Misum Hossain

M. Hossain

Founder & Group Head
Lincoln Legal Chambers

  India

  lincolnlegalchambers@gmail.com

 Linkedln Profile

Primary Office: Kolkata, India

Secondary Office: London, UK

Member: International Bar Association, London

Member: Inter Pacific Bar Association, Tokyo

Editorial Board: Trademark Lawyer Magazine, UK

Biography

Mr. Hossain is the Founder & Group Head at Lincoln Legal Chambers, a full service India based legal practice with alliance network in UK, EU, US & Australia.

He is also a Member of the International Bar Association (headquartered in London, UK) and a Member of the Inter Pacific Bar Association (headquartered in Tokyo, Japan). He sits as Editorial Board Member of the widely circulated UK based "Trademark Lawyer Magazine". The magazine is a highly regarded and influential publication, subscribed by the Top 100 IP owners consisting of the world’s largest businesses. Mr. Hossain is currently Honorary VP at Global School of Tech Juris, an Indian non-profit that provides legal education and training in the fields of technology and intellectual property laws.

He is also Chair of the Leadership Group (LLC's governance body) which is responsible for the overall stewardship of the Practice and its entire network of inhouse counsels, external consultants and peers in various foreign jurisdictions.

The Leadership Group takes all strategic decisions related to contentious and non-contentious legal work in India for domestic and foreign clients.

As a dependable adviser to many corporate organisations, Mr. Hossain has built a remarkable reputation for giving commercially sound tactical opinions. He has formed long standing connections with senior managements across diverse sectors. CEOs and Directors sitting in Boards of various business entities count on him personally for advice on dispute resolution, international arbitration, strategic partnerships, business finance, cross border ventures, property acquisition, IP portfolio management & global branding, franchising and corporate reorganisations.

Mr. Hossain has a tremendous eye for detail and boasts an incredible acumen for contract negotiations and commercial transactions. He has an enviable exposure to complex multijurisdictional business restructuring as well as foreign investments into Indian businesses primarily from Europe, North America, South East Asia and the Middle East.

Core Practice

Property and Real Estate (acting for developers, construction companies, building conglomerates, infrastructure material suppliers and private buyers) 

Business & Commercial (advising on shareholder disputes, joint ventures, business asset acquisition, capital raising, investments, corporate governance, boardroom advice, compliance, franchising, market entry, private equity, contracts, merchandising, manufacturing, business incorporation, equity financing and restructuring

Dispute Resolution (leading LLC’s DR team by providing tactical advice, choosing litigation or ADR teams for forums, recommending on senior counsel representation, vetting pleadings and formulating strategies for settlement contracts)

Banking & Finance (working with lenders and borrowers through various legal processes with focus on structured and secured debt financing, funds management, corporate lending, financial regulation, securitisation, real estate finance, debt recovery, settlements, insolvency, debt capital markets, online payment platforms and technology banking)

Technology (counselling clients including digital businesses, software companies, IT system/service suppliers, fintech entities, BPO & KPO, online app developers, payment gateways, intermediaries and technology end users)

Intellectual Property (working with business and private clients on building and registering their IP portfolios in India and globally; advising on copyright, trademark, patents, industrial designs and geographical indications; strategising and representing in IP dispute resolution, ADR, contracts negotiation, franchising and licensing)

Contract (drafting and settling contracts across all 21 Practice Groups of Lincoln Legal Chambers with focus on understanding commercial aspects peculiar to each transaction; advising on negotiations, prosecutions or defending claims; expertise includes bilateral, multilateral, domestic and cross border agreements)

Media & Telecoms (advising clients in media and entertainment sector across diverse domains including TV, OTT, gaming, music, advertising and films; telecoms expertise relates to contracts and leasing with infrastructure companies and dispute resolution with telecom & ISP providers through litigation and ADR)

Representative Experience

  • Advised and represented a Dubai based investment firm in its Supreme Court of India proceedings to help recover INR 400 Million (equivalent to USD $5.6 Million)

  • Represented a Delhi based Hospitality & Leisure Brand in their corporate litigation before the National Company Law Tribunal (Kolkata Bench) and advised in the appeals before the National Company Law Appellate Tribunal (Delhi) and secured a major victory in a business law dispute related to Goa amounting to USD $14 Million

  • Advised one of Eastern India’s reputed Jute manufacturers on certain aspects of their litigation spanning two jurisdictions – UK and India and formulated legal opinions and litigation strategy

  • Represented the employee groups of one of India’s most prestigious management institutions in a pensions dispute before the High Court at Calcutta

  • Advised an Indian IT training company with pan India base on a contractual matter and helped save an approximate sum of Rs. 50 lakhs (Equivalent to USD$ 106,000), despite a lock-in period, by assisting the client in successfully responding to legal notifications regarding breach of contract and avoiding further litigation in court

  • Advised and represented an Indian refractories company in their legal battle with Coal India Ltd. and helped recover approx. INR 1,79,00,000 (USD $251,000) and currently representing them to recover another USD $200,000 in a litigation before the High Court

  • Worked together with a UK based Alliance Team for a litigation based in London in an appeal against the General Medical Council, UK. The Indian team helped the Indian client compile data, structure annexures and prepare fact sheets/synopsis, while the UK specialists looked at the preparation for the Appeal in London. LLC have also assisted the client and the UK Team to empanel and brief a Barrister, renowned for success at GMC appeal cases, for the London hearings.

  • Represented in a matter related to mines and minerals for a legal dispute worth approx. Rs.5000 Crores (Equivalent to USD$ 1 Billion approx.) with work involvement including drafting support for synopses, brief notes and grounds of law and assisting Senior Counsels of the Supreme Court for the main final hearings

  • Advised the legal defence team of a successful Indian Business and Knowledge Process Outsourcing company on legal liabilities concerning technical facilitation provided to US companies for online sale of medicinal substances for US consumers

  • Advised and represented the real estate wing of one of India’s major financial services conglomerate in Supreme Court proceedings related to property acquisitions

  • Advised an India based award winning software company in their contracts with US counterparts by providing legal opinions and subsequent litigation management strategy for IPR disputes

  • Acted successfully for the IT wing of a major Real Estate Company in India by assisting Senior Counsels during drafting and strategy handling for a contentious matter in the Supreme Court of India on the issue of telecommunications spectrum allocation

  • Advised and represented a medical university in India in a litigation before the Supreme Court and secured a victory to overturn regulatory hurdles and helped reopen the University

  • Advised and represented private clients successfully in a high value consumer dispute and won a major victory against a real estate company in Eastern India that was represented by one of India’s top tier law firms

  • Transactions

    • Advised and represented an Indian client in its proposed acquisition of 51% equity in the Indian subsidiary (located in South India) of a Switzerland based clean energy development parent company that also specialises in municipal corporation waste to energy development, waste management and non-conventional energy management.

    • Advised and represented a leading Indian infrastructure company (in the field of construction and infrastructure supplies) in a proposed 20% share acquisition by a foreign IT company. The investment by the foreign company into the Indian company was based on a valuation approach and Deloitte undertook the independent valuation exercise.

    • Advised and represented an Indian based IT Education Company in an investment deal with a New York based hedge fund (global leader for investments in start-ups)

    • Advised and represented an Indian IT Company (based in Kolkata) in a merger with a corporate staffing company (South India) in a deal amounting to approximately INR 450 Million (equivalent to USD $6.3 Million).

    • Currently retained for an Eastern India project to advise on and execute close to 100 conveyances (property registrations) and mutations

    • Acted on behalf of an Indian Limited Company by providing advisory and drafting support and vetting of the entire transaction during their initiative to secure investments from a US financed Corporate firm

    • Retained by a reputed Trust with branches across the world to advise on their Eastern India operations. The Team is advising on the Trust’s charitable housing projects for economically disadvantaged sections

Advisory Services
  • Advised and represented the Indian corporate entity of a major Italian industrial cleaning brand and equipment manufacturer on legal issues related to shareholding, company set up, HR and compliance issues, foreign investments, assignment of intellectual property rights and data protection

  • Advised a Brazilian firm on it’s proposed joint venture initiative with an Indian company by providing guidance on laws related to contracts, technology transfer and intellectual property licensing

  • Advised a non-profit client from London, United Kingdom (which has associated charitable organizations across many countries globally) for its India based property registrations, gift transfers to the community, mutation work and tax related requirements

  • Advised on a matter related to arbitrary levying of unfair corporation taxes in Kolkata faced by a globally renowned European Cash & Carry Company by providing drafting and strategy handling support to the Advocate team from High Court which helped reduce approx. Rs. 1 Crore (Equivalent to USD $212,000 approx.) in tax assessment for the client

  • Approached by a UK based business client to advise on business opportunities, cross border finance, investment in start-ups, IP & IT laws and corporate restructuring in India

  • Successfully advised the India office of a reputed global non-profit entity on legal formalities and property registrations for setting up a charitable project in India

  • Advised a reputed international Wine Retailer on legal issues related to sale of wine in India through online platforms and provided drafting support

  • Advised Retailers Association of a reputed Online Lottery Company in India on laws related to hacking, data protection, cyber security and provided assistance on availing legal remedies

  • Advised the management of a popular domestic restaurant chain in India on legal measures against cybersquatting, issuing “cease and desist” notice and approaching court for remedies;

  • Advised an Indian educational institution on their plans to retain a technology service provider in order to set up data handling and data processing for the institution. LLC also vetted the software license agreement and non-disclosure agreements associated with the project

Academic

BA Law, PG Cert. (Merit) in International IP Laws (Univ. of London)

PG Diploma (Merit) in Commercial & Corporate Laws (Univ. of London)

LLM (Merit) in Computer & Communications Law (Univ. of London)

 

Speaking Engagements

Invited as Special Guest Speaker by the prestigious Confederation of Indian Industries in 2007 to speak about Cyber Laws in a conference hosted in Kolkata and attended by dignitaries from the Government including the Hon’ble State Minister of Information Technology (Govt. of West Bengal), high ranking police delegates, legal counsels and delegates from Microsoft India, Cognizant Technologies, Computer Emergency Response Team (India) among others

Conducted lectures as Visiting Lecturer for Indian academic institutions including the Indian Law Society College (Pune), Government Law College (Mumbai), Symbiosis Institute for Computer Studies & Research (Pune), National Insurance Academy (Pune), Bharti Vidya Peet New Law College (Pune),  BVM Engineering College (Gujarat), Bhawanipur Education Society College (Kolkata) and SKAIL (Kalyani University, West Bengal)

Presided as Event Speaker for the World Intellectual Property Day Conference in 2008 organized at Global School of Tech Juris with the Hon’ble Mayor of Kolkata as the Chief Guest

Launched the first non-profit initiative of Eastern India for technology laws training in 2006 in the presence of honourable dignitaries including the Hon’ble Mr. Justice Altamas Kabir (former Chief Justice, Hon’ble Supreme Court of India) and the Hon’ble Mayor of Kolkata (testimonials available on www.gstj.org)

Chaired the 4th GSTJ Cyber Laws Workshop at Kolkata in 2007-08 with participation from Khaitan & Co. (reputed Indian Law Firm) Mergers & Acquisitions Department as Special Guests

Presided as Event Speaker for a special GSTJ Seminar on Cyber Infrastructure in West Bengal (India) in 2006 with the Principal Secretary, Department of Information Technology, Govt. of West Bengal as Guest Speaker

Led 6000 + hours of lectures, workshops, seminars and conferences since 2005 across India for students, professionals, corporate delegates, in-house company departments on IT and IP laws and security awareness; some of the trainees are now part of the judiciary at different levels in India

Conducted training programs on cybercrime and cyberspace policing for delegates from law enforcement agencies including CID West Bengal and Police Training College, Barrackpore.

Conducted training programs on technology laws, intellectual property and forensics as Faculty Head for Global School of Tech Juris (www.gstj.org); conceptualised training modules and courseware for professionals and undergraduate/postgraduate students

Press & Testimonials

The Telegraph (English daily)

Careergraph (supplement of The Telegraph)

The Statesman, Hindustan Times & Education Times

Career Profile Interview covered by Bengali careers magazine Uneesh Koori (published by Ananda Bazar Patrika, a major publishing house who also publish other dailies)

Was featured in May 2006 on the news broadcast of various regional news channels for the launch of Global School of Tech Juris (e.g. Zee, Doordarshan, Kolkata TV, Chobbish Ghonta)

Received glowing testimonials in 2006 from the former Hon’ble Chief Justice of India and the former Hon’ble City Mayor for contribution in awareness and social impact through the launch of the pioneering Global School of Tech Juris

Published Works

Keyword Advertising - Fairplay or Trademark Infringement - Article co-authored with Ms. Fatima Khanom (UK & EU Regional Head, LLC) and featured in the July 2022 edition of The Trademark Lawyer Magazine [link]

Indian High Court grants Burger King injunction to ward off infringement and fraud - Article featured in May 2022 Newsletter of UK based, highly regarded and widely circulated international magazine - The Trademark Lawyer [link]

French luxury footwear brand Louboutin loses trademark case in Japan [link]

'Red Bull’s wings clipped by Indian Court in trademark row' - Article featured in April 2022 Newsletter of UK based, highly regarded and widely circulated international magazine - The Trademark Lawyer [link]

Keyword Advertising: Fair Play or Trademark Infringement

Crypto Crisis: Need for Regulation; Not Total Ban For Cryptocurrencies [link]

Online Betting & Fantasy Apps - Indian Law & Perspectives [link]

Moment Marketing & Sporting Events - Legal Issues [link]

App Icons - Modern Trademarks [link]

Major fillip for Bengal real estate sector: Reduction in Market Value & Stamp Duty [link]

Cyber Voyeurism - Perverts Dot Com

Censoring the Cyberspace

Contracts, Internet & Digital Signatures

GSTJ Cyber Law Guide - Text Book for Cyber Law and E-Forensics

Web-Squatters - Domain name disputes in UK, US & India

‘Outsourced’ - Article on the trend of BPO & KPO from UK & US into India and legal issues

‘Hacked’ - Article on the growth of hacking and evolution of laws in India to curb its menace

Phished: Social engineering, credit card frauds and cyber security

‘Phishing’ - Online training video available (click)

Article on Cyber Voyeurism - Archived with author's permission in a compilation book called Cyber Jurisprudence consisting of articles from leading  experts around the world and compiled by K.Prasanna Rani [Published by ICFAI Publishing, Available on Amazon]