Practice Notes

Guide for Indian Lawyers to Practice U.S. Law Remotely

Guide for Indian Lawyers to Practice U.S. Law Remotely

Practicing law in the United States without moving there is challenging but increasingly feasible. Indian lawyers – with training in a common law system – have multiple pathways to engage with U.S. legal work from India. This guide provides a step-by-step roadmap, including states that allow foreign-trained attorneys to sit for the bar exam, the …

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Establishing a Legal Practice in Dubai: A Comprehensive Guide for Foreign Lawyers

Establishing a Legal Practice in Dubai: A Comprehensive Guide for Foreign Lawyers

Chapter 1: Introduction to the UAE Legal Landscape This foundational chapter provides foreign lawyers with an essential understanding of the United Arab Emirates’ distinctive legal environment, with a particular focus on Dubai. It explores the hybrid nature of the UAE legal system, the crucial distinctions between onshore and offshore jurisdictions, and identifies the significant market …

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Starting a Legal Practice in Dubai: A Practical Guide for Foreign Lawyers

Starting a Legal Practice in Dubai: A Practical Guide for Foreign Lawyers

Foreign lawyers trained in common law jurisdictions often find the Dubai market attractive, but must navigate new regulatory, cultural and business requirements. This guide provides step-by-step advice for common-law trained lawyers (e.g. UK, US, India) to establish a practice in Dubai. We cover licensing (for mainland Dubai/UAE and DIFC), company setup (free zone vs mainland), …

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Condonation of Delay: Principles and Practices Under Indian Law

Condonation of Delay: Principles and Practices Under Indian Law

Delay condonation represents a cornerstone of the Indian judicial system, rooted in the principle that technical lapses should not become barriers to the delivery of substantive justice. Recognizing that human and systemic errors can occasionally lead to procedural delays, Section 5 of the Limitation Act, 1963, provides the legal foundation for condoning delays in the …

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Intellectual Property Rights in the UAE: A Lawyer’s Handbook

The United Arab Emirates (UAE) has emerged as a hub for business and innovation in the Middle East, making the understanding and enforcement of intellectual property (IP) rights crucial. IP rights in the UAE are governed by a comprehensive legal framework designed to protect the creations of the mind, including inventions, literary and artistic works, …

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Corporate Compliance in the UAE: Essential Legal Protocols

The United Arab Emirates (UAE) has established a robust framework for corporate governance to ensure transparency, accountability, and ethical business practices. This practice note delves into the essential legal protocols for corporate compliance in the UAE, covering various aspects such as company types, governance requirements, roles of boards and shareholders, and reporting obligations. Types of …

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U.S. Administration Stands Firm on Diversity in Military Academy Admissions Amid Legal Challenge

In a significant legal development, the Biden administration has taken a resolute stance in support of race-conscious admissions policies at the United States Military Academy at West Point. This move comes in response to a legal challenge against the academy’s consideration of racial factors in its admission process. The case centers around the contentious issue …

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Understanding the Limitation Period in Domestic Violence Cases

The “Kamatchi vs. Lakshmi Narayanan” case is pivotal in Indian legal history, especially in the context of domestic violence. This Supreme Court judgment addresses critical aspects of the Protection of Women from Domestic Violence Act, 2005, specifically the application of the limitation period. The case is significant as it clarifies legal ambiguities regarding the timing …

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Upholding Judicial Integrity: Supreme Court Advocates Dignified Working Conditions for Judges

In a landmark ruling on November 30, 2023, the Supreme Court emphasized the imperative of ensuring dignified working conditions for judicial officers, both during their active service and post-retirement. The pivotal case, All India Judges Association v. Union of India, focused on the implementation of recommended pay hikes for judges, as proposed by the Second …

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Scope and Limitations of Court’s Power to Summon Witnesses Under Section 311 CrPC

In India, under Section 311 of the Code of Criminal Procedure (CrPC), the court has the authority to summon or recall any person as a witness at any stage of a trial if it considers their testimony essential to the interests of justice. This provision ensures that no aspect of a case is overlooked and …

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