Overview

THE REGULATORY ENVIRONMENT

India’s legal framework for combating white-collar crimes is intricate, spanning across various laws and regulations that pose significant navigational challenges. Recent introductions like The Bharatiya Nagarik Suraksha Sanhita 2023, The Bharatiya Sakshya Adhiniyam, 2023, and The Bharatiya Nyaya Sanhita, 2023, aim to modernize the approach towards crime, evidence, and criminal procedure. Coupled with the rise of cybercrime threats such as phishing, identity theft, and data breaches, there’s an urgent need for comprehensive cybersecurity and legal measures. The persistent issue of corruption and bribery necessitates stringent anti-corruption laws and practices, underpinned by international laws like the Foreign Corrupt Practices Act 1977 and the UK Bribery Act 2010.

India’s legal framework for combating white-collar crimes is intricate, spanning across various laws and regulations that pose significant navigational challenges. Recent introductions like The Bharatiya Nagarik Suraksha Sanhita 2023, The Bharatiya Sakshya Adhiniyam, 2023, and The Bharatiya Nyaya Sanhita, 2023, aim to modernize the approach towards crime, evidence, and criminal procedure. Coupled with the rise of cybercrime threats such as phishing, identity theft, and data breaches, there’s an urgent need for comprehensive cybersecurity and legal measures. The persistent issue of corruption and bribery necessitates stringent anti-corruption laws and practices, underpinned by international laws like the Foreign Corrupt Practices Act 1977 and the UK Bribery Act 2010. Furthermore, financial frauds, asset recovery challenges, and the prosecution of corporate personnel underline the complexities within the legal system, requiring meticulous legal processes and reforms to effectively address these challenges and ensure transparency and accountability.

HOW CAN WE SUPPORT YOU

The white-collar crime team at ELP is highly experienced in handling complex state, central and cross-border litigation, as well as advising clients on preventative measures and compliance of applicable statutes to eliminate or mitigate the risk of civil and criminal penalties/liabilities.

Advocates at ELP have in-depth experience in representing clients in all stages of white-collar litigation, especially in handling bribery and corruption, money laundering, fraud, tax and insider-trading. Our extensive experience enables us to provide clients with advice relating to the legal, procedural, governance and reputational aspects of compliance issues and investigations.

The white-collar crime team at ELP is highly experienced in handling complex state, central and cross-border litigation, as well as advising clients on preventative measures and compliance of applicable statutes to eliminate or mitigate the risk of civil and criminal penalties/liabilities.

Advocates at ELP have in-depth experience in representing clients in all stages of white-collar litigation, especially in handling bribery and corruption, money laundering, fraud, tax and insider-trading. Our extensive experience enables us to provide clients with advice relating to the legal, procedural, governance and reputational aspects of compliance issues and investigations.

We also conduct regular knowledge sharing sessions with our clients so as to ensure that our clients’ businesses are in compliance with the applicable statutes. Our clients include one of the leading entertainment companies as well as their senior executives and other notable organizations.

Our Services

Fraud Investigations

We aid organizations conduct internal investigations to identify instances of fraud within their organizations. This includes gathering evidence, analyzing financial records, and pursuing legal remedies against individuals or entities involved in fraudulent activities.

Bribery and Corruption: India has stringent laws against bribery and corruption, such as the Prevention of Corruption Act,1988 (PCA). We help our clients navigate anti-corruption compliance requirements, conduct internal investigations, and defend against enforcement actions by Indian law enforcement authorities as well as aid organizations to comply with international law (such as Foreign Corrupt Practices Act 1977 and UK Bribery Act 2010).

Money Laundering

We provide comprehensive support to our clients in Money Laundering investigations. Our service offerings include crafting defense strategies against money laundering allegations, conducting internal investigations, conducting thorough due diligence on business partners, and guiding clients through enforcement actions by regulatory bodies such as the Enforcement Directorate and Central Bureau of Investigation.

Intellectual Property Theft

India has robust laws protecting intellectual property rights including criminal offences for infringement of IPR’s. We frequently pursue legal action against individuals or entities engaged in intellectual property theft, including copyright infringement, trademark violations, and trade secret misappropriation.

Cybersecurity and Data Protection

With the rise of cybercrime, protecting sensitive data has become a priority for businesses worldwide. India has enacted various cyber laws, such as the Information Technology Act, 2000 and the Rules for Reasonable Security Practices and Procedures for Sensitive Personal Data or Information Rule 2011. We assist our clients in the understanding of such laws as well as compliance to prevent phishing-related legal liabilities and regulatory penalties as well as legal representation against claims of negligence in safeguarding sensitive information or pursuing damages against perpetrators of phishing scams.

Investigations against Directors

We assist Directors in navigating the intricacies of corporate governance and reducing their risk of criminal liability within India’s regulatory framework. Should prosecution be initiated, we develop a strong defense strategy to advocate for our clients.

Training

By providing comprehensive training on aspects of whistleblowing laws and policies, cyber laws and regulations, data preservation and legal holds, reporting crimes and compliance violations, we empower our clients with the knowledge, skills, and resources needed to navigate legal and regulatory challenges effectively while promoting a culture of compliance, integrity, and accountability within the organization.

People

Recognitions