights/permits including but not limited media rights, sponsorships, gaming rights and data rights required for the purposes of running the sporting leagues.
We constantly work to produce well-researched and documented deliverables, as well as strategic and conscientious legal advice with the aim to structure the monetization of business verticals in the most efficient manner and further advising on other conventional and non-conventional legal issues of our clients. At Burgeon Law we don’t just understand the law, but also understand the business, which helps us deliver better results than our contemporaries in the market.
TECHONOLOGY LAW PROFILE
The firm’s technology vertical has extensively advised clients in various sectors (like pharma, fintech, multi-brand store operations, fin-tech, cloud kitchens, health-tech, ed-tech, B2B/B2C e-commerce, electric vehicles cab aggregation etc.,) on business structuring, day to day operations, contracts and fund raising, among other things. We are drawn towards providing legally tenable or most strongly defendable solutions given that we often advise on arrays which falls in the sphere which is grey or where there is no or lack of substantive jurisprudence. That’s how we structure business and not merely by how commercials are to be achieved. In this era of speed and start-ups, its easy to lose focus and digress to taking more commercially sound option without delving much into the issue of enforceability. However, for us, what is of upteam importance is to look at things from a legal implementation and “enforceability” perspective as if the same is to be argued/ defended in the courts or before state machinery from the lens of legal permissibility rather than justifying a decision/contract in front of the board only from a commercial standpoint.
As part of our technology practice, we routinely advise clients, both in an advisory capacity and as a part of wider transactions, on all areas of traditional and emerging technologies including e-commerce, cloud computing, software-as-a-service offerings, IT/ITeS, fintech, digital payments, social media platforms, cryptocurrencies and gaming. We also have extensive experience in the data protection space and have advised clients from various sectors on the entire life cycle of data, with specific expertise in cross-border data transfers and data governance processes.
We believe in providing clear, effective and business friendly legal advice in alignment with our client’s commercial aspirations and needs and it has helped us in becoming trusted advisor of the clients. We advise start-ups, growth stage and even public limited companies in various sectors, including, healthcare, education, e-commerce, fintech etc., on myriad commercial transactions that include strategic technology collaborations/M&A, technology provider agreements, technology licensing agreements, outsourcing agreements, amongst others.
We provide end-to-end legal and regulatory advisory relating to development, sourcing, deployment and use of various information technologies, assets, communications, networks and related ecosystems by the clients. We have advised clients from regulatory/advisory perspective on software licensing and development transactions, technology transfer arrangements, content licensing, website development agreements, master services agreements, etc. We have experience in advising social media companies on legal compliances applicable to them, including intermediaries’ obligations, laws regulating online content, e-commerce regulations, data privacy, and cybersecurity laws.
We have a data protection practice that comprises of the following key service areas, namely, privacy and data protection compliance management (advising on end-to-end data protection framework) and transactional advisory (agreements for transfer, storage, disclosure, licensing, etc. of data). We advise start-ups in various sectors, including, healthcare, education, e-commerce, fintech etc., some of the largest tech companies, and other corporations on information technology (IT) regulations (including the recent intermediary rules) and data privacy laws (including legal issues arising out of the migration of data across borders).
We have advised several online healthcare start-ups on various legal, regulatory and contractual aspects pertaining to online consultation, diagnostic vertical structuring, interaction and financial dealings between RMPs and diagnostic service providers, storage, processing, usage and disclosure of electronic healthcare records from data privacy and protection standpoint, etc.
We have advised various online gaming platforms on their entire gamut of contract drafting in respect of commercialization of their gaming business and various arrangements with several stakeholders including, celebrities, influencers, artists, game developer etc. We have a dedicated team which has a remarkable experience in structuring the different aspects of such gaming business and providing legal inputs for structuring the monetization of the business verticals in the most efficient manner and preparing commercial agreements to capture the entire commercial understanding of the clients.
We have advised several ed-tech platforms and e-commerce platforms on the legal aspects of their service offerings in light of the Consumer Protection (E-Commerce) Rules, 2020 and advised on critical data protection issues given the clients’ collection, storage and use of sensitive personnel data and sharing the same with third-party entities.
We have advised clients involved in the automotive electronic products sector in forming strategic partnerships and structuring their technology license arrangements coupled with manufacturing and procurement agreements.
We have advised several fintech start-ups in relation to its critical KYC and data protection issues given the clients’ collection and transfer of sensitive personnel data and sharing the same with banks/NBFCs and deliberation on several commercial and legal aspects and documentation of different contracts for undertaking any business transaction, including, inter alia, advising on structing and contractual arrangements in digital lending (secured and unsecured) transactions, issuance of credit/pre-paid cards by technology facilitation platforms.
INVESTMENTS
As one of the most recognized law firms in India advising on the complete spectrum of investment transactions – venture capital, private equity, venture debt and fund formation – we are extremely familiar with market deal terms, structures and trends (and the pitfalls to avoid!).
With our team having decades of experience advising emerging companies, we provide our clients with efficient and comprehensive support through all phases of their growth – at the initial start-up phase, through multiple series of equity funding or venture debt raises and ultimately through an exit transaction. At an initial stage, we can foresee and resolve issues which may have an adverse impact on future fundraising or the potential exit, giving our clients a real commercial advantage.
Venture Capital/Private equity’s fast-paced, competitive and innovative nature requires a law firm with the experience, efficiency and expertise to meet complex demands. From forming funds to structuring investments, adapting to regulations and addressing volatility in global and local markets, our in-depth knowledge of market trends and deep industry expertise helps investors secure the right deals with the right terms to minimize risk and build portfolio value.
Our practice is a market leader (in terms of deal count) in India and the same has been recognized as a key player in the Indian venture capital community and well known to the leading investors in India. Working with clients who – passionate about innovation – live and breathe cutting-edge technology is
always part of Burgeon Law’s strategy.
Merger & Acquisition (M&A)
We offer an agile and tailored approach to all stages of M&A transactions. We present an integrated, experienced team with a real aptitude for providing specialist and strategic legal support to companies undertaking the complex and risky business of M&A transactions.
Built on exceptional legal expertise with a strong technology sector focus, we are specialists advising in industry sectors where technology, regulation and intellectual property are key. We represent buyers and sellers, from large multinationals to SMEs, handling all manner of private M&A transactions. We offer advice throughout the entire transaction cycle, from strategic planning and structuring, deal implementation through to post-merger integration.
DISPUTE RESOLUTION
Our clients come to us with certain expectations and that’s exactly what we work hard to deliver every time. We guide our clients from the very start of the dispute to assess your risk and help you avoid costly litigation by developing a pre-litigation strategy and negotiating the settlement through discussions.
In circumstances where settlement isn’t the right course of action, our experienced team can guide you through alternative options, such as arbitration and mediation. No matter where in India you are based, our team will help you navigate the entire process of dispute resolution wherein our team will be strategizing the entire dispute resolution and with the help of the Of-counsel, the said approach will be implemented before an appropriate forum.
