Areas of Practice
Foreign Trade & Investment(India and California)Malhotra & Malhotra has facilitated transactions of trade and investment flowing into the U.S. and India. We have assisted in "deal making" and the entry of businesses into overseas markets. We have structured transactions through a variety of vehicles, including joint ventures, and acquisitions. Further, by reason of our affiliate office in New Delhi, India, which has done extensive work in the area of international tax planning, we have advised and assisted in the setting up of special purpose vehicles for maximizing the advantages available under the various double taxation avoidance treaties. Conversely, we have also been instrumental in bringing overseas companies into the U.S. in a similar manner representing investors from India, United Kingdom, Indonesia and Singapore. Our success in this area of our practice is largely attributable to our cultural sensitivity and a practical understanding that the actions in one country usually have to conform to the laws of two nations.
Corporate and Business Law (India and California)We provide a variety of services to entrepreneurs and businesses including assisting start up entities, with services such as formation corporations, limited liability companies, special purposes vehicles, trusts and general or limited partnerships; preparation of shareholder and buy-sell agreements; establishment of joint ventures and strategic alliances; negotiation, preparation of franchise agreements; real estate purchase, sale or lease transactions; preparation of business contracts, employment agreements and other contractual arrangements; advice and counsel on corporate governance matters; attendance at meetings of the Board of Directors; preparation and filing of business licenses; and representation before governmental and administrative agencies such as the SEC in the U.S. and the Foreign Investment Promotion Board in India.
Mergers and Acquisitionsate (India and California): The firm has represented sellers and purchasers in acquisitions, in both domestic and cross-border small and mid-sized transactions. Based upon our experience we are able to handle the entire project from start to finish or assume specific aspects such as the conduct of legal due diligence or obtaining regulatory clearances. Our attorneys have extensive experience in the M&A field, representing a variety of companies from small privately held entities to entities listed on the New York Stock Exchange. We assist our clients in structuring a transaction to minimize adverse tax impact and provide protection from potential liabilities.
Raising Capital (India and California) Members of our firm have the technical expertise and hands on experience in representing entrepreneurs and established businesses in all aspects of raising capital ranging from the design and preparation of private placement memoranda, arranging mezzanine financing and venture capital, to acting as company counsel in a public offering transactions, whether an IPO or a secondary offering. This aspect of our practice encompasses representation of overseas corporations seeking to issue American Depositary Receipts (ADRs). As company counsel we represent the issuer in all facets of the transaction including, retaining of U.S. counsel for the issue, and assisting them with negotiation with the underwriters, preparation and filing of registration statements with the Securities and Exchange Commission (SEC), preparation of the prospectus and ancillary agreements and documents, listing of the issuer’s securities on national exchanges (New York Stock Exchange, American Stock Exchange, and NASDAQ Stock Market). We are available as counsel to assist the issuer following the completion of the public offering on the issuer’s obligations and duties as a publicly traded company, including preparation of periodic SEC filings and preparation of the Proxy Statement and Annual Report for the Annual Meeting of Shareholders.
Corporate and International Taxation (India only): Our Indian affiliate is one of very few law offices that provides the foreign investor entering India with an entry strategy through appropriate tax planning and structuring. However, this expertise goes beyond mere initial structuring, and into the realm of litigation before all tax courts, up to the Supreme Court of India.
Arbitration and Litigation (India and California): Members of our firm are seasoned litigators with extensive experience in civil and commercial matters arising in both state and federal courts. Our litigation attorneys have significant arbitration and trial court experience. They understand the litigation process and know how to navigate the waters of the California court system. Our Indian office represents its clients all the way up to India’s highest court, The Supreme Court of India.
Immigration (California only) Our firm handles the personal and business immigration needs of our clients. We provide a full range of services to investors, corporate personnel and professionals, including petitions for H-1B for persons with special skills, L-1 visas for intra company transfers of managers and executives and E visas including investors under the EB-5 pprogram and for treaty traders and treaty investors and also represent petitioners for labor certifications.