Atul Gupta Counsel Corporate / Labour and Employment

Transcription

1 Atul Gupta Counsel Corporate / Labour and Employment The Residency, 7th Floor 133/1, Residency Road Bangalore India Tel: Dir: atul.gupta@trilegal.com Atul Gupta is a counsel in the corporate and employment practice group of Trilegal and has represented numerous companies in business acquisitions, joint ventures, venture capital investments as well as compliance matters under company law and foreign exchange laws. He has also actively advised clients on a wide range of employment matters, telecom regulatory and technology law related issues. His clients have included venture capitalists, auto component manufacturers, logistics companies, health and imaging equipment manufacturers, renewable power providers, retailers, IT products and services companies, health care providers and major telecom companies. During his career, Atul has been involved in several significant cross border transactions, business acquisitions and foreign investments. He has extensively advised clients in structuring and negotiating employment contracts, benefits and policies, and in managing employee relationships. Other than advisory on compliance management under Indian laws, he specializes in strategizing and assisting clients with individual and large scale employee exits and disputes (including senior management), establishment closures, and in disciplinary matters, investigations and inquiries. Atul regularly conducts training sessions for clients and also contributes to legal publications by organizations such as the IBLJ, World Bank, etc. Atul has been recognized and quoted as an associate to watch by Chambers Asia Pacific 2014 and 2015 guides. Chambers research cites, The "brilliant" Atul Gupta is applauded by sources for his commercial awareness and practical approach. He has advised a diverse group of companies on Indian employment law matters. Atul Gupta frequently advises on complex cases reflecting his mixed employment and corporate practice. He has recently advised organisations on compliance with new workplace harassment regulations. Academic qualifications B.S.L. LL.B, Pune University Apr 2006

2 Legal qualifications and admissions Advocate Feb 2007 Member - Bar Council of Karnataka - Qualified to practice law anywhere in India Languages English, Hindi and Kannada Publications Integrated Circuits and Intellectual Property Rights in India - published in Journal of Intellectual Property Rights (a refereed journal published by NISCAIR), Vol. 10, November 2005, pp Representative experience Vodafone on its acquisition of Hutchison Telecommunications 67 per cent stake in Hutchison Essar. Advice included transaction structuring, due diligence and review of transaction documentation. Google in connection with: various issues around scope and implementation of the new law, including applicability to contractors and procedure to be followed. review of their sexual harassment policy taking into account the changes brought forth by the new law to protect Sexual Harassment of Women at the Workplace British Gas on: various aspects of employing expats and consultants in their operations including compliance with contract labour and Provident Fund regulations. employee misconduct investigations and procedures. Avery Dennison on employee disputes, response to legal notices and settlements.

3 CA Technologies on: reviewing and framing a consolidated leave policy for all their operations in India. on employee dispute with senior employee on account of termination of services and representation before the appropriate legal forums. Verizon on: their separation and employment agreements in India. gratuity payments to legal heirs of deceased employees. disputes related to termination on employees on performance grounds and on documentation for termination of services for misconduct. LinkedIn on matters relating to compliance with the Employee s Provident Fund Act and structuring of employee salaries and benefits. ebay on managing large scale business reorganizations and employee exits. Redhat on separation of senior level employees as well as managing employee redundancy exercises. Tribune Digital Ventures Singapore Pte Ltd, an affiliate of Tribune Company on 100% acquisition of Whats on India Private Limited, Asia s leading electronic program guide data provider. VMware on: various issues associated with background checks and employment policies. employee separation and redundancies as well as matters relating to employee misconduct. Onex Corporation on the India leg of the global acquisition of the healthcare business of Eastman Kodak Company. Advice included providing transaction structuring and drafting of transaction documents.

4 General Motors on their acquisition of the steering business division of Delphi Automotive in India. Advice included conducting a due diligence, advising on all regulatory aspects including investment structuring. Syniverse on: procuring the telecom license for providing Number Portability Services in India and on various other back-end telecom services such as financial data clearing. its acquisition of the messaging business of VeriSign in India. Advice included structuring, drafting of transaction documentation and on compliance with regulatory requirements. Telenor in connection with the telecom infrastructure agreements (towers and transmission) entered into by various Unitech Wireless companies with Wireless-TT Info Services Limited, Quippo Telecom Infrastructure Limited and Tata Teleservices Limited. Amazon on various issues connected with launch of the Kindle in India, including compliance with telecom regulations, taxation and import duties, etc. Accenture on various employment issues connected with their operations in India, including standing orders, provident fund compliance, overtime, wage analysis, audits and disputes. Hershey s on industrial relations, dispute resolution proceedings under the Industrial Disputes Act, 1947, trade union negotiation strategies. Sitel on various employment matters such as restructuring of associate salaries, responding to notices from the Employee s Provident Fund Department and formulating strategy on managing risks under this statute. Cargill on the sale of its foods and flavours business to Kerry. Advice included preparing and negotiating the purchase agreement and various steps associated with the business sale.

5 Huntsman with the separation of an executive level employee, including with the paperwork, release and separation agreements. Chemtura on disciplinary matters and in connection with the separation of executive level employees. Also advising Chemtura on its employee handbook and policies. Nalco on the process and issues associated with conducting a disciplinary enquiry. British Telecom on various aspects of employment in India, including issues related to recruitment, retrenchment and disciplinary action.