Compliance and Governance in India: What US General Counsel Need to Know in 2026 (On-Demand)
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What Does India's Compliance Landscape Look Like in 2026?
India's compliance landscape has changed significantly over the past year. The Labor Codes are now operational, the Digital Personal Data Protection framework is moving into its enforcement phase, and proposed reforms to the Companies Act would decriminalize a range of procedural defaults while retaining criminal liability for fraud and breaches of fiduciary duty. Much of what U.S. legal teams were advised about India even eighteen months ago now warrants a fresh look.
Bringing together specialists in corporate governance, employment law and data protection, this session will provide:
- A practical update on the developments most relevant to U.S. companies with operations in India
- An examination of board governance and director responsibilities, including the personal statutory and fiduciary obligations imposed under Indian law. Those duties are not displaced by instructions from a parent company, and enforcement is increasingly focused on individual accountability.
- Insights on the implications of the new Labor Codes, developments under India's digital personal data protection regime, and practical approaches to managing compliance risk across Indian operations.
- Discussion on how governance and compliance gaps surface commercially – as diligence issues, valuation adjustments, indemnity exposure in transactions, and delays at exit.
The focus throughout is on practical steps that U.S. General Counsel can take to manage legal risk, rather than a survey of Indian statutes.
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Generously sponsored by Khaitan & Co.
*This On-Demand Webinar is CLE/CPD Approved*
This session is part of the Investing in India Series.
Click Here to view all sessions and register for the full series.
Shaily Gupta (Moderator)
Partner | Direct Tax
Khaitan & Co.
Shaily Gupta is a Partner in the Direct Tax practice group. Prior to joining the Firm, Shaily was an executive director at Vaish Associates Advocates (New Delhi).
Prasenjit Chakravarti
Partner
Khaitan & Co.
Prasenjit Chakravarti is a Partner in the M&A, Corporate and Commercial practice group. With nearly two decades of experience, Prasenjit specializes in mergers and acquisitions, including share transactions, asset transactions, business transfers, and joint ventures. He has extensive M&A experience across a range of sectors including automobile, renewable energy, chemicals, telecoms, and technology. Prasenjit has worked on significant domestic and cross border transactions for both sellers and buyers including strategic buyers and financial sponsors advising on a range of legal, commercial, regulatory and governance issues. He regularly advises offshore clients and is a member of the Firm’s US and German Desk. He was recognized by India Super 50 Lawyer by Asian Legal Business 2023, Leading Lawyer Champion (Corporate and M&A) by Legal Era in 2023 and M&A law expert of the year by Leaders in Law Legal Era 2023, Recommended Key Lawyer (M&A) Legal 500 Asia Pacific 2023 and as one of Leading Lawyer (Best Corporate & M&A Lawyers) for 2022.
Harsh Walia
Partner
Khaitan & Co.
Harsh Walia is a distinguished Partner in the TMT and Data Protection Practice Groups at Khaitan & Co, advising Indian and global clients across telecom, technology, and data privacy-driven sectors. With over 20 years of experience, including in-house roles with global telecom and tech majors, Harsh brings unmatched depth in regulatory, transactional, and contractual matters. He has led complex mandates involving telecom licensing, data protection, OTT services, satellite connectivity, spectrum trading, M2M, VNOs, and infrastructure sharing. His commercial expertise spans high-value contracts for software, hardware, managed services, outsourcing, network interconnection, and roaming, among others. A recognized thought leader in data protection, Harsh is a Certified Data Protection Officer (India) and holds the GDPR FAS Certification from the EU GDPR Institute. He advises on data privacy compliance, cross-border transfers, breach response, and global best practices.
Harsh has been named a ‘Leading Partner’ (Data Protection) by Legal 500 Asia-Pacific 2025, and consistently ranked over the years as a ‘Next Generation Partner’ for TMT and ‘Recommended Lawyer’. He features in India Business Law Journal’s Indian Law Firm Awards, BW Legal World’s 40 Under 40, ALB India’s Top TMT Lawyers, and as a ‘Highly Regarded / Leading Lawyer’ for Telecom Networks (IFLR1000). Chambers and Partners has also recognized him as a ‘Notable Practitioner’.
Abhinav Rastogi
Partner | Employment, Labour, and Benefits
Khaitan & Co.
Abhinav Rastogi is a Partner in the Corporate and Commercial practice group in the New Delhi office. He specializes in employment law and compliance matters. He has been actively involved in general to complex employment law matters including advice and support on retrenchment of employees, closure of establishments, matters involving transfer of business and undertakings, complaints relating to sexual harassment and misconduct/ internal disciplinary hearings, drafting of employees related policies and contracts.
He has advised on the movement of employees and their benefits from one entity to the other (during mergers and acquisitions), including due diligence and working on transaction documents to ensure compliance with applicable labor and employment laws.
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