Author Archives: Prakhar Rai

Data Breach Response: The Legal Playbook for the First 72 Hours (2026)

 TL;DR: A breach doesn’t wait for you to figure out who to call. If your business handles sensitive data across multiple countries, a single incident can trigger CERT-In’s 6-hour window, GDPR’s 72-hour window, and separate obligations under the US, Australia, and India’s DPDP Act simultaneously, on independent clocks that don’t wait for each other. Most […]

Understanding Loan Agreements: A Guide for Borrowers

loan agreement on a table drafted by contract lawyers

TL;DR: A loan agreement is a contract that sets out the terms on which one party lends money to another: the amount, the interest, the repayment schedule, the security, and what happens on default. For borrowers, the agreement is not just paperwork, it defines exactly what you owe, when, and what the lender can do […]

ESOPs: A Guide to Employee Stock Option Plans for Companies and Employees

TL;DR: An ESOP (Employee Stock Option Plan) gives employees the right to buy shares in their company at a fixed price after a vesting period, letting them share in the company’s growth. In India, ESOPs are governed by Section 62(1)(b) of the Companies Act, 2013 and require a special resolution of shareholders, not just a […]

AI Agent Liability: Who Is Responsible When an Autonomous AI Causes Harm (and What Your Contract Must Say)

TL;DR: When an autonomous AI agent causes harm, no jurisdiction lets the AI itself be liable, because it is not a legal person. Responsibility falls on the humans and companies around it: usually the deployer (the business that put the agent to work), and sometimes the developer or vendor, depending on what went wrong and […]

Is a Contract Valid Without Stamp Paper in India? What the Law Actually Says

TL;DR: Yes. A contract in India is legally valid even if it is not on stamp paper. Stamping is a tax requirement, not a condition of validity. A contract’s validity depends on the Indian Contract Act, 1872, offer, acceptance, consideration, free consent, competent parties, and a lawful object, none of which mention stamp paper. What […]

How to send Legal Notice for Non-Payment in India: Format, Sample & Process (2026)

lawyer writing a legal document

Written by Deepashree Agnihotri, Corporate Lawyer. Reviewed by Prakhar Rai, Advocate (Bar Council of India). Last updated: September 2026. TL;DR: To send a legal notice for non-payment in India, put your demand in writing on the correct legal basis (usually the Indian Contract Act, 1872), state the exact amount owed, the facts, and a deadline […]

What Is a Legal Notice? The Complete Guide Under Indian Law

lawyer writing a legal document

TL;DR: A legal notice is a formal written communication sent by one party to another, usually before starting a court case, that states a grievance, sets out a demand, and gives the other side a chance to put things right within a stated time. In India it is not always compulsory, but for certain matters […]

Argentina’s Mid-Term Declaration of Use: The Trademark Deadline Brands Keep Missing

Mid-Term Declaration of Use in Argentina for brands

TL;DR: In Argentina you must file a sworn mid-term declaration of use (declaración jurada de uso) between the fifth and sixth anniversary of your trademark registration. Miss it and the law presumes your mark is not in use, which opens it to cancellation by third parties and blocks your renewal until you file it and […]

The Supercap: The Middle Tier of Liability Nobody Explains Until You’re Negotiating One

TL;DR: A supercap or supermajority clause is a second, higher liability ceiling that sits above your general cap but below unlimited liability, and it applies only to named high-risk categories such as data breaches, confidentiality, and IP indemnities. It is usually set as a multiple of fees (2x or 3x is common) or a fixed […]

The Trademark Mistake Nobody Warns You About: Your Goods and Services Description

featuring a trademark document with an ® seal and a magnifying glass

TL;DR: A surprising number of trademark objections in India come from one avoidable mistake: a vague, non-standard, or free-typed goods and services description. If you write “software” or “all goods in class 25” instead of using clear, standardised terminology, the examiner can object that your specification is too vague to classify. The fix is to […]