Nikhil Varshney

Nikhil is a Partner in the Disputes, White Collar Crimes and Investigations practice at the Delhi office of Cyril Amarchand Mangaldas and has over a decade of experience in advising clients on complex disputes, white-collar crime litigation and investigations.

His practice encompasses general commercial litigation – both cross border and domestic- as well as cross-border investigations, international sanctions, anti-bribery and anti-corruption/anti-money laundering and white-collar defence.

He acts for marquee clients before the Supreme Court, High Courts, arbitration tribunals, and District Courts.

Additionally, he acts represents multinational corporations, Indian and foreign banks and financial institutions and high-net-worth individuals in regulatory investigations conducted by various authorities including the Directorate of Enforcement, the Central Bureau of Investigation, the SFIO, Foreigners Division (MHA) and Economic Offences Wing. He also represents clients in proceedings arising out of such investigations and/or distinct criminal litigation before various judicial forums.

He has significant expertise in conducting internal investigations spanning a broad spectrum of issues, including bribery and corruption, anti-money laundering compliance, ethics and integrity compliance, corporate misconduct, financial irregularities, fraud and whistle-blower complaints for corporations and financial institutions.

He also regularly advises clients on international sanctions compliance (including OFAC sanctions), FEMA-related regulatory matters, export control issues and abac/aml compliances.

Relevant Experience:

Litigation

Representing a leading engineering solutions company, which underwent resolution under the RBI prudential framework, before the High Court of Delhi and the trial Court in proceedings initiated by the Directorate of Enforcement in connection with alleged offences of money laundering.
Representing a leading multinational electronics company in a high-value commercial arbitration administered under the Rules of the Delhi International Arbitration Centre, arising out of a partnership agreement concerning digital advertising monetisation for the company’s proprietary platforms.
Representing one of Norway’s largest banking and financial services institutions in an execution proceeding filed before the High Court of Delhi by a leading Indian public sector oil and gas company, seeking enforcement of an arbitral award against the bank as a non-party custodian holding escrow funds in Norway.
Represented an ultra-luxury automobile manufacturer in a Commercial Suit and consequent appeals before the High Court of Delhi and Commercial Court, Saket by its erstwhile authorised dealer challenging the termination of dealer agreements.
Representing leading American multinational consumer goods corporation before the Supreme Court in relation to proceedings instituted against it in relation to an IP violation and helping the US law firm in 1782 proceedings instituted in the United States.
Representing one of the leading generic players in the pharmaceutical industry in Canada in proceedings before the High Court of Allahabad in relation to proceedings instituted against it for copyright infringement.
Represented UK based leading automobile manufacturer before the CESTAT, New Delhi in relation to allegations of abetment and consequent penalty being imposed under the Customs Act, 1962.
Representing leading global expert firm for organizations facing crisis and transformation before Courts in defamation proceedings filed against them.
Represented a leading multinational oil and gas equipment company in a writ petition before the High Court of Madras, challenging show cause notices issued by the Registrar of Companies threatening criminal action for delayed filing of cost audit reports under Section 148(8) read with Section 147(1) of the Companies Act, 2013.
Represented a US based real estate company before the High Court of Delhi in a matter involving execution of letters of request and consequent appointment of commissions for proceedings pending in the US Courts concerning theft of intellectual property, infringement of copyright, data theft through intermediaries in India via improper access, misappropriation of proprietary content.
Represented a senior employee of major American cargo airline in criminal proceedings before the High Court of Delhi and Trial Court involving alleged unlawful possession of a satellite communication/GPS device under the Telecommunications Act, 2023.
Represented a promoter before the Supreme Court of India and the High Court of Chhattisgarh in connection with his arrest on charges of money laundering by the Directorate of Enforcement. Additionally, representing the promoter in the related attachment proceedings before the Appellate Tribunal (under PMLA), New Delhi.
Representing a large pharmaceutical company and its directors before the High Court of Punjab and Haryana in proceedings arising out of alleged contraventions of the Drugs and Cosmetics Act, 1940.
Represented a steel manufacturer in writ petitions before the High Court of Chhattisgarh challenging orders of recovery passed by a large coal producer in India.
Representing a foreign bank operating in India in proceedings before the Adjudicating Authority (under FEMA), Chennai, concerning alleged FEMA violations. Represented the bank before the High Court of Madras in challenging certain orders passed by the said Adjudicating Authority (under FEMA), Chennai.
Representing a prominent Indian company in the education sector and its directors in criminal proceedings before the Trial Court as well as the High Court of Punjab & Haryana.
Represented foreign employees of a Chinese power construction company before the Supreme Court of India, assailing the order of the High Court of Chhattisgarh on the framing of charges under culpable homicide not amounting to murder in connection with a force majeure incident resulting in the loss of lives of labourers.
Represented a high-net-worth individual in a criminal complaint for defamation instituted by her against another high-net-worth individual.
Represented and advised a prominent content creator in criminal proceedings initiated by him against an investor, inter alia, alleging forgery, cheating and criminal conspiracy. Interfaced with police authorities across two territorial jurisdictions.

Advisory (sanctions related and white-collar crimes) and internal investigation

Conducting anti-bribery and anti-corruption/anti money laundering and sanctions diligences in several corporate deals.
Handling multiple regulatory and criminal investigations in India and SEC, FCPA and UKBA proceedings.
Represented one of India’s leading information and communication technologies distribution company in what is referred to as India’s largest ongoing investigation being conducted by the Directorate of Enforcement (ED) against E-commerce businesses for potential violation of Press Note 2 (2018 Series) read with Foreign Exchange Management Act, 1999.
Advising the world’s leading international equine charity in relation to allegations of Foreign Contribution (Regulation) Act violation.
Advised an international bank in a sensitive internal investigation prompted by whistle-blower allegations against the head of its Corporate Social Responsibility (CSR) function, concerning the misappropriation of CSR funds and manipulation of processes to favour certain suppliers.
Advising a United States-incorporated company operating a blockchain-based social network for content creators in connection with the filing of a criminal complaint against an individual and unknown persons for offences including cheating, cheating by personation, forgery, mischief and identity theft under the BNS and the IT Act.
Advised a leading global technology company on the cross-border acquisition of the telecommunications solutions business of an entity through an itemised asset sale structure, involving the procurement of intellectual property rights.
Advised a leading US-based pharmaceutical company with manufacturing operations in Spain in connection with a potential customs law violation concerning its nutraceutical exports to India.
Advised a leading information and communication technologies distribution company in connection with an investigation by the Directorate of Enforcement into the business of a leading global e-commerce marketplace for potential FEMA violations.
Advised an Indian subsidiary of a leading global transportation services company in conducting sensitive internal investigations prompted by whistleblower allegations concerning bribery, vendor favouritism, round-tripping of funds and non-compliance with provident fund contribution obligations.
Advising a Norwegian fertilizer company in connection with a trial pending against it before Indian Courts under the Prevention of Corruption Act, 1988.
Advising a Norwegian fertilizer company in connection with a trial pending against it before Indian Courts under the Prevention of Corruption Act, 1988.
Advised a leading Indian fashion-led hypermarket on sanctions-related compliance queries.
Advised one of the largest public sector banks on undertaking a particular transaction involving banks sanctioned by OFAC under the Burma Sanctions Regulations.
Advising a foreign bank operating in India on the assessment of its payment clearing model for remittances to foreign entities, to ensure compliance with the rules and regulations under FEMA.