Luthra and Luthra Law Offices has been ranked in the Dealogic Project Finance League Tables (for the period January-July 2009) as the number one law firm in the world (in terms of deal size) for both, global PFI/ PPP deals as well as global project finance deals. On the global Private Finance Initiative (PFI) and Public to Private Partnership (PPP) deals, Luthra & Luthra closed three deals equalling close to $6.3 billion, with a market share of just over 10%. DSK Legal followed second with a market share of 6.7% while Amarchand & Mangaldas advised on 5 deals worth $5.8 billion. The three major deals that Luthra was involved in were $3.8 billion Sasan Ultra Mega Power Project 9for lender), the $2.6 billion Dahej Ethylene Cracker Plant (for consortium) and the $1.8 billion Mundra Thermal Power Project Phase 4 (for the lender). This is seen as a big achievement for Indian law firms who went ahead in spite of all their inherent disadvantages while competing against global giants.

AZB & Partners has acquired Bangalore-based Anup S. Shah Law Firm in a bid to strengthen its operations in southern India. After the acquisition, Anup S. Shah, after whom the law firm is named, will join AZB as an equity (profit sharing) partner. Shah, a lawyer of 28 years, will bring with him 2 partners and about 15 associates, swelling the strength of AZB’s Bangalore office to about 40 lawyers, including five partners Anup Shah will bring in a number of real estate clients, including listed companies Sobha Developers and Purvankara to the AZB fold.

The Right of Children to Free and Compulsory Education Bill, 2009, seeks to provide education to children aged between 6 to 14 years. The Bill, one of the flagship programmes in the 100-day agenda of the UPA government, also earmarks 25 % seats to weaker sections in private schools. The Bill seeks to do away with the practice of schools taking capitation fees before admission and subjecting the child or parents to any screening procedure. The Bill aims to achieve ten broad objectives which include free and compulsory education, obligation on the part of state to provide education, nature of curriculum consistent with Constitution, quality, focus on social responsibility and obligation of teachers and de-bureaucratisation in admissions. The Bill also provides for building up of neighbourhood schools in three years by the states.

The MRTPC will cease to exist two years from now as the government has decided to notify Section 66 of the Competition Act on September 1. The TRTPC will now not take up any new cases. It will have two years to resolve the existing disputes, after which cases dealing with MRTP will be transferred to the CCI and those pertaining to unfair trade practices will be transferred to the consumer courts. With the notification of S.66, the SMTP Act, 1969 would be repealed though the Commission would get two years to wind up its operations.

Bayer, Germany’s largest drug company failed to get a stay order from the Delhi High Court on Cipla from seeking permission to launch the European company’s copycat of cancer treating drug, Nexavar in India. Cipla cannot launch the drug without the approval of the court. Bayer argued that it was granted a patent for Nexavar in March 2008 in India which gives it exclusive marketing rights for 20 years. The dispute is over whether the Drug Controller General of India (DGCI) can give approvals to sell drugs with a patent granted by an independent office. India companies may seek approval to sell a patented drug. However, in case, the court finds out the violation of the patent, the concerned drug company will face penalty. .

India’s Takeover Code, 1997 is set for a makeover. SEBI has set up a special committee to review its key provisions in order to ensure that they are relevant to the current needs of investors and companies. C. Achutan who is a former presiding office in the Securities Appellate Tribunal (SAT) will head this panel. The panel also aims at doing away with the provision of non-compete fee and reviewing norms related to indirect acquisition. Industry and financial institutions such as private equity funds were not satisfied with the current provisions with a trigger limit of 15%. They also don’t want to make an open offer as they don’t actually try and control the company though they are given veto rights.

After Darjeeling tea, Goan feni and Madhubani paintings, it was the turn of the famous tirupati prasadam to be granted the Geographical Indication patent rights which bars other from naming or marketing the this sweet under the same name. The Tirupati laddu got the patent rights under the Geographical Indications of Goods (Registration and Protection) Act. Under GI, the right to market a product is tied to a definite geographical territory and the manufactured goods should be processed or produced or prepared in that territory. It also provides legal protection and ensures facilitation for action in case of any infringement.

Finally, the Supreme Court, allowed TVS to roll out is 125cc motorbike ‘Flame’ with twin sparks technology subject to certain conditions thereby providing a huge sigh of relief to it. The apex court further directed all courts and tribunals all over the country to decide the suits related to patents and copyrights within four months from the date of filing the suit keeping in mind that this suit had been going on since December 2007. The judgement was delivered by hon’ble Justice Markandey Latju and hon’ble Justice AK Gangully who while delivering the judgement said that TVS Motors shall be entitled to sell Flame subject to the condition that it shall maintain accurate records of its India and export sales. The apex court also requested the Chief Justice of the Madras High Court to nominate a receiver in the matter to whom the same records/accounts would be submitted by TVS Motors. The receiver would verify the sale records/accounts and submit the same to the Madras High Court bench where the patent row between Bajaj Auto and TVS Motors is pending.

A landmark judgment was passed by Justice D Y Chandrachud of the Bombay High Court in response to a recent petition by a Mumbai-based actor couple, who asked to be legally declared as adoptive parents of a girl they had taken in as their ward over four years ago under the Juvenile Justice Act. The couple had a two-year-old biological daughter when they sought and were allowed by the court in 2005 to become guardians of a year-old destitute baby girl at an adoption centre, Bal Vikas. The Hindu Adoption and Maintenance Act (HAMA) prohibited same-gender adoptions. However, Justice Chandrachud held that the Juvenile Justice (Care and Protection of Children) Act of 200 which was a secular law enabling rehabilitation of abandoned children through adoption and would prevail over HAMA, which places certain restrictions on adoption.

When it comes to disputes within an organization it is never too early to get prepared. In our 1st annual conference on Commercial Contracts & Alternative Dispute Resolution the focus lay on effective contract drafting to avoid disputes and major dispute resolution mechanisms. Now in our 2nd annual conference on Commercial Contracts and Alternative Dispute Resolution (19th & 20th November 2009) we plan to arm you with the silver bullets necessary to settle disputes over your domestic and international business. Hear best-practice tips in dispute resolution and commercial contracts from senior level corporate speakers, leading consultancies and law firms. If your organization places a high premium on reducing legal risks and reducing the high cost of disputes then we would like to invite you to take full advantage of this conference which is organized in comprehensive formats such as mock deposition, panel discussion, and key note presentations. India Law Journal members enjoy 10% discount! Do not miss the opportunity to register your interest, while saving upto 2000 INR. Contact us at: +91 124 4774 591 or vaishali.gakhar@lexisnexis.com for further details.

California Governor Arnold Schwarzennegger approved changes to parole and early-programmes that could reduce the prison population by 16,000 inmates. The three-judge panel comprising of judges of the U.S. District Court and U.S. Court of Appeals found that overcrowding was the main reason as to why the state of California had failed to provide a constitutional level of health care to prisoners. The panel also recommended a federal takeover of the prisons if the conditions did not improve. The panel was the result of two separate class-action lawsuits filed by prisoners. The changes passed will now cut $ 1 billion in corrections spending by significantly reducing parole agent caseloads. They will have about 45 parolees under the new law, instead of the 70 offenders they currently supervise. Parolees without violent records or serious offences will receive less parole supervision under the new law and will not be sent back to the prison for technical violations which includes missing parole check-in-appointments. Certain non-violent inmates will also have the opportunity to participate in rehabilitation programmes in exchange for releases six weeks earlier than their original release dates.

Leading international law firm Baker & McKenzie, which has already provided legal support to General Motors Company (GM) during the entire bidding procedure, has now also been retained to advise GM on the sale of a part of its shares in Adam Opel GmbH. As is generally known, the main bidders have been a consortium consisting of the Austrian-Canadian automotive supplier Magna and the Russian Sberbank, as well as the financial investor RHJ International. The Opel trust entity, in which both the GM side and the German government are stakeholders, is also involved in the further sale procedure. The advice does not only include the drafting and negotiation of the purchase contract but also extends to any aspects regarding the future cooperation of Opel’s shareholders.

New York's highest court has ruled that N.Y. Governor. David Paterson has the power to appoint a lieutenant governor. It said that the Governor acted properly in July when he appointed Richard Ravitch, an ex-chairman of the state public-transit system, as lieutenant governor. In its 4-3 ruling, the New York Court of Appeals said it decided in favor of Mr. Paterson because the state constitution "expressly contemplates" that vacancies of elected office may be filled by appointment.