ASHISH PRASAD

Ashish Prasad is the Managing Partner of Acara Law LLP.

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In a career spanning more than 20 years, Ashish has advised a vast range of industries on diverse issues involving Constitutional Law, Securities Law, Banking, Bankruptcy, Environment Law, Debts Recovery, Energy & Infrastructure, Food & Pharma, Mining, Land Acquisition, Intellectual Property, Arbitration, Media and Telecommunication.

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Ashish is recognized for his ability to resolve complex commercial disputes and mitigate business risks.

Ashish regularly advises the Mines and Metals Industry, Cement manufacturing industry, Energy & Infrastructure industry, Foor, Pharma & FMCG industry on issues involving policy and regulatory changes, government actions, statutory compliances and contractual disputes.

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Having started his career with Lall & Sethi Advocates in 2003, he has advised and strategized IP enforcement actions, involving Trademarks, Copyrights, Designs, Patents, Domain Names, Confidential information, Trade secret, Comparative advertising, Counterfeiting, Ambush Marketing and executed Anti-piracy operations in India and South Asia Subcontinent, before expanding his foray into the Securities, Commercial Litigation, Arbitration and Dispute Resolution practices. He continues to advise a wide range of industries on protection of their Intellectual Property Rights. Ashish regularly appears before the Hon’ble Supreme Court of India, various High Courts in India and Tribunals.

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Ashish was a Partner at Lall & Sethi and Luthra & Luthra and a Senior Partner at ELP before founding Acara Law.

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He is an alumnus from Delhi University and has completed courses in Intellectual Property law from World Intellectual Property Organization (WIPO), in addition to holding a Diploma on Cyber Laws from Indian Law Institute, New Delhi. He is admitted with the Bar Council of Delhi.

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Key Matters

• Representing leading Artists in protection and enforcement of their IP rights. 

• Advising Pharma companies in steering through regulatory changes in the sector.

• Advising on issues relating to dispute between management and labour union in relation to terms of employment including retirement age and termination.

• Advising a leading sports association in following up with changing landscape and compliance with sports code and representing them in courts in various matters.

• Advised and represented DFCCIL in FIDIC based ICC arbitrations.

• Advised and represented L&T in arbitrations.

• Defended first approval for a biosimilar cancer drug in India and has strategized a timely launch of the drug.

• Advised several other drug companies in defending their biosimilar approvals before Courts.

• Successfully challenged the issue of Product Approval (proprietary food) up until the Supreme Court.

• Successfully led the FOPE/IDMA/CIPI – Associations in their challenge to the ban on Fixed Dose Combinations before Delhi High Court.

• Advising and representing power companies before SERC, APTEL and SC.

• Advising corporations in relation to refund of benefits under industrial policies, impact of any new levy, cess, under any law or a new legislation including challenging the regulations / legislation before courts.

• Advising corporations in relation to Prior Allottees’ claims in relation to mines allocated under the CMSP Act, 2015.

• Advising regularly on key mining related issues in the country – including the recent NIT and handling litigations in relation to auction under the CMSP Act, 2015.

• Advising and Representing mining and power generating companies – Aditya Birla Group – in challenging government actions imposing sanctions on their mining and captive power generation activities, invocation of bank guarantees, RPOs and trading of RECs etc.

• Advising in and handling international arbitration in the space of infrastructure as also shareholders’ dispute.

• Advising and representing independent directors in relation to asset freeze orders passed by courts in relation to ILFS and Firestar International (Nirav Modi companies).

• Advising and representing successful Resolution Applicants in disputes relating to approval of Resolution Plan.

• Dealt with myriad issues (FM, NPA Employment/PF related) arising due to change in law and government notifications enforcing lockdown due to Covid 19.

• Assisted hospitality and real estate industry in handling the downturn in business due to Covid 19.

• Handling IBC issues before NCLT, NCLAT, Supreme Court and rendering strategic advising.

• Securities litigation including disciplinary action for SEBI and NSE Clearing Limited before SAT and Supreme Court in wake of the orders passed in ILFS matter.

• Advising a leading telecom company in AGR/OTSC related issues.

• Represents a wide range of clients in domestic and international arbitration.

• Assisted one of the leading breweries in action relating to corruption/white collar crimes.

• Advised leading technology-based companies under Data Protection Laws – laying down the compliance protocol, OSP registrations, net neutrality.

• Successfully mitigated damage/claims arising out of crop failure/farmers claims due to alleged insecticide-failure for a leading science-based company.

• Advising Pharmaceutical and Food companies on regulatory issues.

• Represented one of the leading Telecom operators in defending the company in its issues arising out of cancellation of its Unified Access Service Licenses (2G Spectrum case) including representing the Company in allegations of wrongdoings before Special 2G Court and other legal (contractual as well as regulatory) actions pending before various courts and Tribunals across India.

• A class action on behalf of shareholders in a dispute between a foreign shareholders / Investors.

• Advising a leading sports association in relation to its constitution and interplay with the Indian Sports Code, elections, and development of sports in India.

• Successfully obtained non- compete injunction in a dispute arising out of joint venture agreements between an Indian and a Swiss company.

• Represented one of the largest bottlers for a leading soft drink manufacturer before National Green Tribunal against a factory closure notice.

• Represented a well-known media house in a dispute relating to Media Rights License Agreement(s) in relation to a game of national importance, successfully obtained anti-arbitration injunctions in a dispute between two foreign entities.

• Strategizing and executing IP enforcement actions for major pharmaceutical companies.

• Advised India’s premier news agency in protection and enforcement of its Intellectual Property Rights –Copyrights in news items.

• Defamation proceedings in India/UK on behalf of the promoters of a leading media house.

• Multi-jurisdictional (Trans-Border litigation) dispute in relation to Patent Licenses Agreements.

 

Recognition

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• Benchmark Litigation

“Ashish Prasad is sharp, pragmatic in his advice and knows how to navigate tough issues. His client care is excellent. He is ably supported by junior partner, Mukta Dutta. The team works very hard and are at the top of the market in terms of quality.”
“He is a very able leader who works hard with the team.”

 

• Legal 500

Recommended for Litigation and Arbitration
Recommended for Projects & Energy.

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• RSG India Report

Ashish is described as ‘very hands on’ and ‘decisive’. He recommends a ‘firm plan of action’ with ‘innovative solutions. Commended for his proactive and ‘detail-oriented’ advice. He was described as ‘highly commercial and practical’.