LexBlog (Blogs)

1402 results for LexBlog (Blogs)

  • LexBlog India LexBlog, 2019
  • Stateside Pilot Program Will Issue H-1B Visa Stamps From Within the U.S.

    On January 29, 2024, the U.S. Department of State (DOS) will begin accepting online H-1B visa stamp applications at this web address for a limited number of qualifying applicants to receive H-1B visa stamps from within the U.S. rather than at a U.S. embassy or consulate abroad. This long-awaited pilot program is initially only for certain individuals whose most...

  • Controversial Hindu Temple Dedication Takes Place In India

    In the Indian holy city of Ayodhya, the politically and religiously controversial dedication of the Ram Mandir, a Hindu Temple, took place this morning. An article last week in Time explains the significance of the event. Here are excerpts: A decades-long flashpoint in India’s sectarian politics is poised to reach a climax next week. The...

  • Regulatory framework governing ‘foreign contributions’: Ambiguity leading to excessive stringency

    The Foreign Contribution (Regulation) Act, 2010, and the rules framed thereunder regulate ‘foreign contribution’. This post examines how heightened policing calls for stringent compliance by entities receiving ‘foreign contribution’. Evolving regulatory framework for ‘foreign contributions’ The first law to regulate ‘foreign contributions’ in India, the Foreign Contribution (Regulation) Act of 197

  • Comparing Global Privacy Regimes Under GDPR, DPDPA and US Data Protection Laws

    Nearly five years after a landmark Supreme Court ruling, which reiterated that information privacy is a fundamental right enshrined in the Constitution, India finally enacted its Digital Personal Data Protection Act, 2023 (the “DPDPA” or “Act”), on August 11, 2023. While the Act adopts several principles from global data protection frameworks such as the EU...

  • India’s Digital Personal Data Protection Act 2023 vs. the GDPR: A Comparison

    Companies subject to India’s new data protection law should assess practical implications. By Gail Crawford, Fiona Maclean, Danielle van der Merwe, Kate Burrell, Bianca H. Lee, Alex Park, Irina Vasile, and Amy Smyth The Indian parliament enacted India’s first comprehensive data protection law on 11 August 2023, namely the Digital Personal Data Protection Act 2023...

  • Unpacking India’s Digital Personal Data Protection Act

    For the second day of data, we are taking a look around the world. The most significant new international data protection law of 2023 is probably India’s long-awaited comprehensive data protection law, the Digital Personal Data Protection Act, 2023 (the “DPDP Act”). The DPDP Act was enacted and notified in the Official Gazette on 11...

  • Breaking Down India’s Digital Personal Data Protection Act, 2023

    In August, India passed its long-awaited Digital Personal Data Protection Act, 2023 (“the Act”). Initially introduced in 2019, the draft bill went through several iterations before being approved by India’s Union Cabinet earlier this year. Although the Act shares many similarities to other privacy legislation, such as the EU’s GDPR and the United Kingdom’s UK...

  • India, Russia, and China: INTERPOL’s Secretary General comments on Red Notice Use and Reforms (Part 2 of 2)

    As the previous post in this series addressed the systems in place to prevent INTERPOL abuse and Secretary General  Jürgen Stock’s recent comments on that topic, today’s post will focus on what is needed for these reforms to be effective.  After INTERPOL’s Secretary General Jürgen Stock’s reform efforts had been integrated, INTERPOL still had to...

  • India, Russia, and China: INTERPOL’s Secretary General comments on Red Notice Use and Reforms (Part 1 of 2)

    INTERPOL Secretary General Jürgen Stock recently addressed what he referred to as misinformation regarding the organization in the media and critics of the Red Notice system who claim it has become a tool of repressive states.  In an op-ed published in Euronews, Mr. Stock reiterated that Red Notices are a key tool for cooperation among...

  • CCI’s Draft (Combinations) Regulations: Key Takeaways

    The Competition Commission of India (CCI) has published the draft CCI (Combinations) Regulations, 2023 (Draft M&A Regulations) on 5 September 2023 and has invited stakeholder comments, to be submitted by 25 September 2023. The Draft M&A Regulations would replace the current CCI (Procedure in regard to the transactions of business relating to combinations) Regulations, 2011...

  • CCI’s Draft (Combinations) Regulations: Key Takeaways

    The Competition Commission of India (CCI) has published the draft CCI (Combinations) Regulations, 2023 (Draft M&A Regulations) on 5 September 2023 and has invited stakeholder comments, to be submitted by 25 September 2023. The Draft M&A Regulations would replace the current CCI (Procedure in regard to the transactions of business relating to combinations) Regulations, 2011...

  • Draft Lesser Penalty Regulations: Key Takeaways

    The Competition Commission of India (CCI) has published the draft Competition Commission of India (Lesser Penalty) Regulations, 2023 (LPR 2023) seeking stakeholder comments by 6 November 2023. Once notified, the LPR 2023 will amend the Competition Commission of India (Lesser Penalty) Regulations, 2009 (LPR 2009). The LPR 2009 regulates the leniency programme which is available...

  • Orders for default in withholding tax on payments made to non-residents must be passed in a reasonable time

    Background The Income-tax Act, 1961 (“IT Act”) contains various machinery provisions which enable tax authorities to recover tax dues from taxpayers. When payments are made to non-residents that are chargeable to tax under the IT Act, payers (both resident and non-resident) are obligated to withhold tax at applicable rates prior to remittance of funds. Typically,...

  • ChatGPT nelle aule di tribunale: utile strumento di difesa o rischio eccessivo?

    La suola rossa del noto brand Christian Louboutin, creata per la prima volta nel 1993 con un semplice smalto, incarna ormai un’icona nel mondo della moda, tanto che è stata registrata come marchio e viene tenacemente tutelata dal suo titolare. Di recente, Louboutin ha prevalso in due procedimenti promossi contro contraffattori dinanzi ai tribunali di...

  • India’s Supreme Court Refuses to Recognize Same-Sex Marriage

    In Supriyo Supriya Chakraborty v. Union of India, (Sup. Ct. India, Oct. 17, 2023), a 5-judge bench of India’s Supreme Court, in 4 opinions spanning 366 pages, refused to recognize same-sex marriages, but called on the government to study and implement further rights for same-sex couples. As summarized by BBC News: The petitioners had argued...

  • November 2023 Visa Bulletin – Red Light for All Categories Except EB-2 All Other Countries

    The Visa Bulletin is released monthly by the Department of State and is used to determine when a sponsored foreign national can submit the final step of the green card process, or if already pending, when the final step can be adjudicated. Below is a summary of the November Visa Bulletin, including Final Action Dates and changes from the previous month.

  • New South Asian Congressional Caucus Launched Amid Criticism from Some Civil Rights Groups

    Last week, Michigan Congressman Shri Thanedar announced formation of the 28-member “Hindu, Buddhist, Sikh, Jain US Congressional Caucus.” According to India West Journal: “The group will address cultural misunderstandings, promote interfaith dialogue and harmony, and support initiatives to promote the well-being, education, and empowerment of the Hindu, Buddhist, Sikh, and Jains in the US.”...

  • India Suspends Visa Services in Canada

    On September 21, 2023, the Indian government suspended the processing of visa applications in Canada. The Indian embassy in Ottawa and consulates in Toronto and Vancouver outsource visa operations to BLS International, a third-party provider of consular support services for diplomatic missions around the globe. According to a message posted on the BLS website, the...

  • The India-Middle East-Europe Economic Corridor (IMEC): What We Know and What Comes Next

    In September 2023, select leaders participating in the G20 Summit announced plans to develop the India-Middle East-Europe Economic Corridor (IMEC). The project aims to develop two integrated corridors – one connecting India to the Arabian Gulf, and one connecting the Arabian Gulf to Europe – with new ship-to-rail transit networks, undersea telecommunication cables, and a...

  • Lunar Natural Resources: A Tour of a New Horizon

    by Robert A. James With the success of the Chandrayaan-3 this August, India became the fourth country to land a spacecraft on the moon. Improved fabrication methods like 3D printing, plus larger-scale production of essential materials for remote activity, have made space technology cheaper than ever to build. Even conservative investors are financing ventures, thanks...

  • India publishes draft amendments to Patent Rules for public comment

    The Department for Promotion of Industry and Internal Trade under the Ministry of Commerce and Industry has recently published a set of draft amendments (“Draft Rules”) to the Indian Patent Rules, 2003. The amendments are currently open for comments from the public. The draft amendment rules can be accessed at – https://ipindia.gov.in/writereaddata/Portal/Images/pdf/248296.pdf. Some of the...

  • Cognizant’s High Court approved scheme of arrangement was held to be a colorable device by Chennai ITAT

    The ITAT recently dismissed an appeal and slammed Cognizant India Private Limited (“Cognizant India”) for what it perceived as  using a colorable device to evade taxes during its INR 190 billion share buyback exercise. Cognizant (Mauritius) Limited (“Cognizant Mauritius”) and Cognizant Technology Solutions Corporations USA (“Cognizant USA”) held around 76% and 22% stake in Cognizant...

  • Mumbai

    The D&O Diary continued its Asia Pacific tour with a very brief stop in Mumbai, India’s financial capital. The primary purpose of my visit was to participate as a keynote speaker at the 2023 Bima Gyaan Symposium. Bima Gyaan is an Indian insurance education association. As in past years, the Bima Gyaan event was cosponsored...

  • October 2023 Visa Bulletin – On Your Mark, Green Card Applicants! Priority Dates Advance in Most Employment-Based Categories

    The Visa Bulletin is released monthly by the Department of State and is used to determine when a sponsored foreign national can submit the final step of the green card process, or if already pending, when the final step can be adjudicated. Below is a summary of the October Visa Bulletin, including Final Action Dates...

  • FSB letters ahead of the New Delhi Summit

    On 5 September 2023, the Financial Stability Board (FSB) published two letters from its Chair, Klaas Knot, addressed to G20 leaders ahead of the New Delhi Summit. The first letter outlines the work the FSB has undertaken under the leadership of India’s G20 Presidency to address existing vulnerabilities in the financial system and enhance its...

  • Company recalls “India Seeds” because they are actually highly toxic oleander

    Todorganic Inc. of Middleburg, FL, is recalling its Nuez de la India Seeds because FDA analysis has determined that the seeds appear to be Thevetia peruviana, or yellow oleander.  All parts of the yellow oleander plant are known to contain cardiac glycosides that are highly toxic to humans and animals. Ingestion of yellow oleander can...

  • Company recalls “India Seeds” because they are actually highly toxic oleander

    Todorganic Inc. of Middleburg, FL, is recalling its Nuez de la India Seeds because FDA analysis has determined that the seeds appear to be Thevetia peruviana, or yellow oleander.  All parts of the yellow oleander plant are known to contain cardiac glycosides that are highly toxic to humans and animals. Ingestion of yellow oleander can...

  • India Passes Privacy Law

    India—the fifth largest economy in the world—just passed a comprehensive privacy law. On August 11, 2023, the Digital Personal Data Protection Act, 2023 (the “DPDP”) was approved by the president of India, adding India to the list of global powers with a comprehensive privacy law. The law is expected to come into force in June 2024. Guest...

  • The Impact of India’s New Privacy Law on Healthcare

    In August 2023, India’s Digital Personal Data Protection Act (Act) received presidential assent, formalizing its first ever comprehensive and union-wide data protection law. The Act differs in many respects from a preceding version that was withdrawn in 2022, and reflects intensive discussion and revisions since then. In its final form, the Act reflects the central...

  • India Passes Digital Personal Data Protection Act

    Stephen Mathias from Kochhar & Co. reports that in early August 2023, the Indian Parliament passed the Digital Personal Data Protection Act (the “Act”), bringing to a close a 5-year process to enact an omnibus data privacy law in India. The Act was ratified by the President of India and will come into effect once notified...

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