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Smita Paliwal

Overview

As a Partner- Dispute Resolution, Smita Paliwal's primary fields of practice include regulatory approvals, joint ventures, acquisitions, company law, labour and employment law, exchange control, general commercial transactions and corporate litigation. She also leads the firm’s division on the prevention of sexual harassment (POSH). She also leads workshops and client training in sexual harassment prevention.

Representative Clients:

Some of the clients that Smita advises include HPCL, MRPL, Honeywell, Siemens, Swiggy, Johnson Controls, Citibank, Ashok Leyland, Nissan, Aviva, Tata AIA, PNB MetLife, Bajaj Allianz, DHFL, Bella India Healthcare, Perry Johnson, Times Innovative Media Ltd.

Conferences, Seminars & Publications –

  • Was a part of the ALB India Rising Stars 2022 published by Asian Legal Business
  • Opinion on prevention of sexual harassment at workplaces was published in Live Mint edition dated September 21, 2021.
  • Co-authored an article on “UAE as ‘Reciprocating Territory’: The Law, The Challenges and The Way Ahead!”, published on Lexlogy, March 24, 2020.
  • Authored an article on “Deferment Or Waiver: Interim Relief To SEZs Amidst Outbreak Of Covid-19”, published on Indian Law Watch, May 18, 2020
  • Opinion on POSH Act: The Challenges and the Way Forward was published in the annual review of the State of Sexual Harassment in India, edition 2020 by Council of Ethics, WICCI (Women's Indian Chamber of Commerce & Industry)
  • Opinion forms part of an article on “What you should know about sexual harassment in the workplace” published on Live Mint, edition October 15, 2018.
  • Presented a paper on “Eminent Domain & Compulsory Licensing Provisions in Patents” in a National Seminar on Intellectual Property Rights at Udaipur in the year 2009.

Indicative Experience

Labour & Employment

She has extensively advised clients on various issues relating to retrenchment of employees in accordance with the provisions of the Industrial Disputes Act, 1947 including advice on payments due to such employees under the Provident Fund Act, Gratuity Act, etc., Labour disputes pertaining to employment agreements. Assisted clients in connection with employment contracts of senior managerial personnel and junior level employees.

Assisting clients through challenging disciplinary and legal action processes, such as disciplinary hearings, bargaining council negotiations. Advised clients on handling of POSH cases, been a member in the POSH committee for multinational companies.

  • Advised Vikram Hospital (Bengaluru) Pvt. Ltd. for setting up of an Ethics committee under Indian Council of Medical Research Ethical Guidelines also served as a member for two years.
  • Advised PNB MetLife Insurance for setting up a committee for handling a complaint filed under POSH, also served as a chairman. Also served as a member of POSH at RGF Select India Pvt. Ltd. and Vikram Hospitals (Bengaluru) Pvt. Ltd.

Litigation

Drafted original suits and petitions, interlocutory applications, criminal complaints, notices, reply notices etc., researched case laws, briefed senior counsels and appeared before the High Court as well as lower courts, consumer courts, etc., Karnataka Pollution Control Board, Office of the Commissioner of Central Tax, National Company Law Tribunal at Bangalore.

  • Representing MRPL in one of the arbitration proceedings.
  • Representing HPCL in a high stake matter at High Court of Karnataka.
  • Representing Swiggy in an administrative proceeding before the UDRP, WIPO.
  • Representing Times OOH before the High Court of Karnataka regarding the recent circular issued by the BBMP banning usage of polythene in advertisements/ hoardings.

Information Technology

Through Uniform Domain-Name Dispute-Resolution Policy (UDRP). Drafting and filing of complaint, assisting the client with settlement process.


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