Information Technology, Media & Telecommunications

Information technology emerged as one of the stronger areas of the Firm's practice with our office at Bangalore (“the Silicon Valley of India”) doing extensive work in this field. Our Information Technology Group is involved in a wide range of telecommunication projects. We have advised clients on licensing, securing private and public financing, contractual advice on building networks and advice on regulatory matters. We not only act for companies seeking to exploit their technology assets or develop their businesses using technology but also for joint ventures and start-ups involved in e-commerce ventures, B2B exchanges, emerging telecoms, wireless communications, etc.

At FoxMandal, we have lawyers who are truly focused on the legal and commercial business needs of IT and communications businesses. We are one of the India's leading teams in IT and business process outsourcing, advising on innovative technology developments, e-commerce, and technology procurement for blue chip clients. We also deal with issues such as software licensing, computer games, data protection and encryption.

We strive to keep our lawyers current on the developments and innovations that affect the market. With our expertise we have advised a number of outsourcing, telecoms, media and information technology companies on issues such as IP, transactional, regulatory issues, outsourcing agreements, privatizations etc.

At FoxMandal we cater to the legal requirements of both Indian and International clients. Our legal services team comprises of professional support lawyers and technical specialists, exclusively dedicated to providing high quality services. Our lawyers have been selected from diverse legal backgrounds, with years of experience in their respective fields, ensuring that all of our service areas are well resourced. We take time to understand your business needs and to identify the legal issues that really matter to your business. This enables us to deliver better solutions to clients through our understanding of the industry specific issues and helps us develop tailored strategic advice which address these issues.

The firm's IT & ITES team has represented a wide range of companies in connection with outsourcing of their requirements in areas such as procurement, manufacturing, logistics, network and software support. Lawyers from different practice groups in the firm work together to provide clients with comprehensive legal services required for successful business ventures.

The team has structured and negotiated on issues that define the expectations and responsibilities for both parties, related remedies in case of failure, ownership and use of intellectual property and data, personnel, real estate, tax implications etc. This multi-disciplinary team specializes in working with clients to identify and anticipate the commercial and legal issues in order to deliver the greatest benefits to clients. We work with procurement and operational teams to identify key requirements, including the services to be outsourced, the most appropriate structure for outsourcing (including the transfer of employees) and the level of service required and price controls.

We see our role as being more than drafting the contracts. We add value by helping to facilitate the transaction and act to become involved as early as possible in the transaction so that we can understand the reasons for the project, the business issues and objectives, the internal resources available and to identify the role and responsibilities to be undertaken by us, thereby assisting us to help our clients assess the issues and the risks involved in the transaction. By combining industry knowledge with strong transactional and advisory capabilities, we are uniquely capable of understanding your business objectives and of developing innovative solutions to legal and commercial issues. In this rapidly evolving environment, it is our ability to anticipate trends coupled with leading-edge know-how, which brings our clients real commercial advantage, making us the firm of choice for e-commerce.

We also represent our clients in various domain name disputes before the Arbitration and Mediation Centre of the World Intellectual Property Organization (WIPO) and the National Internet Exchange of India (NIXI).


Practice Areas

FoxMandal is well equipped to provide the following services to its clients:

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Mergers and acquisitions

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Corporate finance — including securities, private equity and corporate venturing

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Procurement — Systems, hardware and software procurement, integration and maintenance agreements.

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Data processing — Agreements dealing with data processing, Internet connectivity and data networking.

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Outsourcing — Outsourcing of IT and other services, including business processes such as accounts receivable or payroll.

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IT joint ventures — IT joint ventures and IT aspects of mergers and acquisitions.

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Agreement negotiations — Agreements dealing with IT/Communications packages such as the delivery of content to mobile devices

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Intellectual property issues — Intellectual property rights in software, hardware, databases and other technologies or issues involving complex technology licensing, content regulation, registration and enforcement.

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E-commerce and online communications — Cross-border data transfers, e-tax issues and on-line advertising.

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Security — System and network security, data protection, authentication, integrity, confidentiality, information security and record retention.

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Privacy issues — Development of privacy policies and audits, compliance and risk management. 

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Disputes — Management of disputes related to everything we've mentioned, from systems agreements to complex e-commerce transactions, litigation, arbitration and mediation, including technology disputes.  

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Tax planning — including transfer pricing and both direct and indirect taxation

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Real estate— site issues. 

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Regulatory advice 

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Employment, Labour & Human Resources 

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Broadcasting/satellite and digital terrestrial agreements

An indicative list of our clients in the Information Technology and Telecommunications area is as follows: 

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Trend Micro Inc. USA: advised with regard to electronic fraud, EULA, ESCROW, and Security Appliance Agreements for India.

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DST, USA: advised in relation to it’s Software Development Agreement.

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AuthorGen Technologies Pvt. Ltd., India, advised with regard to licensing and software distribution issues. 

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Magnum eSmart Pvt. Limited, India, advised in relation to Software Source Code Purchase, Technology licensing and Technology Escrow Agreement.  

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Infosys Technologies, India advised with regard to in relation to setting up their offices and matters relating negotiating, drafting and documenting of vendor contracts.

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Tyco International Asia, Inc., Singapore advising with regard to MPLS technology implementation and laying down of undersea cable between India and Singapore.

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Carefusion, Inc. USA. advised in relation to its Software Development and Services Agreement.

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UBS Inc. Switzerland, advising in relation to Project Plan of DDS off shoring Initiative to Hyderabad ISC. 

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Verizon Data Services India Pvt Ltd, advising with regard to certain issues related registration of to its back office center under “Other Services Provider” category with Department of Telecommunications.

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Greenfield Online Inc. USA advising in relation to certain matters concerned with employee non-competition and non-solicitation issues.

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Yellowjobs.com -a Taiwan based jobportal and professional networking site advised with regard to setting up of online jobsite in India. 

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US based Jabil Circuit Inc. advised with regard to its corporate compliance setup relating to Data Protection. 

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HCL Infosystems Ltd., advised in acquiring a software technology company engaged in development of leading banking software products in India. 

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Alcatel- Lucent advised on its joint venture with Reliance Communications. 

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Global Crossing Inc., advised on regulatory and licensing issues concerned with Dedicated Internet Access and IP VPN for providing Internet Access and Internet Telephony in India.

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Advising a European client on employee Data Privacy issues relating to the collection of prior criminal conviction information and cross border transfer of such information to the US.

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Recently advised a US based client on Data Privacy issues relating to the use of employee photographs for internal organizational purposes, at one of its back office units in India. 

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Citigroup Global Services Limited - advised on issues relating to the ownership of intellectual property and its sharing with Citigroup US. . 

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STAR TV network - advised on setting up an e-commerce business, dealing with online catalogues.

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Indian Contributors of Clifford Chance’s “Next Law” website.

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Advised and acted on behalf of Huawei Technology Pvt. Ltd on software protection in India and domain name disputes arbitration before the National Internet Exchange of India (NIXI);

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Advised and acted on behalf of ITC Ltd. on domain name disputes arbitration before the National Internet Exchange of India (NIXI);

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Pfizer Inc. - advised on data protection and data privacy laws of India.

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PVI Virtual Media Services, LLC - advised in relation to cross border technology transfer;

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Electronic Arts-advised on investment issue in EA Games India Private Limited;

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Regularly provide specialist regulatory advice to Spice Mobile Communication;

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CAPMARK Overseas Processing India Pvt. Ltd- advised on certain relating to their Service Agreement with an internet service provider for providing the dedicated internet access.

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Commvault Systems (India) Pvt Ltd -providing corporate commercial advise to with regard to certain software development and techncial support services in the filed of unified data software solutions.

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Gameshastra Solutions Pvt Ltd- provided specialist advice to with regard to complex technical issues associated with the development of the PS-2 game platform.

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Gameloft Software Pvt Ltd: advising on various issues relating to corporate commercial matters;

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Xilinx India Technology Services Pvt Ltd.- advised on certain issues relating to their Consulting agreement.

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Engaged by law firm Allens Arthur Robinson on behalf of their client Mac Graw Hill to provide specialists advise with regard to the position of the current Indian laws, regulations and judicial decision on data privacy laws in India. 

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CyberMedia India Ltd. assisted in incorporating an LLC in US its subsequent acquisition of an US Company.

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Lloyds TSB- advised on various queries related to Data Protection Laws, use of satellite phones and various other issues related to telecommunication laws in India.

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Antimafx Studio Pvt. Ltd - advised in relation to its marketing and business development agreements.

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Kumaran Systems - advised with regard to cyber crime related enforcement issues.

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Oracle India – represented in certain litigation matters relating to marketing issues.

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Sword Global – assisted in acquisition of certain entities in India.

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Red Octane Technologies – advice rendered in relation to the setting up of gaming contracts.

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Assab International AB – advice with respect to technology transfer and joint venture in India.

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Saint Gobain Glass India Ltd – advice on technical collaborations and IP licensing work.

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Omnicom Inc.- provided regulatory advice and prepared document retention schedules as per legal requirements in India.

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Network18Online- provided specialist advice rendered with regard to Software and Infrastructure Assignment Agreement.

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Microland Limited: advised in relation to it’s Software Agreements.

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Pacific Internet: advised in setting up its ISP business in India.

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Ethnicgrocer.com : advised in relation to its e-commerce business.

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Pacfusion.com: advised in setting up its business in India.

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Harris & Jefferies Inc.: advised in relation to its venture in India.

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iOMEGA : advised in relation to set up of liaison office in India.

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Mentor Graphics Inc., US: advised in relation to corporate matters in India.

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Weston Knowledge System : advised in relation to its corporate matters in India.

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Yodlee Inc. US : advised in relation to its Indian subsidiary.

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Standard Chartered Bank: advised in relation to setting up call centres in India.

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GE Caps advised in relation to IT activities.

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iSeva Systems Pvt. Ltd.: advising in relation to Call Centre.

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Customer First Services Pvt. Ltd., which took over Hutchinson Max Call Centre division in India, advising in relation to all legal work.

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Ocwen Financial Solutions Pvt. Ltd.: advising in relation to all legal work.

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Primark India Pvt. Ltd.: advising in relation to their entire legal work.

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Advised Mindspeed Technologies Inc. in relation to its Indian activity

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vMoksha advised in relation to their employee related issues.

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Citrix Systems advised in relation to their labour matters.

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Infinera Corporation, US – Assisted in setting up the subsidiary company in India and advising in relation to the entire legal work.

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Optimal Solutions Integration, Inc., USA advised in relation to establishing its wholly owned subsidiary in India.

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Angelz Technologies Pvt. Ltd. advising in relation to certain matters concerned with client data theft.

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ColourChips India Ltd advised in relation to employee related matters.

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Spice Telecom advised in connection with setting up their GSM network in the states of Punjab, Haryana and Karnataka.

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Korea Freetel Co. Ltd. advised in connection with their consultancy project for Reliance Infocom Ltd. for setting up their CDMA network in India.

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Alcatel Advised in relation to the basic telephone services in Madhya Pradesh.

Some of the other clients include:

Name of the CompanyName of the Company
1. Thakral Brothers (Pte) Ltd.11. Sterling Infotech Limited
2. Century Consultants Limited12. Tajonline India Private Limited
3. India Online Network Limited13. The Information Company Private Limited
4. iVillage Inc14. Zenta Technologies Private Limited.
5. LexSite.com Ltd.15. Matiz Inc, USA
6. Mahindra & Mahindra Limited16. FIDELIO Software Gmbh, German
6. 7. Melonfire Pvt. Ltd.17. M Tech Developers Pvt. Ltd. 
8. Pathfinder Solutions Inc18. AT&T 
9. Pink Elephant Software Ltd.19. BPL Communications Ltd.
10. Planet Saffron (India) Private Limited

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Address

FM House, A-9, Sector 9, Noida, Uttar Pradesh - 201301  INDIA


Contacts

Email:
newdelhi@foxmandal.com
Phone:
+91-120-430 5555
Fax:
+91-120-2542 2222

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