India Practice

Since midnight on August 15, 1947, when Pandit Jawaharlal Nehru heralded India’s independence in redeeming the pledge of its tryst with destiny, India’s rise to prominence on a global stage has been meteoric. In a little more than six decades, India’s burgeoning middle class, economic reforms, decrease in poverty and increase in prosperity have catapulted it to the forefront of global economic affairs and a real player in the global business arena.

With this new prominence, India’s role as a strategic partner of United States business interests cannot be understated. India’s people represent a huge amount of demand for goods and services that U.S. companies can satisfy. Opportunities for investment in India have never been better, and are on pace to continue to grow. India’s GDP growth is consistently above 5%.

India’s meteoric rise stems from its commitment to reform and change in its economic, legal, business and administrative rules and procedures. Nevertheless, such reform does not happen overnight; regulations, financial rules, protectionist practices, and a bloated bureacracy, impose challenges to entry, establishment and growth of U.S. business interests in India.

Clark Hill helps businesses by providing guidance and sound legal strategy to handle the tensions between the new India of progressive economic reforms and ease of access and business with foreign investors and businesses and the old India of license, permits and red tape. Clark Hill helps businesses to succeed in this market, by working with them to develop unique business plans which seamlessly meld with the complex milieu of old India restrictions and new India reforms to establish, succeed and grow in India.

To counsel and guide its clients, Clark Hill boasts not only a team of practitioners with significant knowledge and expertise (several of Indian decent with over five native language skills), but also well developed and extensive Indian contacts, legal partners, and business associates.

India is a major player in international business. From manufacturing to financial services and information technology, Clark Hill provides legal and business counsel well-versed in both the Indian and US legal systems and corporate cultures. Whether you’re an American doing business in India or an Indian doing business in Southeast Michigan, our experienced team of attorneys and our international affiliates in the India Practice Group can work with you from startup to incorporation to operations. We’ve represented everyone from charities to banks to steelmakers with U.S.-India business ties. Our clients have come to us from North America and India alike.

As a multidisciplinary practice group that crosses the borders from the U.S. to India, we bring the ability to handle all facets of cross-border business, and even provide suggestions on how to make the interactions of the two countries’ laws work in your favor in terms of corporate structure, compensation and other issues. We help our clients grow, whether they’re American companies doing business in India, Indian companies doing business in the U.S. or companies founded by non-resident Indian entrepreneurs that are growing in their adopted homes here in America.

One of the United States' leading full-service law firms, Clark Hill has the capability to be a one-stop shop for all kinds of international business issues, including assisting a client in transferring personnel from one country to another, acquiring real estate, patenting R&D breakthroughs or defending against litigation. Our team combines legal expertise with the appropriate language skills and cultural sensitivities to work on your behalf.

The India Practice Group at Clark Hill is an unmatched resource to help you grow your international business, whether you’re from Detroit or New Delhi, Michigan or Andhra Pradesh.

Relevant Experience

A few examples of our experience include:

  • Represented Major Indian Manufacturer in acquisition of U.S. Company
  • Represent the interests of leading Indian O.E.M.'s in corporate and litigation matters in the United States
  • Obtained charitable status in the U.S. for Organization devoted to building schools in rural India
  • Protected intellectual property and software rights in matter involving IT company doing business in India and the United States from cyber-theft in India
  • Serve as corporate counsel to large physician organization made up of doctors of Indian origin
  • Represented a cultural organization made of individuals of Indian origin in obtaining charitable status with the Internal Revenue Service
  • Provide immigration, tax, and corporate counsel to U.S. automotive subsidiary of large Indian corporation
  • Consulted with Indian-American Dual Citizen regarding international tax and estate matters
  • Serve as General Counsel of prominent Hindu Temple
  • Interface with Indian Attorney Affiliates regarding U.S. client's intellectual property rights
  • Assist Indian companies seeking to enter the U.S. market with full service representation (employment, real estate, tax, immigration, corporate) and assist U.S. companies seeking to do business in India
  • Represent U.S. companies entering the Indian market, including advice on corporate form and taxation
  • Represent non-resident Indians in estate planning and real estate interests in India
  • Represent Indian companies in enforcing and defending their legal interests in courts throughout the United States
  • Serve as a hub and connector in the business community

Experience

Represented a U.S. distributor of chemicals for criminal violations of the provisions of the Montreal Protocol on Substances that Deplete the Ozone Layer
Represented a class of claimants regarding currency seized under bulk cash smuggling provisions of the U.S.A. Patriot Act
Counsel to the administrative agent and lead arranger with respect to approximately $160,000,000 in senior secured credit facilities consisting of first lien, second lien and fully subordinated tranches as well as letter of credit and working cash sub-facilities for a specialized manufacturing company with U.S. and Canadian operations. The credit facilities provided for the recapitalization of and working capital for the loan parties and are secured by liens on substantially all of such parties' real and personal U.S. and Canadian assets.
Represented the Agent with respect to a $75,000,000 asset based credit facility involving borrowers in the steel industry, one of which is located in the United Kingdom. The credit facility was secured by assets located in the United States and the United Kingdom. TR&A also provided counsel as to the transaction structure including analysis as to deemed dividend, withholding tax and pension liability issues.
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