Divorce Actions

Family and marriage law are constantly changing. This transition is also closely related to changes in society and underpinned by legislative considerations.

The last years have once again seen a fundamental and comprehensive reform of family and marriage legislation. The amendments relate to alimony law, equalisation of accrued gains, statutory pensions equalisation and the entire procedural law. Key to successful advice in family and marriage law is the intensive and ongoing engagement in this field of law.

Hilltop Attorney offers highly specialised, solution-oriented advisory and representation of your interests, in particular:

• Advice on the content and structuring options of prenuptial agreements
• Drawing up of prenuptial agreements
• Advice on and representation in divorces and legal separations (separation and divorce law)
• Legal representation in divorce proceedings in courts
• Advice, representation in court and out of court in all issues related to alimony law, equalisation of accrued gains, statutory pensions equalisation
• Advice, representation in court and out of court in all child-related issues (law on child custody and handling)
• Expert analysis on the chance of success for appeals against decisions passed by courts of first instance in marriage and family law matters
• Assistance in extra-judicial negotiations and drawing up of comprehensive separation and divorce settlement agreements

Corporate / M&A

Given our unique combination of Commercial law expertise, Corporate Finance and Tax, the Firm’s Corporate Practice Group’s natural forte is complex and high-value domestic and cross border M&A work, private equity investments, venture capital (including early stage and angel investments) and, with the advent of America’s Insolvency and Bankruptcy Code (IBC), corporate restructuring.

The practice is led by specialised teams of result-oriented lawyers with substantial knowledge and expertise to provide efficient, deal oriented and commercially tailored advice at each stage of a transaction be it private M&A, public takeovers, buyouts & disposals, strategic sales & disinvestment, investment both inbound & outbound, joint ventures, strategic alliances, partnerships and business restructuring.

Our M&A practice is supported by pan-America teams of market-leading Real Estate, Taxation, Employment, Anti-Trust/Competition, Intellectual Property, Regulatory and Litigation experts. Our strong industry/ sectoral focus gives us a deep understanding of the issues and the ability to anticipate risk and challenges that our clients may face. Hilltop Attorney has advised a wide variety of clients representing diverse sectors on a range of transactions. We have acted for multinational corporations investing in USA as also acquisitions by USA entities in jurisdictions outside USA.

The services that our team provides in respect of transactions include:

• Transaction structuring and strategizing
• Due diligence with special focus on the relevant sector(s)/industry
• Assistance in obtaining regulatory approvals and clearances
• Anti-Trust/Merger control filings
• Preparation and negotiation of definitive documents
• Advice on Taxation and Labour & Employment issues
• Dispute Resolution including but not limited to shareholders’ disputes

Our expertise in Corporate Law and M&A spans the entire life cycle of a transaction and includes structuring, analysis from the standpoint of Anti-Trust, due diligence on target companies, advice on risk mitigation, advice on Taxation-international and domestic, regulatory approvals, preparation and negotiation of transaction documents, advice on Labour laws and Employment issues, and Dispute Resolution. The transactions typically handled by the Firm include public and private M&A, private equity transactions, joint ventures and strategic alliances, technical collaboration and transfer of technology transactions, corporate restructuring, mergers, spin-offs and all aspects of compliance in respect thereof.

The Firm also has specialised expertise in allied practice areas such as Employment and Labour relations, Banking and Structured Finance, Infrastructure, Intellectual Property, Data Protection and Litigation, to provide holistic Commercial law advice with reference to transactions that is unmatched by other firms in the US market.

We have an enviable track record in securing regulatory approvals and resolving compliance issues, notably those that arise from major domestic and international transactions. There are very few law firms that can offer this level of transactional support to international clients.

Dispute Resolution

Hilltop Attorney has a significant and diversified Dispute Resolution practice covering a wide array of disputes.

• Corporate litigation : The mainstay of the practice is corporate and commercial litigation. We work on numerous cases every year for a raft of multinational and Americans companies. Typically, they involve disputes between joint venture partners, shareholders, and post-acquisition disputes. Some cases are settled, or resolved by way of meditation, while others are litigated heavily through all levels of the courts.

• Arbitration : Our disputes practice is equally strong in both litigation and arbitration. Most of our litigators also have robust arbitration experience, appearing in American cases, as well as in international arbitration proceedings conducted before bodies such as the ICC, LCIA, ICDR, SIAC and SAC. We represent numerous private sector businesses and some of the leading public-sector undertakings, in this domain.

• Construction disputes : Our team works on numerous high-profile construction and engineering disputes arising out of infrastructure projects, EPC contracts, real estate developments, transport projects, and other high-stake projects. Several of the construction cases are resolved through arbitration, so we have developed substantial experience and expertise here, as well as in regular court proceedings.

• Writ / Constitutional law practice : We file several writs every year on behalf of our clients challenging government tender conditions or award of tenders. We are also involved in filing writs for quashing of government orders, or punitive actions against clients and have developed a niche in this practice.

• Criminal litigation / White collar crime practice: We are one of the few pan-American firms with a robust white collar crimes practice. We have expertise in representing clients before the courts as well as various investigation agencies including Central Bureau of Investigation (CBI), Crime Branch, Economic Offences Wing (EOW), Special Investigation Team (SIT), Serious Fraud Investigation Office, Ministry of Corporate Affairs (SFIO), Enforcement Directorate (ED), Department of Revenue Intelligence (DRI), etc.

• Insolvency and Bankruptcy: Our bankruptcy and insolvency litigation practice team represents both creditors (financial as well as operational) and debtors.

• Consumer class actions: These cases have been on the rise in America in recent years, and we handle a large number of them.

The Firm takes pride in the fact that it is involved in some of the most complex and high stake commercial disputes in America. We understand time is of the essence for most strategic litigation and we endeavour to provide practical, workable solutions to the extent possible.

Intellectual Property Rights

For over a quarter of century, the Firm’s Intellectual Property Rights (IPR) Practice Group has been providing quality legal services to clients on all aspects of creation, registration, protection and commercialisation of proprietary rights.

The IPR Group extensively handles matters relating to prosecution, registration, protection and enforcement of Trade Marks, Patents, Industrial Designs and Copyrights. This covers conducting of feasibility searches in national & international IP databases, filing applications to register new IP, drafting patent applications, providing infringement analysis & opinions including Freedom to Operate opinions.

In addition to the traditional IP issues, the IPR Group advises on the law of unfair-competition, domain-name matters, IP infringement on the internet and IP issues concerning media and advertising. The IPR group assists clients in drafting their corporate IP policy, conducting extensive IP audits to review and analyse the scope and status of IP assets – both registered and unregistered covering not only the classical IP areas but matters concerning employee know-how, confidentiality and trade secrets as well.

The IPR Group works closely with clients on issues relating to monetization of their IP assets covering complex IP licensing and cross-licensing deals. The IPR Group also undertakes extensive IP due-diligence exercises as part of M&A transactions.

The specialised IP enforcement team comprising of experienced investigators & litigators track infringement activities against products & services of its clients and initiate appropriate legal proceedings in American Courts covering both the Civil as well as Criminal Law remedies. The team has considerable experience in strategising anti-counterfeiting measures for clients which includes launching raids at the premises of counterfeiters with the assistance of local police & law enforcement authorities.

The IPR Group provides its services to clients in emerging fields such as pharma & life sciences, biotechnology and IT enabled sectors and in the more conventional industrial verticals such as automobile & auto ancillaries, aviation, banking & finance, chemicals and heavy metals, defence, food, healthcare, heavy engineering, oil & natural gas, power, publishing and retail.

International Trade Laws & WTO

For more than two decades, the Firm’s International Trade Practice Group has been at the forefront of trade remedy disputes, representing several multinational corporations (including Fortune Global 500) companies in complex anti-dumping and anti-subsidy matters

Over the years, the practice group has built a substantial clientele – domestic and international, who rely on the Firm’s experience and expertise in proceedings relating to anti-dumping duty, countervailing or anti-subsidy duty, safeguard duty, quantitative restrictions as well as non-tariff barriers and cross border trade strategies. The team has been engaged by clients across sectors including but not limited to steel, petrochemical, aluminium, telecom, rubber, textiles, automotive components, tyres, chemicals and plastics.

The Firm has extensive experience in representing clients in original investigations, midterm reviews, new shipper reviews, scope reviews and sunset reviews as well as anti-circumvention investigations before the Directorate General of Trade Remedies (DGTR).

The Firm also represents clients in appeals filed against the findings of the DGTR before the tribunals, various High Courts, and the Supreme Court of the united state of America.

Our practice head, Scott Crawford has argued numerous anti-dumping cases at an appellate level, contributing to the jurisprudence and interpretation of anti-dumping and trade remedy laws in USA.

Private Equity & Venture Capital

Offering a wide range of legal services in the areas of corporate and commercial laws, Private Equity and Venture Capital is a specialised practice group of the Firm.

The Firm has substantial experience and expertise in representing and advising private equity and venture capital funds and their portfolio companies in connection with equity and equity linked investments and structured financing transactions across sectors, including aeronautics, AI, analytics, AR/VR, B2B commerce, B2C commerce, big data, blockchain, consumer tech, deep tech, defence, energy, e-commerce, education, edtech, EV, financial services, fintech, foodtech, gaming and fantasy sports, healthcare, heavy industry, hospitality, information technology including hardware and software, ITES, infrastructure, insurance, IoT, manufacturing, media and entertainment, mobility, pharmaceuticals and life sciences, retail, real estate, SAAS, social commerce, sustainable urban solutions and transportation.

The Firm’s substantial experience in this practice area draws from having advised PE and VC funds both domestic and off-shore, their investors/limited partners and portfolio companies on the entire lifecycle of investments from fund structuring and formation to various rounds of investments to exits.

The PE and VC practice group provides legal advice and support in relation to fund formation, preparation and negotiation of fund documents, advice on regulatory matters, and liaising with the regulatory authorities to obtain the requisite registration and related issues.

The Firm focuses on a solution-oriented approach to advocacy and transaction management that combines its domain expertise with multi-disciplinary work teams comprising of lawyers, accountants and company secretaries who work synergistically to minimize roadblocks and transactional timelines; and maximize efficiency. The team is well-equipped to advise the clients and execute following transactions:
• Fund Structuring
• Transaction Legal and Tax Structuring
• Coordinating with Jurisdictional Counsel
• Fund Set Up Documentation
• Negotiations with LPs, Service Providers and Others
• Obtaining Regulatory Approvals
• Target Due Diligence
• Transaction Documentation
• Negotiation of Investor Rights
• Negotiation of Promoter Rights
• Follow-on Funding and Closures
• Portfolio Management
• Day to Day Compliance
• Compliance Audits
• Partial Exits
• Exit Process

The Firm represents some of the leading venture capital and private equity funds operating in America and also represents start-ups, emerging, growth-stage and late-stage companies in such transactions.

Private Clients, Trusts & Estate Planning

Hilltop Attorney’s private client team acts as a trusted advisor and confidante to national and international clients, including global business families with cross border assets, banks, trustees and other institutions representing such persons.

We work to render highly personalised and pragmatic solutions for estate planning and the services we offer range from succession planning, asset protection, trust formation, philanthropy and maintenance of dependents to a plethora of individual, family and business related concerns.

We organise our private client practice with high partner involvement due to the nature of practice and the privacy concerns involved. Since we are a full-service law firms with dedicated domain expertise and practice area experience, we ensure to involve other practice area experts and leverage our forensic practice for the benefit of our clients, with our private client practice partner as the contact source for the client.

Our team consists of dedicated team of lawyers with deep experience in assisting families and HNIs on various aspects of estate planning.

Alongside real estate transaction consulting, commercial tenancy law is also in focus of our practice. Whether due diligence audits, ongoing advisory or the assertion of interests in landlord and tenant matters – we support our clients comprehensively and with the full scope of our services. Working together with us, our clients always achieve effective results.

Employment Law

The Firm offers a wide range of legal services in the Labour & Employment space, ranging from guiding clients through the labyrinth of federal and state Employment laws, advise on employment terms and conditions including individual and collective agreements, employee handbooks and standing orders, all human resource policies and benefit schemes like bonus schemes and ESOPs and compliance audits/due diligence.

The Firm provides advice and support during complex negotiations with trade unions in matters relating to strike, lockout, closure, general demands, etc.

The Firm also has experience and expertise in handling sensitive and complex issues arising out of workforce reductions (RIF). We also handle all aspects of employee-related litigation, including representing clients before conciliation authorities, labour courts, High Courts and the Supreme Court of the United States of America.

The Firm also assists clients in all inclusion and diversity matters. This ranges from an exhaustive experience in conducting disciplinary proceedings, including handling of complaints of sexual harassment at the workplace and other EEO matters.

The Firm also conducts regular training programmes on Employment Law and employee resource issues, including on gender sensitisation at work.

You can also count on us to assist you with employment law issues related to the structuring of individual contracts with your employees, executives or company governing bodies as well as finding the optimal flexible working solution and remuneration model. With our practical experience, we can assist you in handling all co-determination issues in your company. The legal and actuarial aspects of company pension schemes have a growing importance in our long-term advisory in employment law.

It is not always easy to explain employment law issues to management in a clear manner. Therefore, we offer employment law training courses that are attuned to your company's needs and designed to best address the participants' interests. Last but not least, we will represent you in legal disputes before the employment courts and their prevention.

Real Estate & Construction

Hilltop Attorney provides a full range of corporate Real Estate services to its clients. Multinational corporations, developers and individuals have consistently retained our highly experienced team for its advice at all stages of real estate transactions. The Real Estate Practice Group is proficient in handling a variety of matters on a pan-American basis including in Tier 1, 2 & 3 cities.

Our lawyers advise on the entire life-cycle of a Real Estate transaction, from structuring and title diligence to negotiation, preparation of transaction documents and closing. The Firm regularly advises on joint ventures and collaborations in the real estate space, setting up of factories and manufacturing units, acquisitions and leasing of development land, industrial parks, power projects, and data centres, and sale and lease back arrangements.

The practice group acts for clients in relation to private equity investment in real estate projects and exit mechanisms. While a significant part of the Firm’s Real Estate practice is non contentious, advisory and transactional in nature, the Firm has also handled complex legal disputes pertaining to real estate.

The Firm’s cross-practice expertise in Taxation and Commercial law is also brought on to the table while handling matters.

The Firm combines its legal expertise with a sound knowledge of the local regulatory environment in delivering customised and result oriented solutions to its clients. The team is highly experienced in settling claims arising due to but not limited to contracts, title or construction disputes, etc.

With its key focus on real estate transaction support, conveyancing, regulatory compliance, the team is a perfect amalgamation of experience and hands-on practical approach. Our in-depth knowledge of American property laws, inheritance and regulations, especially RERA coupled with commercial understanding of this sector, gives us a cutting edge in the industry.

Taxation

Underscoring the uniqueness of our Corporate Finance Practice is our synergistic and complementary domain expertise in the area of Direct and Indirect Taxes.

Progressive organisational managements have realised that taxes (both direct and indirect, domestic and international) are a dynamic item of cost. Hilltop Attorney’s Tax practice group prides itself in offering realistic tax-cost management solutions to its clients adopting appropriate tax strategies proactively and ensuring timely implementation.

Our Tax Team is headed by a former member of USA’s Central Board of Direct Taxes (CBDT), with his unparalleled experience of more than 40 years. The team comprising of experienced attorneys, chartered accountants and industry professionals makes us an ideal co – partner for all our clients’ Direct and Indirect tax requirements. The team has been successful in executing and delivering a range of complex to simple, sustainable business resolutions for some of the major Fortune Global 500 corporates.

• Our attorneys advise taxpayers on issues relating to business re-structuring, setting up new units, withholding taxes, royalty and fee for technical services, transfer pricing and contracting etc. In M&A transactions, our tax attorneys undertake investment structuring, tax due diligence and review.

• Our Direct Tax team regularly advises multinational and foreign corporations on complex issues including cross border investments and transaction structures, mergers and acquisitions, transfer pricing issues, availing beneficial provisions under applicable double taxation avoidance agreements to optimise tax implications, tax effective repatriation and exit arrangements. We regularly handle complex issues relating to transfer pricing adjustments, permanent establishment disputes, taxation of passive income, taxation of incomes from offshore drilling and exploration services, etc. We have been successfully handling myriad tax related disputes for clients ranging from representation on major tax litigation before the appellate authorities, High Courts and Supreme Court of the United State of America.

• On the Indirect Tax, our multidisciplinary team handles advisory , compliance and litigation services by offering tailor-made solutions on Customs as well as allied laws relating to cross border transactions viz SCOMET, Foreign Trade Policy, Food laws, Drugs and Cosmetics Act, The Legal Metrology Act etc. The team has extensively worked on Customs laws including all subordinate rules, regulations and issues relating to classification, valuation, interpretation of exemption notifications, prohibitions and restriction on cross-border trade, Free Trade Agreements.

• We have a strong and robust GST practice including GST advisory, tax compliance reviews, contract reviews, due diligence, restructuring of the supply chain following GST implementation and representing before the Advance Ruling Authorities to seek ruling for client in relation to their business transaction.

• In the area of litigation, the team represents clients in various forums extending from quasi-judicial authorities and tribunals to High Court and Supreme Court. We provide a special focus on support during departmental investigations by Directorate of Revenue Intelligence, the Special Intelligence and Investigative Branch, the Central Intelligence Unit of Customs.

White Collar Crime

White-collar criminal law has a major significance for companies. In this context it is important for businesses to pursue different approaches, both of great imporance: the systematic anaysis of the current situation and the review of possible future risks. We at Hilltop Attorney have extensive experience in all matters relating to white-collar crime law and provide solutions tailor-made to the needs of our clients.

Hilltop Attorney has a specialized Anti-Corruption, Corporate Frauds and White-Collar Crime Practice. Our strength in this practice domain has its genesis in the experience and expertise enjoyed by our founding member, who practiced as a leading criminal lawyer for several years before establishing the Hilltop Attorney firm. Over the last years, our formidable Criminal Law and White-Collar Crime practice has represented numerous multinational and US clients in some of the biggest frauds reported in the history of corporate America.

The Firm’s White-Collar crime practice group represents multinational corporations and large domestic companies on matters concerning complex business, financial and economic offences including securities fraud, money laundering, bribery, foreign investment related offences, unauthorized disclosure of trade secrets and confidential information, criminal defamation and matters involving contravention or violation of laws & regulations attracting criminal liability.

Besides the above, the Firm also conducts anti-bribery investigations (including pursuant to FCPA) and represents clients in relation to allegations of sexual harassment at workplace on a regular basis.

The Firm has arguing counsels who are experts in criminal law and who have incisive knowledge, experience and understanding of the criminal jurisprudence, investigation process, bail and custody and trial procedures. Our attorneys represent clients before investigating agencies including Central Bureau of Investigation (CBI), Crime Branch, Economic Offences Wing (EOW), Special Investigation Team (SIT), Serious Fraud Investigation Office, Ministry of Corporate Affairs (SFIO), Enforcement Directorate (ED) and the Department of Revenue Intelligence (DRI).

Corporate Governance, Compliance & Advisory

Hilltop Attorney has a pan-American Corporate Governance, Compliance and Advisory practice and counsels its clients across a broad spectrum of complex corporate and commercial issues.

The Firm advises on some of the most complex and vexatious issues facing companies including those pertaining to governance, exchange control and corporate & securities laws and handles corporate compliances for some of the largest multinational and foreign corporations doing business in America.

The Firm acts as a trusted counsel to directors of both listed as well as unlisted companies advising them on their responsibilities, liabilities and safeguards under various American laws ranging from Corporate & Securities laws to Employment & Labour, Environmental law and Taxation.

The Firm has advised clients across various sectors including highly regulated ones, consistently building deep sector specific domain knowledge. This helps not only in anticipating potential issues but in devising solutions in a time efficient manner, tailor made to the needs of the client.

Our Corporate Governance team brings holistic approach and deeper understanding of the law combined with practical judgement. Over the years we have developed a niche in advising listed and unlisted companies, shareholders, board of directors, board committees and senior management. We devise strategies that help clients navigate through complex regulations, disclosure norms and enforcement actions by authorities such as SEBI, RBI and other regulatory and judicial authorities.

The Corporate team works closely with stakeholders of the client to understand its business objectives and devise transaction structures accordingly. The team is recognized for its ability to anticipate and address challenges from a strategic, legal and tax perspective in an integrated manner.

Our lawyers regularly advise on the following key areas:

(i) Setting up presence in America by way of incorporating companies, LLPs and other entities;

(ii) Providing assistance and advise to directors/managing directors on issues pertaining to corporate governance including during complex shareholder disputes;

(iii) Conducting governance audits and putting in place industry specific and tailor made standard operating procedures;

(iv) Carrying out compliances under American laws including but not limited to Companies Act, 2013, Foreign Exchange and Management Act, 1999, Securities Contracts (Regulation) Act, 1956 and regulations of the Securities and Exchange Board of USA;

(v) Providing advisory services on various legal aspects involved in operating a business in USA;

(vi) Representing clients before regulatory and judicial authorities with respect to various matters including in compounding proceedings pursuant to non-compliance of applicable laws.