Cyber Law

Advisory , Litigation and Training Support to companies across sectors and services are retained by several companies as a special advisor on IT law and for IT Law compliance which includes –

  • Identifying Cyber Risks and work solutions to minimize them
  • Corporate Liability & IT Law Compliance
  • Framing and Vetting of relevant Policies such as Computer Infrastructure Usage, Social Media , BYOD, Work From Home Policies , Cyber Resilience Polciy, etc .
  • Alignment of Contracts , Policies, HR Documents, NDAs etc with the IT Act and related law
  • Software License Compliance
  • Data Security , Protection and Privacy compliance ( Personal and sensitive personal information)
  • Intellectual Property Rights managements in digital assets
  • Terms of Use of websites
  • Privacy Policy
  • Other Cyber Law Compliance

Cyber Crime Litigation

Before Criminal Court , Civil Court , Adjudicating Officer (IT) or Cyber Appellate Tribunal)

Financial Frauds, Payment Frauds, Corporate Frauds, Insider Frauds, Data Theft, Software License Infringement, Matrimonial Frauds, Social Media Crimes, Cyber Defamation, Intermediary Liability and Take Down notices, Crimes against Women and Children

  • Represented the Pune Police in a Human Rights Violation Case – offense of erroneous cyber crime investigation which also included investigation done by Bharti Airtel
  • First case of hacking decided by the Cyber Appellate Tribunal Appellate Authority
  • Several cases on Source Code theft , Criminal Breach of Trust, Insider fraud, Business email Frauds and Copyright violation. Hacking , Identity Theft , Cyber Pornography, Defacement of websites, Denial of access, Cyber defamation cases
  • Led fraud detection, investigation, gathering of electronic and documentary evidence and preparation of police complaint on payroll fraud, insider fraud , data security breach incidences by employees, etc. Handled cases of Software License infringement, etc.
  • Defended cases on behalf of Banks on illegal fund transfer before A.O (IT).
  • Filed cases on behalf of individual Complainants for hacking , cyber pornography, data theft, copyright violation, identity theft, illegal financial transactions , Fraudulent bank transfers, etc. and conducted Anticipatory bail applications

Cyber Law Training

Corporate training and employee awareness programs on the subject of Cyber Secuirty and Law , Corporate liability , License management , e-contracts to companies across various sectors

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How to report a Cyber Crime

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Why should I be worried about WhatsApp sharing my data with Facebook?

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Corporate & Commercial

Advisory support to clients across various sectors for corporate commercial matters such as drafting vetting and negotiating of contracts, JV agreements , Technology Transfer Agreements, NDAs and litigation support in matters relating to recovery of debt, bank guarantees and specific performance

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Distinction between Partnership & LLP

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Recovery under MSME Act

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Bankruptcy Code ( IBC)

Advisory and litigation support for matters relating to oppression and mismanagement of companies, proceedings for willful default and inability to pay debt and all other connected matters before the NCLT

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NCLT – Monetary Jurisdiction for cases under IBC

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Employment Law

Advisory, drafting and vetting of documents relating to Employment Agreements, Confidentiality Agreements, Data Protection, Exit Agreements and related documents.

Advisory, drafting and vetting of policies such as Employee Handbook and HR Manuals, Code of Conduct, POSH Policies, Labour law compliance policies,
Advisory and drafting support for employee related matters such as termination notice, breach of terms of service, warning

Litigation support for all employee related litigation such as termination, unfair labor practice, breach of terms of agreement, inside fraud, data theft, Drafting Agreements for Contractors, Service Bond documents, Separation and Release Agreements and many others.

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Transgenders and their Right

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Non Compete Agreements

| Employment Law, Publications | No Comments
Are Non compete clauses in agreement a restrait in trade as defined under the Contract Act and hence void ab inition ? A non-compete clause is generally found in an…

Non Disclosure Agreements

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Anti Sexual Harassment Law

Please read our POSH Newsletters

We specialize in creating awareness on protection against Sexual Harassment at workplace with clients spread across India. We provide end-to-end POSH compliance services which include retainership services, External member support to ICC and various types of trainings and capacity building programs. We empower our clients with a nuanced understanding of the subject so as to enable them to take fair, unbiased and mature decisions on sensitive and complex issues relating to human interactions and relationships.

We have been providing these services since 2013 as per The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and as per Vishakha Guidelines prior to that .

 

Retainership Services

These include number of services which assist our clients in carrying out the POSH compliances in letter and spirit.

  • Advisory on measures for Protection and Prevention from sexual harassment
  • Review of POSH related documents like Policies, Guidelines, Reports etc.
  • Drafting of POSH policies and review of related policies such as work from home / social media policy, etc
  • Constituting / reconstituting Internal complaints committee
  • Setting up of an agenda for quarterly ICC meetings
  • Conducting the ICC quarterly meetings
  • Preparing inquiry flow
  • Legal advice during inquiry
  • Documentation
  • Preparing annual report
  • Support ICC functions
  • Updates on latest amendments and case laws
  • Updates on latest notifications and compliances

 

Our services have been retained by several companies from varied domains such as manufacturing, IT / ITES, Banking, Pharma, Publications and Entertainment, Education and Hospitality

 

External Member to ICC 

As an external member on the ICC committee, we are able to contribute based on the knowledge and experience gained through several years of litigation exposure in the field of violence retaining to women and children, employer – employee disputes and other civil disputes and also the vast pro bono work done for women empowerment and in the field of literacy.
(read more at https://vaishalibhagwat.com/pro-bono-initiatives/)

The following activities are covered in the scope of work of an external member

  • Preparing templates for communications required during inquiry (standard forms, templates , communications , agreements , undertakings)
  • Active participation in ICC Quarterly meetings
  • Active participation in the inquiry process
  • Legal advice during the inquiry
  • Preparation of charge-sheet
  • Assistance in drafting final recommendations

Till date we have conducted over 100 POSH inquiries as an external member

Training 

We have trained more than 10000 people and still counting.

We have also conducted several training programs for chambers of commerce for its members such as

  • MCCIA
  • CII
  • Goa Chamber of Commerce

Training services include –

  • ICC Capacity building workshop

    Designed keeping in mind the role and responsibilities of IC members. This training briefly includes –

    • Discussing Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 in detail
    • Understanding and discussing definitions of sexual harassment, workplace along with real case studies
    • Walkthrough – Inquiry procedure, Role play and case studies
    • Process of conciliation
    • Handling tricky situations and complex cases
    • Building sensitivity and neutral approach in decision making
    • Understanding evidences and how to examine witnesses
    • Discussion on malicious complaints
    • Discussion on principles of natural justice
    • How to frame a charge
    • How to pass interim orders
    • How to draft final inquiry report

This program helps to equip the ICC members with the right knowledge on the subject to prevent sexual harassment and also develop in them professional competence for implementation of the statute i.e. the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

This program will prepare HR and ICC to handle queries like: How should you handle anonymous complaints? What is the offender is not your employee? What do you do when there is no evidence for a complaint? Can you penalize a witness for not co-operating or not attending inquiry? How does the government track compliance? etc and build their capacity in order to execute their roles in the most responsible manner. It also enables them to know the preventive measures, complaints handling process, ICC powers and redressal mechanism. All HR Heads, ICC Members, Fact Finders, HR, Legal Team, etc. should attend this program.

 

  • Training for Senior Management, HR Department, First Responders

    • What to do when a complaint reaches out to you?
    • Do’s and Don’ts while registering complaint
    • Understanding the Law in detail and nuances in it
    • Dealing with difficult situations like workplace harassment, ethical violations, defamation cases etc.
    • Discussion on malicious complaints
    • Discussion on principles of natural justice
    • Awareness regarding other laws relating to discrimination, harassment and sexual harassment
    • Employers duty towards safe workplaces

 

  • POSH Training to employees

    • Understanding Sexual harassment, workplace, who can file a complaint and how
    • ICC, its role and functions
    • Redressal mechanism in detail
    • Building gender sensitivity through discussions
    • Discussion on various case laws, examples

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| Anti Sexual harassment law, Employment Law, Publications | No Comments
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Inquiry Procedure under POSH Act

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Law on Sexual Harassment in India

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Protection of children from Sexual Offences

Advisory, drafting and support for Academic institutions on labour law compliance, Anti Bullying and Anti Ragging Policies , Protection of children against abuse and sexual abuse policies, Keeping children safe online policies, mandatory reporting and best practices under POCSO Act

Litigation support for cases relating to children under POCSO Act and The Juvenile Justice Act

Training Support on Compliance and polices and awareness programs on POCSO Act and The Juvenile Justice Act

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Safeguarding Children from Online Sexual Abuse

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Family Law

Practice includes advisory and litigation support for cases relating to divorce, maintenance and alimony, adoption, guardianship, domestic violence and sexual harassment against women and children including cases under Protection of children from Sexual Offenses Act

Also see Private Client Practice

Private Client Practice

Includes advisory, drafting and vetting of real estate documents, leave and license agreements, gift deeds, family arrangements, Wills and Succession Certificate. Litigation support for succession certificates, probate, partition suit

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Living Will

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Intellectual Property Law

IPR practice consists of advisory and litigation support for Copyright and Trademark issues and includes drafting and vetting of Agreements to protect IPR, development and ownership agreements, License Agreements, EULA, Assignment Agreements, Publisher-Author Agreements, ‘ work-for-hire’ agreements Litigation support includes notices for copyright infringement , defense relating to software license infringement allegations, Case relating to Copyright infringement and trademark violation in Civil and Criminal Courts

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Copyright – Some simple answers

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Banking, Securitization and Finance

Advisory and litigation support to banks and Fintech Companies on RBI and other regulatory compliance, drafting, review and vetting of loan documents / contracts / policies and representation before Debt Recovery Tribunal, Appellate Tribunal, Civil Courts, Adjudicating Officer (Cyber) and High Court.

The firm specializes in advising and litigation support on all matters relating to internet banking, digital payments, cyber security and data privacy for the Banking and Financial Sector.