Kavitha Gupta's blog

The True Cost of Defending Against Copyright Infringement Litigation Software publishers and entities like the BSA| The Software Alliance and the SIIA regularly audit companies to investigate copyright infringement claims. These entities seek monetary penalties if any infringement is discovered, and in the majority of cases, reach an out of court settlement for an agreed upon sum.\ Sometimes, settlement negotiations break down and one or both parties resort to pursuing claims in court. In many instances, the auditing entity will pursue litigation if it believes that the audit target is refusing to participate in the audit process or is unwilling to reach an amicable resolution. In other instances, a company may choose to fight any potential copyright infringement claims in court rather than participate in an arbitrary auditing process defined by the publisher or auditing entity. There are a few key costs to consider when determining how to defend against software ...

Bombay High Court on whether two Indian parties can choose a foreign seated arbitration?  Khaitan & Co prev next India August 10 2015 The Bombay High Court in the recent case of M/s Addhar Mercantile Private Limited (Applicant) v Shree Jagdamba Agrico Exports Pvt Ltd 1  (Respondent) has considered the important issue as to whether two Indian parties choosing a foreign seat of arbitration and a foreign law governing the arbitration agreement may be construed to be contracting out of Indian law and therefore opposed to public policy. Background Applicant and the Respondent had entered into an agreement whereby all disputes were to be referred to arbitration and the arbitration clause included the following language: “ Arbitration in India or Singapore and English law to be (sic) apply .” Pursuant to a dispute under the agreement, the Applicant filed an application under Section 11(6) of the Arbitration and Conciliation Act, 1...

This interview is a part of Winscribe's upcoming "Innovation in Law" Expert Series which aims to provide law firms and legal professionals with relevant information to build and grow their respective businesses with the help of technology. New socially-savvy legal competitors are highlighted and discussed in this interview. Furthermore, Chrissie shares techniques for effective business development using social media.  Chrissie Lightfoot is CEO of EntrepreneurLawyer Limited, a UK based company specialising in helping lawyers and entrepreneurs of today become lawyers and entrepreneurs of tomorrow, today. Chrissie is an inspirational woman entrepreneur, a solicitor (non-practising), advisor, consultant, regular international Keynote speaker and a writer. She is a columnist for Global Lawyer magazine / e-zine, writer for European Lawyer magazine, designated blogger for the Law Society Gazette ('In Business' blog), Trinity Mirror ('Totally Legal' blo...

The extending reach of competition law against key executives Rajah & Tann Singapore LLP Singapore August 14 2015 Introduction On 4 April 2014, the United States Department of Justice (“ DOJ ”) announced its first ever successful extradition of an individual to the United States solely on an antitrust charge. According to the DOJ, Romano Pisciotti (a former executive of Parker ITR S.r.l.) had participated in a cartel involving the distribution of marine hose in the United States, which involved criminal bid rigging, price fixing and market allocation. On the facts of this case, Romano Pisciotti was arrested by the German Authorities while he was in transit in Germany, while travelling from Nigeria to Italy. For playing an instrumental role in the marine hose cartel, the DOJ imposed on Romano Pisciotti a 2 year jail term and a fine of US$50,000. Drawing broadly on this case, this Article discusses the risks of extradition of key business executive...