Companies doing business in India inevitably run the risk of facing criminal prosecution. These can arise following disclosures under the Foreign Corrupt Practices Act, when relationships with JV partners sour or under a host of regulatory statutes. India has a robust business and economic crimes jurisprudence that includes vicarious liability for directors for criminal offences. The Indian criminal justice system also differs from the US on key issues, such as plea-bargaining. This talk provides an overview of the Indian criminal justice process and also highlights potential roadblocks that a US white collar defense attorney or global practitioner should bear in mind when advising clients doing business in India.
Arundhati Katju is a solo practitioner from New Delhi, India, where she built a wide-ranging litigation practice over the course of a decade. She regularly advises top-tier Indian law firms on criminal defense issues and has extensive experience in Indian and cross-jurisdictional corruption cases. Arundhati specializes in white collar defense at the trial and appellate level, including high-profile cases involving India’s Central Bureau of Investigation. She also has a strong pro bono practice, having appeared in over 100 appellate cases for the Delhi High Court Legal Services Committee, India’s leading legal aid provider. Most recently, Arundhati drafted the first-ever challenge by LGBT petitioners to India’s sodomy law. This closely-watched case is pending before the Indian Supreme Court. Arundhati is a graduate of the National Law School of India University and has an LL.M. from Columbia Law School.
Arundhati is admitted to practice in India and awaiting admission in New York.