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“Litigation is a marathon where the efforts that one puts in during the initial years yield results in the long run.” – Ramakrishnan S, Advocate on Record and Principal Attorney at Shiva & Co. Advocates.
This interview has been published by Anshi Mudgal and The SuperLawyer Team
What initially inspired you to pursue a career in law? Was it a personal passion or did your father’s legacy in the legal field play a defining role in shaping your decision?
Two reasons I suppose. The first being that my father was a lawyer as well. Though I didn’t know much in my younger years about the profession, just seeing him in the blazer and robe felt classy and had a certain aura. The second was that I didn’t quite like maths and science as subjects during my schooling days so much so that after Class 10 I immediately switched to Humanities for Class 11 and 12. On a lighter note, they say ‘karma is a boomerang’. I managed to avoid anything to do with Maths and Science for a good 7 years post Class 10 but both of them resurfaced once I stepped into my legal career and have been part of my journey since courtesy the matters that I handle.
You took over Shiva & Co. Advocates in 2008 at just 23. How did you adapt to the challenges of leading a full-fledged law firm so early in your career, and what were the key lessons from that transition?
Circumstances forced me to take over the firm at the age of 23. I had just completed my LL.B from University Law College, Bengaluru in mid-2007 and was on track to do my Masters in Law having secured an offer both in London School of Economics and National University Singapore. Unfortunately, I lost my father in March 2008. Shiva & Co. Advocates was my father’s baby which he had started in the year 1988 and I did not want to see it shut down because he was no more, hence I immediately took over the reins of the firm. The challenges were aplenty since I was a complete rookie with an elementary knowledge of the law and no practical experience. My father, due to his sheer hardwork and dedication had become a successful and well-known lawyer and had built up a sizable practice and the nature of matters that he worked on towards his last few years involved high value and high stakes. My first few days after taking over the firm were spent in reaching out to Clients and asking them if they wanted to continue with the firm or wanted the briefs to be returned. The exercise rendered me almost briefless since Clients understandably did not want to entrust such high value and high stake matters to a rookie Counsel. My father’s junior colleagues at the chamber had moved on post his demise. The only staff I was left with was my father’s chauffeur, court clerk and stenographer. It took some time but slowly, brick by brick, with the able assistance of my support staff, we put things together. I was fortunate enough that in a couple of months, two clients of my father, one an individual and another a company in the travel sector gave me my first briefs, one being a landlord-tenant dispute and the other a consumer matter. The faith and encouragement that they reposed in me helped me find my footing and since then there has been no looking back. One thing that I never gave up on even during those early days when I was brief less, visiting Courts and reading up on the law. In terms of lessons or learnings, I would only say that what helped me during those early years were certain key aspects – mental fortitude to run the firm, come what may, a thirst to succeed in the profession, constant reading of the law and observing matters across various Courts. I always tell my junior colleagues that for a Lawyer, his/her eyes, ears and tongue are the most important sense organs. Eyes to observe, ears to hear and tongue to voice out an appropriate response after the brain has processed all the information and the right combination of this is what creates magic in Court.
Your firm handles a broad spectrum of work, from civil and criminal litigation to real estate and corporate matters. How do you manage and balance these diverse practice areas while maintaining quality and consistency across them?
It comes down to putting in place an effective strategy. Over the years, I have had the assistance of my junior colleagues at the office who have ably assisted me in my matters. The majority of them joined right out of college and have left the firm after being part of it for a considerable amount of time and are doing well for themselves. They are spread across litigation, corporate, in-house and one of them is even a Judge in the Trial Court. The moment a brief is received, a short note is prepared on the facts of the case and the issues involved by my colleagues which is followed by a preliminary discussion post which tasks are assigned. My junior colleagues, over the years, have due to their efforts, handled various stages of a case on their own be it cross-examination, final arguments or arguments on interim reliefs and I am extremely happy to see their progress. As long as the work is process driven and each member of the firm recognises his/her roles and responsibilities, quality and consistency can be maintained effectively.
You completed the 40-hour Mediator Training Workshop jointly conducted by OCMC, NLSIU, and ICADR. How has this training influenced your approach to dispute resolution and client management in litigation and ADR matters?
Honestly, I did the course only because Mediation was a buzzword then. We had a good set of trainers who invested time over two days to teach us all the ins and outs of Mediation. The workshop helped in understanding the essence and effectiveness of the process if done right away. In addition, a key takeaway for me personally was that it helped in shaking off some rusty bits in my approach towards client meetings and helped in having a more nuanced approach towards the same. Considering the explosion of litigation and pendency in the Courts, Mediation is certainly a viable tool that requires a bit more than a nudge in order to make it a preferred dispute resolution mechanism. The Mediation Act and the setting up of the Mediation Association of India are steps in the right direction.
You have been actively involved in arbitration and other ADR mechanisms. How do you perceive the growing importance of ADR in India’s legal ecosystem, and what role does it play in your firm’s overall strategy?
Arbitration as a dispute resolution mechanism has evolved over the years. Despite periodic amendments to the law, there is still a substantial portion of the process and provisions in the Act where there is Court intervention. Some developments such as fixing a timeframe for disposal, restricting the scope for appeal etc. have helped in speeding the process to some extent, however India as a destination for Arbitration still has a long way to go. There is definitely hope though. I recently attended an Arbitration conference in Mumbai and was pleasantly surprised at the interest shown by arbitrators and academicians from outside India regarding developments related to Arbitration Law in India. Online Dispute Resolution has also taken off in a big way in India and we are seeing multiple ODR platforms opening up. The impetus for Arbitration can also be seen as recent as this month when the Chief Minister of Andhra Pradesh has announced the setting up of an International Arbitration Center in Vishakapatnam. On the flipside, Arbitration is still considered as a closed door club where only the rich can have proper access to the process by engaging the top lawyers in the country. This is due to the fact that the costs involved are steep and out of reach for most small and medium businesses who as a result continue to prefer the traditional litigation route despite its anomalies. The MSME Act and the Commercial Courts Act have provided some succour to these small and medium businesses with regard to speedy disposal of disputes. ADR as mechanisms are definitely required considering the docket explosion in Courts however they do need refinement on some key aspects.
Clearing the Advocate-on-Record examination is a significant professional achievement. Could you share your preparation journey, the challenges faced, and how this qualification has impacted your practice at the Supreme Court?
As is with a few events that have occurred in my life, taking up the AoR exam was on a whim since a friend of mine had also decided to take it up. Despite having a decent practice in Bangalore in all of those years, I had never set foot in the Supreme Court for any matter and it irked me to an extent. I blame myself partly for having become too comfortable with my work in Bangalore to think of expanding my horizons. The Covid-19 pandemic was the time that curiosity got the better of me and since there was not much else to do, I decided to take a crack at the exams. Considering the mandatory 1 year training had to be done during the time of the pandemic, it involved a lot of self-study and listening to lectures online. To an extent, the years of practise prior to taking up the exam also helped me greatly since I had the benefit of practical exposure in the Courts. The most important tip I would say is that one would necessarily have to practice writing regularly since each paper is 3 hours and the questions require you to write a fair bit depending on the marks allotted for each of them. Overall, if one has put in his/her time in keeping themselves updated on the law and has been observant in the Courts, it would go a long way in making the exam relatively easier. Clearing the exams certainly was a high point in my career and it opened the portals of the Supreme Court to me. I have been blessed that in a period of about 3 years of becoming an AoR, I have handled a handful of matters in the Supreme Court that I have argued myself. Having a taste of all three Courts that is Trial Court, High Court and Supreme Court has provided me with the opportunity to further sharpen my tools since each Court mandates a different manner and approach towards putting forth one’s case.
You have authored articles published in the Karnataka Law Journal and SCC. How do you view the importance of legal writing, publication, and thought leadership in shaping the career of a practicing advocate?
I assume writing, teaching etc. are inevitable extensions for a lawyer. At some point, the thought of publishing one’s views on a legal issue arises. At the same time, writing heavily tests your skills in presenting your thoughts in a sublime yet easily comprehensible manner. It involves hard labour since once you’ve zeroed in on a topic, you need to sift through copious amounts of literature right from commentaries, articles, case laws, online lectures etc. and condense the same into as minimal words as possible, in simple english, without compromising on the essence of the topic. Every lawyer at some point ought to give writing a shot since it not only enhances knowledge on the subject but also provides fellow lawyers/readers with an opportunity to ponder upon and debate on the same.
With extensive appearances before various courts, tribunals, and authorities in Bangalore, what has been one of the most challenging matters for you?
It would be difficult to pick a single matter since each matter comes with its own set of challenges and nuances. I would admit though that once you handle a few matters on a specific area of law, the briefs that you receive thereafter become easier to handle. For any lawyer, the most challenging matter would be the first matter that he/she handles in each Court/Tribunal since each of them require different approaches right from drafting the petitions/responses to processes involved to the submissions that have to be made. The majority of the lawyers would find the first appearance/submission in Court nerve-wrecking even if it is as small as seeking an adjournment or a passover. Likewise the first full-fledged submission, be it arguments on an interim application or final arguments or the first cross-examination to be conducted would be equally challenging.
Having built a diverse and successful practice, what advice would you offer to young lawyers aiming to excel in litigation, real estate, or multidisciplinary legal practice while taking on leadership roles early in their careers?
As cliché as it may sound, the profession extracts a lot out of you. It requires a lot of dedication and continuous upskilling of your craft. Litigation is a marathon where the efforts that one puts in during the initial years yield results in the long run. One must keep themselves appraised with the latest developments not only in law but events happening around the country and the world. I would recommend freshers to dabble in as many different kinds of matters that one can do in the first few years before attempting to set out on focussing on niche areas. Thousands of lawyers graduate every year hence it is necessary that you start identifying and fine-tuning your core competence and work on your shortcomings. The profession, though unforgiving, is equally rewarding over time when results will bring in the expected monetary dividends as well in addition to recognition. Occasional slip-ups are part and parcel however what matters is that you learn from them and don’t repeat it. As regards leadership roles, I would suggest that you find a good mentor/senior to guide you the first few years and then plunge into having your own practice. It is important to find a good footing before venturing on your own. While I did not have a particular person who I could call a mentor, I have vastly benefitted from observing and interacting with multiple seniors and juniors in the profession alike and this is also something that one must inculcate since healthy conversations provide you with new perspectives.
What is the guiding philosophy or motto that has consistently inspired you throughout your journey? How has it shaped your approach to the profession, and what vision do you hold for your future practice?
For me Shiva & Co. Advocates is an homage to my family who have been there for me every step of the way and allows me to be focussed on my career. Having a spirit of never giving up builds that drive and focus that you need to get far in the profession. One should also have the hunger to succeed at all times and strive to be better every single day. Needless to say honesty, loyalty and integrity are a fundamental and integral part of the profession and helps you go a long way yielding long-term dividends. This profession is not a race but a marathon. These are some principles or philosophies that have helped me along the way. As for my vision for the future, I am a firm believer in taking things one day at a time and giving it my fullest, the results are a mere formality.
Get in touch with Ramakrishnan S –
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“At the end of the day, I truly believe that we become lawyers in the real sense only when we stand beside those who genuinely need us.” – Priyanka Borana, Advocate at Rajasthan High Court, Jodhpur.
This interview has been published by Anshi Mudgal and The SuperLawyer Team
You began your academic journey with a background in commerce and CS before pursuing your LL.B. What inspired this transition, and how did your early education shape your understanding of law?
Honestly, law wasn’t something I had planned from the beginning. I was sitting with my mother one day, completely confused about what to do next. I told her I wasn’t really interested in commerce, and she laughed and said, “Hamare ghar mein koi lawyer nahi hai, aur tumhara toh waise bhi ladai-jhagde ka dimag chalta hai — law kar lo.” It was said jokingly, but somehow it stayed with me. The very next thing I knew, I had taken admission in Madhusudan Law College.
Once I started studying law, I realised how naturally it connected with the way I think — questioning, reasoning, and standing up for what feels right. My commerce and CS background gave me a habit of thinking logically and paying attention to detail, which later helped a lot in legal drafting and understanding case records. Looking back, that light-hearted moment with my mother actually became the turning point of my life.
During your initial years of college and early practice, what key lessons or experiences prepared you for active litigation? Was pursuing litigation something you had always envisioned for yourself?
To be very honest, during college I was never one of those overly serious law students. I used to bunk classes quite often and sit under the neem tree with friends. I was very active in co-curricular activities- debates, events, organizing functions, but attending regular lectures was never really my thing. At that time, I hadn’t even imagined that I would actually take up litigation one day.
Things changed when I moved to Jodhpur in 2016. In 2018, I joined the trial court, and honestly, it was a tough beginning. I had no friends here, no contacts, and I didn’t know how I was going to find my place in a completely new professional circle. Those initial months: almost eight to nine, were all about learning by observing and surviving through small but meaningful experiences.
Later, I shifted to the High Court, and that’s when I realised that maybe this was exactly where I was meant to be. Looking back now, I feel choosing litigation was one of the best decisions I’ve made. It challenged me, shaped me, and made me value the strength that comes from starting all over again in a new city, purely on your own effort.You have been practicing at the Rajasthan High Court across diverse areas such as commercial law, property disputes, arbitration, and criminal matters. How did you build versatility across these domains and manage all matters effectively?
Over time, I’ve handled a variety of matters, from commercial and property disputes to arbitration and criminal cases, but if I’m being honest, criminal litigation is my real zone. It naturally suits my personality. I’ve always been someone who believes in standing firm, not getting intimidated, and saying things as they are. That fearless side of me connected very well with the criminal side of practice.
In criminal law, you learn to read people, their behaviour, mindset, and what drives them. Understanding how a criminal thinks or reacts is not just about law; it’s about human psychology, and that’s what makes it so fascinating. It gives you a different kind of edge and maturity as a lawyer.
For female lawyers especially, criminal litigation adds a certain strength to your personality, it teaches you how to hold your ground in tough spaces. Over time, I’ve realised that while I enjoy working across different branches of law, criminal litigation brings out the most fearless and analytical version of me.You have also been actively contributing as a pro bono lawyer. What motivates your involvement in public service, and how have these experiences shaped your understanding of access to justice?
I’ve always felt that the purpose of being a lawyer shouldn’t just be limited to luxury litigation or earning money. Somewhere, we tend to forget that the law was made for people who actually need its protection the most. Around my own neighbourhood, I’ve seen so many individuals who quietly suffer because they don’t even know their rights, they simply don’t have the awareness or resources to seek help.
That’s why I take my legal aid work very seriously. The Legal Services Authority often appoints me in such cases, and I consider it both a duty and an honour. One case that really stayed with me was an MTP (Medical Termination of Pregnancy) matter involving a minor rape victim from a very difficult background. She was completely unaware of the legal process, and time was crucial. Managing that case made me realise how powerful our profession can be when used with empathy and urgency.
At the end of the day, I truly believe that we become lawyers in the real sense only when we stand beside those who genuinely need us. The real purpose of this profession lies in restoring someone’s faith in the law. When people see that justice can actually protect them, their trust in the system grows stronger, and that trust, once earned, is the most meaningful reward a lawyer can ever receive.As a panel advocate for the Rajasthan State Legal Services Authority, what has been one of the most challenging cases you’ve handled, and how did you navigate it?
Every legal aid matter has its own challenges, but one case that I will never forget was before a Division Bench. I was representing the respondent father in a matter involving a 9-month-old baby who had been given in adoption without informing the natural mother.
Even though I was appearing for the respondent, the case affected me deeply. When the court finally directed that the baby be handed back to the natural mother, the entire courtroom turned emotional. On one side stood the mother who had given birth, and on the other, the woman who had cared for the baby and nurtured her for months. Watching both of them break down was heart-wrenching.
That day reminded me that law isn’t always about right or wrong, sometimes it stands between two truths, two emotions, and two lives. Even the Hon’ble Bench remarked that while everyone felt the pain, law is law. That moment taught me that as lawyers, we must carry empathy with firmness, to feel the human side of justice while still upholding the legal one.Alongside your legal practice, you have written articles for reputed publications on issues such as gender equity and the experiences of women in law. What inspired you to explore these themes, and how do you see the role of women evolving within the legal profession?
Whatever I’ve written so far has come from what I’ve actually seen and felt inside courtrooms, not from theory, but from daily experiences. I’ve seen how small things, which often go unnoticed, slowly create barriers for women in this profession. Everyone talks about gender equity, but very few actually address the uncomfortable truths behind it.
Through my writing, I’ve tried to reflect what many women advocates silently feel but don’t say out loud. These are thoughts that belong to all of us — I’ve just tried to put them into words. Because if we don’t speak, how will anyone know where the problem truly lies?
Yes, things are changing, but the pace is slow. Still, I genuinely believe that women are no longer just part of the legal system — we’re shaping it, questioning it, and giving it new meaning. And if my articles can make even one person pause and think about these realities, I feel I’ve done something worthwhile as both a lawyer and a writer.You have represented clients before multiple forums, including the Rajasthan High Court, Commissions, and Tribunals, and have also appeared in various Public Interest Litigations. What is your perspective on the evolving scope of PILs and their significance for the legal community?
Public Interest Litigation, in its true sense, is a beautiful concept — it allows the court to hear those who otherwise have no voice. I’ve been fortunate to work as amicus curiae in matters like the Nari Niketan case and the suo motu matter related to stray animals, both of which dealt with genuine issues that directly impacted public welfare. These cases made me realise how meaningful PILs can be when handled with sincerity — they push real change, bring accountability, and ensure that the law reaches beyond individuals to society at large.
But the truth is, over time, I’ve also seen how this concept is being diluted. Many people now file PILs without proper groundwork or genuine cause — just to gain attention or to keep their names in circulation. Because of such misuse, even genuine petitions sometimes don’t get the seriousness they deserve. That’s the sad part — when the noise of the unnecessary hides the voice of the necessary.
As lawyers, we carry a responsibility to preserve the sanctity of PILs. If we treat it with respect and care, it can remain one of the strongest instruments of justice in our system. For me, being appointed amicus and working on causes that truly matter has been both humbling and grounding — it reminds me that law is at its best when it serves humanity, not headlines.With experience spanning civil, criminal, and commercial practice, what moments have most shaped your perspective toward the practice of law?
When I look back, I feel even small incidents can shape your entire perspective as a lawyer. I still remember one moment from my early days in practice. I had just joined my senior’s office, and one day, my matter was listed before a Division Bench. I requested an adjournment because I didn’t have the file — the staff had taken it, assuming it wouldn’t be listed.
But the court refused and said, “No adjournment. Madam Borana, how long will you keep asking for adjournments?” For a second, I went blank. I said, “My Lords, I have no instructions to argue.” The Bench replied, “We’ll give you the file, you argue.”
That moment hit me hard. I gathered courage and said, “My Lords, it’s not that I don’t argue — I just never got the opportunity in your court. You may ask me any facts from the file, and I’ll answer.” That one push changed everything. Later, I realised the judges weren’t being harsh — they were motivating me. And interestingly, the same judge today appreciates my work the most.
That incident boosted my confidence and reminded me that sometimes the courtroom itself becomes your best teacher. Every tough moment, every unexpected challenge — they all prepare you quietly for what’s next.What core principles have guided you throughout your career, and what advice would you offer to young lawyers aspiring to build an independent practice in the High Courts?
This profession tests you in every possible way, emotionally, mentally, and even morally. What has always guided me through it all are three simple principles: honesty, preparation, and patience.
Honesty — because in the end, the court can always sense your intent.
Preparation — because confidence in the courtroom doesn’t come from personality alone; it comes from the hard work you put in behind the scenes.
And patience — because growth in litigation doesn’t happen overnight. You have to show up every single day, learn, observe, and keep your calm even when things move slowly.
My advice to young lawyers is simple — don’t wait for confidence; build it through preparation and persistence. Read your files as if they’re your responsibility, not just your assignment. Respect the court, stay consistent, and never let rejections shake your foundation.
As for myself, I wish to continue strengthening my independent practice and focus on matters that hold both legal and human value. Law, for me, is not about fame or success — it’s about ensuring that justice is not just delivered but also felt.Get in touch with Priyanka Borana –
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“I’ve always believed that being a lawyer is nothing less than a superpower- it gives us the tools to understand, question, and change things that most people simply have to accept.” – Shreya Chaudhary, Associate Attorney at Maune Raichle Hartley French & Mudd, LLC.
This interview has been published by Anshi Mudgal and The SuperLawyer Team
As a dual-qualified attorney in California and India, what first sparked your interest in the legal profession, and how did you chart your path in this field?
I come from a family of lawyers, so this profession was all I knew growing up. I didn’t realize the impact of my dad’s work at the time but saw how his efforts positively affected his clients. I remember that on many occasions, they wouldn’t have enough money for his full fees but would bring him part of their seasonal harvest. Other than that, it came to me more naturally than most people—it never felt like work, and I was so excited to go to law school and later into litigation. Isn’t it a privilege to be in a position to make a difference in people’s lives and also get paid for it?
For California, I never had plans to move, but I absolutely fell in love with the state and decided to get licensed in the one thing I knew—law!
You recently passed the California Bar Exam on your first attempt. What preparation strategies proved most effective for you, and what advice would you offer to others aspiring to clear it? How has this qualification expanded your professional scope?
As for preparation, I took an online bar prep course called Themis. Going to Berkeley Law for my LLM definitely helped, as it put me among the smartest people who have a reputation for passing this difficult exam on their first attempt. Also, it’s crucial to know one’s learning style. I really appreciate learning from my own handwriting, so I wrote everything down even though my bar prep tool didn’t ask me to. I also know that I panic toward the end, so I developed my own timeline, which was different from what the bar prep suggested. I took a study leave from work and had just one goal for those 12 weeks. I ate, slept, meditated, everything centered around my bar prep. Honestly, I loved the drive of taking on something so challenging and had fun with it. There’s no one-size-fits-all way to go about this, and I’m happy to answer specific questions for whoever wants to take this exam.
As my interest is in litigation-related work, I wouldn’t say it expanded my scope; rather, it created any scope that exists, because one cannot take even a tiny step in litigation without a license to practice.Moving from legal practice in India to building a career in the United States must have involved navigating many differences. What were the key hurdles you faced in adapting to the U.S. legal system, and how did you overcome them?
Oh, so many! I did not have anyone from my family or extended family who was a U.S. lawyer. From choosing law school to taking the bar, applying for internships, jobs, and visas—every step presented hurdles, or should I say, kept life interesting, as my friends like to put it. The biggest one for me is the visa, with, dare I say, the state of affairs right now. Also, finding a job in the U.S. is so different from India. In India, we don’t network enough, which I had to teach myself after moving here. I want to give credit to Berkeley, as they had a whole program to train international lawyers to get acquainted not just with the U.S. legal system but also with its unique job market. I didn’t expect it, but my Indian work experience was valued by U.S. employers as I think the two things, we have in common with them is that they value the “grind,” which they could supposedly see in my resume, and our common law system—and that’s probably why I was a preferred candidate for many jobs I applied to before joining the Office of the District Attorney, Alameda County.
Work environments in both countries are completely different as well. There are different work ethics, professional relationships, sense of humor, and protocols. However, one funny realization is that lawyers everywhere are more or less the same kind of people so it was still a familiar territory.
You have served as an editorial board member for leading legal publications and also worked as a law clerk. How did these roles deepen your understanding of the U.S. legal system and prepare you for your current role?
U.S. law school journals, and also Indian ones- stimulate a legal mind well. It’s so good to become aware of different ideas, methodologies, and international legal issues, and I think my favorite part of being in a journal was building community with like-minded people. I was in the Ecology Law Quarterly with other environmental law nerds and had some great academic and fun discussions in the process.
My clerkship with the District Attorney’s Office was my first U.S. job, which makes it special to me. I feel fortunate to have worked for a highly reputed government office in the Consumer, Environment, and Special Litigations Department. It was a fast-paced environment, and there couldn’t have been a better way to learn U.S. law and see it in action than that. I worked on civil procedure assignments, evidence code, and criminal code—all at once. One of my first assignments at the DA’s Office involved prosecuting a corporation after a factory fire that significantly affected air quality for people in that vicinity, given California’s high ambient air quality standards. These assignments strengthened my understanding of environmental enforcement and also informed my approach to research, brief-writing, and attention to detail in my current role.
During your LL.M. at UC Berkeley, you specialized in Energy Law and Clean Technology while contributing to journals like the Berkeley Technology Law Journal and Ecology Law Quarterly. How did these academic and editorial experiences influence your perspective on the intersection of law, technology, and environmental sustainability?
A topic that’s very close to my heart is climate change. We treat it as “important” but not “urgent,” which troubles both my personal and legal mind. At Berkeley Law, I enrolled in courses such as Environment and Energy Law, subscribed to technology- and environment-related journals, and participated in clean energy student groups to engage with these issues and understand the work of scholars in the field. Being surrounded by like-minded people strengthened my commitment and deepened my understanding of how cleaner technologies are urgently needed on a global scale. The intersection of use of environmental resources and law is particularly interesting to contrast between the US, Europe and Indian laws. We have many vulnerable communities who get affected first by the impacts of degrading environment and climate crisis, and there is a lot of work that remains to be done to protect them.
In your current role, you work to support mesothelioma victims and their families. What drew you to this area of law, and how do you balance the legal complexities with the human and emotional dimensions of these cases?
I honestly don’t know how to answer this question. From my practice in the Allahabad High court, Lucknow, to here in California, I have struggled with getting too attached to the outcome and client’s problems. I don’t know if that makes me a better or a worse lawyer. But I try to overcome that by something my senior told me early on during my India days that “you play a very small role in the grand scheme of things.” I owe my client to do my best work for their entrustment in me as their lawyer but I sure cannot change their destiny. Very recently, a client of mine passed away from mesothelioma (cancer) before the case went to trial which happens more often than not in this field. I witnessed his struggle through the deposition and eventually he just couldn’t make it to the end of the case. It breaks my heart but if I have done my role well, then it becomes easier to strike that balance. This also keeps me on my toes to put in the hard-work.
What advice would you give to students aiming for an international legal career, and how can they stay ahead of global legal developments?
Just a few simple things. First, one needs to figure out if they want to study here, do an LLM or a JD, or directly take the California Bar (the only U.S. bar open to foreign attorneys without coursework). My advice would be to study here first, as it helps one get acquainted with the culture and decide whether it’s the right fit. Moreover, getting a job is nearly impossible without a strong network, which a renowned university greatly helps with. A warning—it is very expensive. I chose Berkeley over other good colleges that offered me scholarships because it was one of my dream schools, but one should always rank priorities according to their circumstances. Advance research on scholarships and on-campus jobs could help. I had an on-campus job that helped me a lot financially during school. It’s important to work smart—so if the plan is to immigrate to a new country, students should also consider Canada, Singapore, or the UK (the more welcoming ones in today’s environment).
One thing I would have done differently is to have a better long-term plan at least a year in advance of actually applying. I didn’t understand at the time that this decision would completely reshape my life as I know it. But I would love to help anyone who has doubts about the process or wants to learn from my experiences—feel free to reach out to me on LinkedIn.
With the demands of your profession, how do you maintain balance in your personal pursuits, and what is your vision for the future of your practice?
The litigation work culture in the US is similar to India as the work never stops from the inception of the case till the verdict. One can easily preoccupy themselves as there is always so much to do. However, in my experience, that sometimes leads to isolation, and when you are thousands of miles away from family, building a community becomes equally important. When I’m not working, I spend time with my friends, which is my number one priority as rejuvenated weekends significantly boost my motivation through the week. We often travel and hike in nature, as California is truly blessed with pleasant weather throughout the year. Of course, there are weekends that turn into working ones when the need arises like meeting a court deadline on Monday but I don’t mind that because I genuinely love what I do and take pride in showing up for my clients who are unfortunately struggling to live.
I’ve always believed that being a lawyer is nothing less than a superpower- it gives us the tools to understand, question, and change things that most people simply have to accept. Right now, my focus is on mastering California law and becoming as confident in this system as I was in India. The process of adapting to a new legal culture has been challenging but also deeply rewarding—it’s pushed me to grow, think differently, and refine my craft. Whatever I’ve gained intellectually, I’d definitely want to leverage it to contribute to the Indian legal landscape in different ways, for eg. I am working on a research paper on a social legal challenge that India faces; Grow as a multi-jurisdictional professional, and have fun along the way.
Get in touch with Shreya Chaudhary –
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“The TMT field moves too fast, and the opportunities are extraordinary for lawyers who master the hybrid skillset.” – Roopam Verma, Partner at IRIS Legal.
This interview has been published by Anshi Mudgal and The SuperLawyer Team
Sir, you have built an impressive career spanning over 18 years across a top-tier law firm, a broadcasting company, a multinational IT consulting giant, and now as Corporate, TMT and Fintech Lead Partner at IRIS Legal. How has this diverse journey shaped your expertise, and what inspired your transition into private practice leadership?
My journey at Khaitan & Co. gave me the essential foundation every lawyer needs, the ability to spot issues, conduct thorough research, and build watertight arguments. That big law firm environment teaches you precision and attention to detail.
But the real transformation came in-house as Associate General Counsel at Capgemini and Senior Lead Counsel at Ten Sports. I discovered that being legally correct isn’t always the same as being commercially useful. You’re not just analyzing what the law says—you’re figuring out how to make business objectives happen within legal boundaries. I learned to ask different questions: How can we structure this deal so it actually gets done? What’s the smartest way to navigate regulatory requirements without stalling progress? It was a shift from binary yes-or-no answers to providing a menu of options with a solution-oriented mindset.
After gaining this dual exposure, I returned to private practice with something unique to offer: not just legal expertise, but genuine understanding of how businesses actually operate. Now, as the Corporate, TMT, and Fintech Lead Partner at IRIS Legal, I bring that business-first perspective to everything I do. My clients get practical, informed advice that helps them achieve their goals. I’ll flag the risks that matter, but I won’t derail a good deal over theoretical concerns. At the end of the day, successful legal practice is about enabling business success, not preventing it.
During your early years at Khaitan & Co, you worked on cross-border and domestic M&A, private equity, and joint ventures. Which experiences from that period continue to influence how you approach corporate and technology-driven transactions today?
My Khaitan years were foundational in several ways. The cross-border work taught me to map regulatory complexity upfront rather than discover deal-breakers halfway through—crucial now in tech and fintech deals. Working with PE firms helped me understand commercial dynamics and evaluate legal structures through a risk-return lens. Joint ventures taught me stakeholder management across different corporate cultures—invaluable when working with multinational tech companies with different risk appetites and decision-making processes. Most importantly, that M&A training instilled rigorous due diligence and issue-spotting skills—the ability to quickly distinguish between genuine deal risks and ‘nice to have’ cleanups that can wait.
You later transitioned into the media and entertainment space, handling high-stakes content acquisition and cross-border broadcasting deals. How did this experience broaden your legal skillset compared to traditional corporate and technology law?
The transition to Ten Sports was a complete game-changer. I moved from the law firm hierarchy to reporting directly to the CEO, contributing in strategy discussions with brilliant minds from IIMs, IITs, and major financial institutions where business decisions happened in real time. We were doing creative cross-border structuring to establish global presence for a popular sport, coordinating with international firms across time zones on tight deadlines in a relentless, fast-paced environment.
What made this particularly exciting was that broadcasting regulations in India were being completely redefined. Unlike traditional corporate work with periodic regulatory interaction, broadcasting required constant regulator engagement, anticipating policy changes, and building compliance into deal structures from day one. There were no established playbooks, so innovation was essential in structuring untested solutions.
This experience fundamentally changed my approach—teaching me to think several moves ahead, build flexibility into structures for rapidly evolving frameworks, and integrate legal solutions with real-time business needs. Those skills have been invaluable in complex technology and fintech transactions where innovation often outpaces regulation.
In your role at Capgemini, you managed various high stake legal portfolios, led complex software licensing and cloud transformation deals, and negotiations. What were some of the most challenging aspects of these negotiations, especially in the software and cloud service space, and how did you navigate them?
As Associate General Counsel-North Americas at Capgemini, managing high-stake software licensing and cloud transformation deals required navigating multifaceted challenges under tight timelines while balancing cross-jurisdictional jurisprudence and business expectations across EMEA, APAC, and Americas—each with distinct data sovereignty and regulatory frameworks.
Some of the critical negotiation points centered around licensee’s rights on original source code, ownership of developed IP, royalty and revenue split models, managing third-party and open-source components, establishing robust escrow mechanisms with clear release conditions, post-termination IP treatment including perpetual licenses and wind-down periods, the binding nature of revenue forecasts where clients wanted flexibility while we needed commitment, and structuring appropriate liability caps and indemnification with adequate representations and warranties.
The key to timely deal closure was maintaining preparedness with legal alternate solutions to navigate negotiation impasses—whether through hybrid licensing models, phased implementations, or creative commercial structuring that addressed both parties’ underlying interests.
With extensive experience in software, digital, IoT, and 5G technologies, what do you see as the most pressing legal challenges in the TMT sector today, particularly around cloud services, outsourcing, and cross-border data regulation?
From my experience, the most pressing challenge is implementing the Digital Personal Data Protection Act, 2023 while preserving India’s competitive edge as a global technology hub. Organizations are navigating the delicate balance between data localization requirements, cross-border transfer mechanisms, and serving global clients across multiple jurisdictions. This becomes particularly complex in cloud and outsourcing contexts where Indian service providers must reconcile DPDP Act obligations with clients’ home country regulations—whether GDPR, CCPA, or sector-specific frameworks—often requiring sophisticated contractual architectures and sometimes separate processing environments.
Secondly, there’s significant regulatory uncertainty around cloud services and emerging technologies. While DPDP Act rules are still being notified, sectoral regulators like RBI, SEBI, and IRDAI are issuing parallel guidelines, creating a complex compliance matrix. For cloud services, we’re seeing ambiguity around ‘significant data fiduciary’ classification, liability allocation between providers and customers, and critical information infrastructure obligations. In 5G and IoT, clarity remains limited on device security standards, edge computing liability, and supply chain security requirements.
The key is building flexible compliance frameworks that adapt as regulations evolve, while ensuring legal rigor doesn’t stifle India’s innovation advantage. Success requires proactive regulatory engagement and translating regulatory complexity into pragmatic operational solutions.
Having advised on M&A and strategic business transfers in technology and IP-driven sectors, what are the most critical considerations that companies and their legal counsel should keep in mind when structuring such deals?
One of the most critical considerations is comprehensive IP due diligence that goes beyond ownership verification to understand value creation architecture. This means mapping registered IP, unregistered trade secrets, open-source dependencies with potential viral licensing obligations, third-party components, and ensuring proper assignment agreements exist for contractor and employee-developed IP. I’ve seen deals nearly collapse when acquirers discovered core technology relied on restrictively-licensed open-source libraries or that critical IP was personally owned by founders rather than the company.
Equally important is analyzing transferability—whether customer agreements contain change-of-control provisions and ensuring data privacy compliance for cross-border transfers post-transaction under DPDP Act and GDPR. In IP-driven businesses, talent retention often matters more than IP, as innovation resides in people—structuring proper rebadging, enforceable earn-outs, retention bonuses, and non-competes while maintaining team morale is essential.
The key lesson is that technology M&A requires legal counsel to think like business strategists and technologists, structuring appropriate representations and indemnities that fairly allocate IP-related risks.
As a leader at IRIS Legal, you advise clients on both complex technology transactions and broader corporate advisory matters. Managing such a high-profile, demanding career alongside personal commitments can be challenging. How have you approached work-life balance, and what strategies have helped you manage both professional and personal priorities effectively?
Work-life balance in demanding legal practice requires intentional strategies. At IRIS Legal, we’ve found several approaches effective.
- First, creating clear time boundaries is critical. AI has made life significantly simpler by automating routine research and tasks, allowing us to work more strategically. When pressing deadlines or client emergencies arise, we put in the hours needed to deliver excellence. However, we encourage our team to leave early when there’s no immediate deadline—preventing burnout and maintaining long-term productivity.
- Second, we’ve implemented a hybrid work model combining office collaboration for complex matters with focused, interruption-free time for deep work. Every day begins with a 15-minute priority discussion to align on what needs immediate attention versus what can wait—this simple practice brings remarkable clarity to otherwise chaotic days.
- Finally, we leverage technology strategically — using AI extensively for research and routine tasks to free mental bandwidth for high-value, strategic work that truly requires our expertise. We also follow a 15-minute rule, prioritizing tasks that can be completed quickly to prevent small matters from accumulating into overwhelming backlogs.
These strategies help us maintain high client service standards while preserving personal time and team well-being.
Finally, what advice would you give to young lawyers aspiring to build careers in technology, especially those contemplating whether to start in a law firm or an in-house role?
My advice is simple: in TMT, technology literacy is as critical as legal expertise. You need solid legal fundamentals, business acumen, and genuine tech fluency—not surface knowledge, but actual understanding of how tech such as AI models work, how cloud architectures function, how platforms handle data. I’ve seen talented lawyers struggle because they couldn’t grasp what their clients were building.
I’d recommend starting at a specialized firm for 2-3 years to get breadth—exposure to how different companies handle tech governance, cross-border data flows, emerging tech compliance—then moving in-house to understand how legal advice translates into product reality.
Staying current is non-negotiable. I follow AI researchers, read tech blogs as much as legal updates, and track policy developments constantly. When new regulations drop—which happens monthly—you need to understand both the regulatory requirements and technical implementation.
The lawyers succeeding in TMT can walk into meetings with engineers and speak their language, then explain regulatory implications to the C-suite. The traditional ‘learn law first, industry knowledge later’ approach doesn’t work in TMT—the field moves too fast, and the opportunities are extraordinary for lawyers who master this hybrid skillset.
Get in touch with Roopam Verma –
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“What distinguishes an average lawyer from a great one is the latter’s ability to draft a legal document methodically and precisely.” – Priya Tandon, Senior Associate at AZB & Partners.
This interview has been published by Anshi Mudgal and The SuperLawyer Team
Joining the field of law can stem from different motivations. What inspired you to pursue law, and how did your law school experiences shape your perspective and understanding of the profession?
Like many other kids, my first exposure to law came with the movies. Law is an ever evolving combination of words, written in a manner that each and every word matters and has weight. For me, it was particularly intriguing to comprehend how mere words could wield such influence, to construct meaning from the given elements and to find solutions mostly in the shades of grey – there are no right or wrong answers. I am an alumnus of Jindal Global Law School, O.P. Jindal Global University, Sonipat. Jindal, a name reckoned with unparalleled academic excellence, was a truly innovative practical legal experience. It has a global outlook to curriculum – a carefully designed amalgamation of arts and law, offered through a combination of mandatory courses and multidisciplinary electives. Further, it has educators and students with diverse global experiences, the former having the flexibility leading to learning through thinking, questioning and engaging in meaningful discussions. Jindal fostered my understanding of law beyond silos, by equipping me with practical training and exposure in an overall dynamic space. From self-doubt, it helped me transform into someone who is not afraid to trust her instincts in driving solutions to complex legal problems.
You started your career at a leading MNC in compliance and taxation. What were the most valuable experiences from that period, and how did they lay the foundation for your later work in providing end-to-end legal solutions on tax issues for major industry players across sectors like E-commerce, Liquor, Food and Beverage, Gaming etc?
I accepted a Pre-Placement Offer from PricewaterhouseCoopers when I was still in my fourth year of law school. Therefore, immediately after my graduation, I joined their Governance, Risk and Compliance team. My job description required me to determine whether the internal controls and policies of Multinational Corporations were legally compliant, from a global standpoint. Despite a brief stint of only six months at PricewaterhouseCoopers, I believe that I learnt an extremely valuable lesson, which led me to secure and stand out at my subsequent job at AZB & Partners. I realised that a major hurdle in the practice of the legal profession is the flood of lawyers in the system each year – there is an apparent glut. The mantra to stand out, from what I learnt very quickly, is marshalling facts and figuring out the intricacies of how businesses function – both the granular details as well as the broad perspectives.
What motivated your shift from corporate compliance to a law firm, and what differences did you notice in the work environments? How did you adapt to managing complex litigation strategies and representing clients before Commissioners of Income Tax, ITATs, High Courts, and the Supreme Court across India?
My appointment at PricewaterhouseCoopers happened more by accident than by design, at the least expected time. Even though my job profile acquainted me with diverse areas of law at an international level, yet, I craved hands-on practical involvement in the application of law in intense adversarial set ups. This was the motivation with which I started applying to law firms, knowing fully well that the work there was expected to be more intense. As far as the work environments of both the places at which I have worked thus far goes, honestly, contrary to the popular opinion, I personally do not think that the same have been very different – fortunately for me, both the places have been marked with supportive supervisors, learning, flexibility, autonomy, open communication and work-life balance (for most part). In order to discharge the responsibilities that came with my new role with sincerity, I dove deep into the facts of briefs assigned to me and simultaneously, immersed myself in absorbing what I could about the nuances of the Indian tax regime/ Tax Treaties. Of course the “real-world” with no margin of error was daunting, more so, since I took up a highly specialized area, but nonetheless, being someone who had fought stubbornly for a spot at the most reputed law firm in India, I was determined to make the most out of the opportunity advanced to me.
With over seven years specializing in Income Tax, International Tax, Transfer Pricing, Foreign Exchange, and Benami law, what has been one of the most challenging cases you’ve handled and how did you navigate it?
For me, the fact that a case is significantly weak on facts or on a point of law will not by itself make it “the most challenging”. When it comes to taking a case to Court, there is always more than what meets the eye. It’s not just about reviewing documentation, drafting and arguing – it’s actually about all the behind the curtain strategizing and client management – balancing possible outcomes with client expectation every time the case is likely to come up. For me, the most challenging cases are the ones with an ostensible mismatch in the attainment of the said balance. In fact, even an unassuming case of assured balance may become a challenging one owing to certain unforeseeable circumstances, such as, delayed hearing on account of the opposite counsel or the Judge being on a leave, or on account of the case not being listed or taken up. There is no rigid or inflexible formula for ready application, so as to navigate a challenging case. Needless to state that when such a situation arises, which it will more often than you’d like, you will be constrained to think of creative solutions, trust your instincts and quickly follow through, irrespective of how outside your comfort zone it may be. It may not be in the fitness of things to allude to a specific instance of any case.
You have authored several articles on contemporary tax issues, including Equalisation Levy, GAAR, Benami Property, etc. How has writing shaped your career, influenced your approach to complex legal issues, and contributed to policy discussions?
I firmly believe that what distinguishes an average lawyer from a great one is the latter’s ability to draft a legal document methodically and precisely, in a manner that captivates the reader of such a document. The reader should not have any doubt about the observations advanced and its co-relation with the ultimate conclusion or the proposition sought to be canvassed. This is particularly true for those pursuing litigation, since very often, Judges base their decisions having regard to the content of the petitions, appeals, applications, submissions, etc. I believe that each time I write an article, it helps me enhance this precise skill. Of course, it’s a process – you come across a relevant contemporary issue or a topic you don’t quite know much about; you understand its context; you go over the related statutory provisions, precedents and scholarly works; you formulate your independent thoughts; and finally, you pen it all down! Each time I have done this, I have been exposed to the enormous gap between what the businesses are doing and the law as it is. This invariably opens policy discussions. Article writing assumes even more significance for entry-level associates, since a large part of their job profile entails churning out drafts. It goes without saying that it should be them who should be doing the reading, the thinking and the writing and not the nuanced Artificial Intelligence!
While working with international entities and advising on transactional tax matters, how do you approach cross-border cases? What are the major challenges in handling matters like foreign exchange issues, M&A structuring, or international tax disputes, and how do you navigate them effectively?
I believe that the underlying challenges and approach to each transaction or case is specific to its own set of facts and as such, the same cannot be generalised. Be that as it may, in my experience, the biggest challenge still seems to be the rather intricate regulatory compliances, both domestically and internationally. Since laws usually play a catch-up with the pace of dynamic businesses, the extent of applicability of existing laws on such businesses. always remains debatable and prone to future litigation. Further, with specific reference to the domain of tax laws, in cases where existing laws could not bring certain business models within the taxing net, retrospective amendments have been conceptualised and effectuated, consequently, adding to investor anxiety. I believe that one way to navigate this is to keep updated about the mechanics of disruptive business models and the manner in which such models are being looked at, globally. With the requisite background, the need of the hour is to engage with the policy makers so as to strike the requisite balance.
As a woman litigator in a highly technical field, what challenges have you faced, and how do you balance mastering complex legal frameworks, devising litigation strategies, and mentoring the next generation of lawyers?
Being a nuanced field, not many law graduates opt for tax law. What I noticed during my initial days of practice was that the litigation space, specifically, the tax litigation space, is dominated by a handful of lawyers. The percentage of women lawyers amongst this handful, is negligible. The trend seems to be improving as far as entry-level and mid-career level representation of women in litigation generally is concerned, where women seem to be matching, if not outnumbering men. However, effects of improvement are yet to be noticed in the tax litigation space. In my opinion, the strides made to ensure formalistic equality in many corporates and firms are laudable. This includes a supportive environment, with a clearly articulated policy on discrimination, harassment, flexible timings, maternity leave, etc. That said, in my experience, heightened scrutiny, specifically, outside these spaces, still continues to serve as a systematic barrier. It is up to the legal community to collectively work towards addressing this challenge. In my experience, one way to do this effectively, is to assume a mentorship role, offering insights, guidance and support to law students as well as organising and participating in periodical sensitisation trainings. Certainly, this would add meaning coming from women already assuming leadership roles.
What advice would you give to law students or young lawyers considering a career in tax law and litigation, particularly in balancing technical expertise with advocacy and strategic client management?
A couple of quick points here. First, as stated above, get your hands dirty figuring out the facts and how businesses function; understand risks. Second, whether you work for free or for a fee, marshal the facts and apply the law to create a positive impression. Third, which is an extension of the second, remember that preparation is key and hence, never appear before a Court unprepared, else, you will be doing a disservice to your client, the Court and the cause of justice. Fourth, know that networking is an integral part of the legal profession. You may have the best understanding of the law, but unless and until the client community reposes confidence in you, what is the worth of all the theoretical knowledge? Therefore, from day zero, network within the community – with your friends and associates across different fora in different parts of the country/ world. Keep in mind that most of the work is generated through references alone. So, be active on social media. Your network should know exactly what you’re up to. For this, post regular updates, write articles/ papers/ columns or participate in talk shows/ conferences/ seminars/ lectures. Fifth, have patience and perseverance – remember that giving up is not an option. Stay relentless and focus on building a quantum practice. Trust the process.
Get in touch with Priya Tandon –
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Chasing Questions, Not Glory: Crafting a Global Legal Career – Dr. Argha Kumar Jena, International Disputes Lawyer and Advisor.
This interview has been published by Anshi Mudgal and The SuperLawyer Team
Your academic journey includes a full-scholarship Ph.D. in International Law and Economics from Rome and an LL.M. from Berlin. How has this interdisciplinary training influenced your understanding of economic analysis in the development of international legal norms and dispute resolution mechanisms?
Public international law in general requires deep academic insight considering that the efficaciousness of the ‘rule of precedents’ (if any) is volatile in practice. When it comes to International Economic Law (as we like to call it), issues in dispute concern not only economic treaties but its complex interactions with the branches of applicable national laws as well as commercial realities. In such instances, having cultivated the habit of interdisciplinary thought processes can certainly help in strategizing efficiently. ISDS being a form of dispute resolution where effects of economic policies are often subject to adjudication by international tribunals – requires one to understand macroeconomic impacts of such policies and/or measures and also analyze it within the contours of the facts. Dispute resolution mechanisms flowing from treaties are a herd of unicorns within the fields of law. Hence, having a wider field of intellectual vision that one may acquire through interdisciplinary academic pursuits and exposure to multiple legal systems can certainly help. However, I maintain that institutional education is not the only way of going about it. My journey is the consequence of my choices, that I remain happy about.
You pursued your Ph.D. in International Law and Economics while working full time, a challenge few take on. What was that experience like, and how did you manage the demands of both academic research and professional responsibilities?
This again was a consequence of one of the choices that presented itself to me. Applying for Ph.D. Scholarships is a full-time job in itself, and I understood that from the failures of my initial attempts. Identifying a research gap, crafting a proposal and a plan of execution, having it critiqued from experts, choosing a Supervisor, shortlisting universities with appropriate departments, and then making it within the deadlines – all of these mandatory steps to begin a Ph.D. are time-consuming and require dedicated efforts. Luckily, during my stint at a boutique law-firm in Berlin, I had come to be professionally acquainted with a leading expert in the field of international economic law, Prof. Steffen Hindelang. Having already started to work with him part-time, while still at the law firm – allowed me to ease into the process. With time, I was exposed to several complex questions of law and started to learn approaches that experts take while opining on a matter of international economic law. My association with the Professor put me into a network of an intelligentsia, whose sharp and unfiltered critique helped me work on the list of what to do. As I continued to assist him in several of his engagements as an expert in several international forums and arbitrations, my ability to gain context expanded. Before trying to solve a problem, I got to understand a wider gamut of the field within which the solution was to be proposed. This led me to choose a Ph.D. theme that lay in the intersection of what I was working on, and what I could develop it into i.e., “Fate of Protectionism in International Investment Control: A Sustainable Development Perspective”. After 6/7 months of refining my proposal, I found the opportunity in Rome i.e., a rare interdisciplinary Ph.D. programme in economics and law – where I applied with my proposal and ended up getting selected. While the scholarship required me to move to Rome, I continued my role with the Professor that expanded over time as well. As my research and work were largely in the same field, both complemented each other. Being in Rome, allowed me the opportunity to work on a novel project on investment contracts at UNIDROIT. All of it together was indeed a demanding endeavour, but the symbiosis between all the engagements rendered it possible. Of course my mentors, supervisor, and university enabled me to travel and engage adequately to participate in forums of exciting discussions that kept me motivated. It was the ecosystem that made it possible for me.
With close to a decade of experience across Germany, Italy, and India, how has your cross-border legal practice informed your strategy in advising global clients, especially in high-stakes commercial arbitrations and international contract negotiations?
A multi-jurisdictional exposure with the fortune of having hands-on experience throughout – is essentially a professional upbringing narrative. Having been successful at surrounding myself with people smarter than me in several instances has taught me much. As we all know, Civil Law and Common Law – being the two distinct forms of legal systems co-exist with characteristic differences whose intricacies one can experience better while working on cases that necessitate grappling with them. In my limited experience, understanding of differences in procedural and substantive law of contrasting jurisdictions is a non-negotiable for lawyers who want to work on matters ‘international’. So indeed, I now take into account more things in my analysis of facts and law, including cultural and systemic differences of jurisdictions. And most importantly, it helps me delineate the questions that I need help with, when corresponding with my colleagues outside India.
In terms of stakes – one must understand that in cross-border disputes, stakes are usually high by default. The process is complex and expensive for the parties concerned, hence is resorted to when stakes are generally high.
Your path to becoming a Principal Associate at DMD Advocates has been anything but conventional. What were some key turning points in your journey, and how did they prepare you for your current leadership role? Also, in your role at DMD Advocates, you lead advisory work on cutting-edge issues like crypto-assets and artificial intelligence. How equipped do you think the Indian legal system is in comparison to other jurisdictions to address the legal complexities emerging from digital assets and algorithm-driven systems?
As key turning points, I would list three of them, (i) having had the opportunity to work and learn under an academic lawyer, that showed me a novel career path that I can tweak for myself, is possible; (ii) moving to Rome, that allowed me to be close to UNIDROIT and get acquainted with some experts who advise on matters concerning Digital Assets; (iii) deciding to move back to India for the opportunity at the Ministry of Finance, which allowed me to apply whatever I learnt to matters of economic treaties on a daily basis.
As for my role in DMD Advocates, I am a part of the dispute resolution and litigation team. Here I work on matters concerning both Indian law and International law. Working cultures differ across continents and countries, but it is usually inconsequential to engage in comparisons. However, my style of collaboration with colleagues (including my juniors), as I like to think it, is a blend of German directness in terms of giving and taking feedback, Italian tendency to ease into things unless necessary to do otherwise (I detest fake emergencies) and the signature Indian adaptability in making the best of what is available.
In terms of advisory in new technologies, a lawyer’s take is necessitated by the fact that the legal framework applicable doesn’t immediately change, instead it often may need to evolve. Hence, identifying gaps in the legal and regulatory frameworks and advising on account of realities, is a primary need of the hour. However, given the pace in which the digital economy of the world is changing, new challenging questions requiring interdisciplinary approaches are becoming increasingly common for those of us who are active in space. In terms of how prepared the Indian legal system is to adapt to new technologies, I think we have enough smart brains in the country to do the needful. The contextual regulatory landscape is evolving across the world, and India is no exception. It is the age of geoeconomics after all.
Having represented clients from the EU, Asia, and the Middle East in arbitration and contract-related matters, what recurring legal risks or contractual pitfalls have you observed in cross-border commercial transactions? Could you share a case study that was most interesting yet challenging for you?
In terms of pitfalls in international contracts, there are many that I am aware of, but recurring ones include, (i) a uniform and well drafted choice of law/applicable clause across the master contracts and sub-contracts; (ii) lack of explicit referencing of the terms and conditions to a (cross-border) purchase order; and (iii) lack of well drafted hardship and/or force majeure clauses. While any of the three things that I have mentioned may seem elementary to contracts, they have observably caused several complexities that allow dispute resolution to be consequently delayed, albeit for justifiable reasons.
It would be difficult to provide a case study in the amount of detail that would be useful for students, but here is something that seems novel but is not. In major construction projects, the contractual framework consists of the master contract, several sub-contracts and also sub-sub-contracts. An arbitral award was passed against an Indian entity (a sub-contractor in such a project) in an international commercial arbitration. However, by the time the award was rendered, the award debtor was declared insolvent by the NCLT. As the lawyers advising the award creditors (who were European), one had the option of following the traditional route of participating in the insolvency proceedings as one of the creditors. However, rather than merely accepting the limited recovery prospects of traditional insolvency proceedings, one may identify alternative enforcement strategies leveraging the complex contractual architecture typical of major construction projects. Subject to the impact of applicable laws, an option could be pursuing parent company guarantees or performance bonds that were likely executed as part of the master contract arrangements. However, we ended up using several indemnity and guarantee clauses in the contractual framework to get the main contractor and the investors in the insolvent company to settle with us on a reasonable quantum.
Your experience spans both private and public international law, from assisting European governments in ICSID proceedings to advising the Indian government on WTO and UNCITRAL matters. In your view, what is the future of international investment law amid rising protectionism, digital sovereignty, and shifting geopolitical alliances?
Investor-State Disputes, and their backgrounds vary greatly in the contexts of the countries involved. So, oversimplification of such complex constructs would be bordering on generalization – that is rather impressible in my profession. However, I can safely say that international investment law is at its adolescence. The procedural reform efforts to ISDS triggered in 2017 at the best of the UNCITRAL Working Group III, have made significant progress in some areas, especially in the context of procedural and crosscutting issues and instruments designed with a focus on mitigation of disputes. One must appreciate that while international investment law principles become seemingly sophisticated, the dispute resolution mechanisms contained in treaties also appear to evolve with time. While ISDS as a method of dispute resolution amongst sovereigns and private entities – is here to stay, the intricacies of its processes and the nature of the disputes themselves are bound to evolve, in light of the new technologies. The typology of policies that may come to be challenged under such a characteristic legal regime would certainly expand. New technologies (including Crypto-currency and Artificial Intelligence) have the potential to creep into the fact patterns of investment and trade disputes.
You’ve taught at institutions ranging from Uppsala University to UNIDROIT and South Asian University. Based on your global academic engagements, what do you see as the biggest pedagogical gap in training future international economic lawyers, and what resources or practices would you recommend for staying ahead?
One of the most visible differences in Indian and European academia, at the graduate and post-graduate level is the student-teacher ratio, which is of course smaller/narrower in Europe. In my estimation, that difference can manifest in terms of student output, if the teaching methods are not curated well. In India, the number of students is higher, so a Professor’s workload will inevitably increase if old teaching methods are retained without integration of new technologies. I would imagine that post-graduation programmes (especially LL.M.s) in India can be modulated to compete with the quality in Europe, UK or USA. Given that most lawyers wouldn’t pursue Doctorates, a post-graduate degree program (like an LL.M.) would be the last stint in institutional education for many future lawyers. We should do our own parts to finish it well!
Some European universities use in their post-grad programmes a Problem-Based Learning (PBL) method, where every day’s lectures are accompanied by an application-based exercise and group activities. Indian universities also implement several of such methods, albeit in variance. However, some Eruopean testing methods include an examination for each module (which is always partly or fully open book) and an essay on a topic of their choice guided by Professors. For this to be effective in India, would need significant heavy-lifting by the Professors to design such open-book examinations and their grading methods that accounts for the behavioral patterns of Indian students. The pedagogical gaps, if any, I believe are (i) the lack of curated courses that necessitate post-graduate students to think in terms of real-life problems in examinations that they care about; (ii) lack of automated grading/marking in examination design that aim to test descriptive knowledge or memory retention.
As an enthusiast of international economic law, I believe staying atop geopolitical and new technologies news starts as difficult, but after a few months of regular reading becomes easier as one learns to drown the noise. The ORF Newsletter, CSIS Geoeconomics Bi-Weekly Newsletter are good places to start if you cannot read daily. The Economist and Economic Times, manages to keep pace with developments. However, one must cut to the source of the regulation or law concerned to form their own opinion. For investment arbitration news, popularly there is GAR, IAReporter, and Kluwer Arbitration Blog. For AI Research the newsletter from LORE, is quite insightful, I think. While several independent media sources can also be insightful, recommendations may vary according to areas of interest.
Get in touch with Dr. Argha Kumar Jena –
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“My transition from practicing in India to building an international practice was a natural evolution, shaped by the global environment in which I was raised.” – Dr. Seemantani Sharma, Co-Founder at Mabill Technologies and Legal Manager at the Asia-Pacific Broadcasting Union, Malaysia.
This interview has been published by Anshi Mudgal and The SuperLawyer Team
With such a diverse academic background, what initially inspired you to pursue law, and how did your early education in India, your LL.M. at The George Washington University Law School, and your PhD at the University of Technology Sydney shape your focus on technology, intellectual property, and governance?
My journey into law began with a fascination for the Indian Constitution, a passion I nurtured from around the age of 17. I initially enrolled in a Bachelor of Economics at Delhi University, largely following my parents’ preference, but quickly realized that statistics and quantitative subjects were not my strength. They were very supportive when I decided to leave and pursue law instead, a field that truly aligned with my interests in governance, rights, and regulatory frameworks.
During my legal studies in India, I completed the mandatory year of pupillage and internship, which gave me a clear sense early on that conventional legal practice was not the path for me. After graduating from law school and completing my internship, I chose to work for a media technology company in a legal-business role rather than a core legal role. While I did not learn a great deal about practicing law in that role, I gained invaluable insights into how media companies generate revenues through media rights. This first job laid the foundation for my current role at the Asia-Pacific Broadcasting Union (ABU), where I continue to work at the intersection of law, technology, and media rights.
After my LL.M. at The George Washington University Law School, I stayed on for a year as a legal researcher at the Estelle and Melvin Gelman Library, working on a grant-funded project. It was during this period that I developed a deep interest in rigorous legal research and began considering pursuing a PhD in the future.
Several years later, after moving to Malaysia to work for ABU, the PhD opportunity finally presented itself. In 2019, I received a scholarship from the University of Technology Sydney to write my doctoral thesis under two highly respected IP scholars. I chose to focus on the intersection of copyright, performers’ rights, and dance, an unconventional topic that few IP scholars are willing to supervise. My co-supervisor (a leading Australian IP scholar), who happened to be a trained ballet dancer, was supportive of my choice. This allowed me to combine my academic interests with my personal passion as a trained contemporary Indian dancer and a student of Anand Shankar.
These experiences (from my early fascination with constitutional law, to my LL.M. research, to my PhD under distinguished scholars) have shaped my focus on technology, intellectual property, and governance. They reflect a trajectory guided by curiosity, rigorous research, and the desire to leverage law to protect innovation and creativity across diverse domains.
In the early phase of your career in India, what were the most formative experiences that laid the foundation for your practice and motivated you to specialize in intellectual property law?
From an early age, I have always had a global mindset, shaped in part by my father’s encouragement to think beyond borders. Growing up in a family of fourth-generation entrepreneurs, I also knew deep down that one day I would start my own venture. These early influences gave me the confidence to chart a non-conventional path in law, one that could combine rigorous legal expertise with innovation, business, and a global perspective.
In the early phase of my career in India, I was profoundly shaped by what I observed in conventional legal practice. I was concerned by inefficiencies in the justice system, the backlog of cases, and at times, lapses in ethics among practitioners and judges. It’s not that the whole Indian legal system is flawed, but these experiences made it clear that a traditional legal career was not for me. I had always envisioned a professional journey that would take me beyond India, allowing me to work on global challenges and innovations.
My first professional role at RSG Media Systems exposed me to the commercial side of media rights. I gained important insights into how media companies generate revenue, yet I realized I wanted a deeper understanding of law itself, particularly in areas intersecting with technology, creativity, and business. Intellectual property law naturally emerged as the perfect bridge between these interests.
Admission to The George Washington University Law School for my LL.M. became a decisive step toward my vision of becoming a global legal professional. That experience, combined with my subsequent PhD and international roles, reinforced my trajectory toward innovation-driven law, entrepreneurial ventures, and intellectual property strategy. Looking back, these formative experiences (my global outlook, early exposure to media and business, and rigorous legal training) laid the foundation for my focus on technology, IP, and governance on a global scale.
What inspired your transition from practicing in India to building an international practice, and how did you navigate the challenges of adapting to different legal and professional ecosystems?
My transition from practicing in India to building an international practice was a natural evolution, shaped by the global environment in which I was raised. Although I grew up in India, most of my father’s clients were foreigners. Our home constantly hosted visitors from across the world. This exposure gave me a deep comfort with cross-cultural interactions and a global perspective from an early age. I did not even have an official “Indian” name until I was 15. My relatives and friends often laughed at my nickname, which didn’t sound very “Indian.” Even in Southeast Asia, people sometimes ask me, “Where are you from?” despite my distinctly Indian surname. From food preferences to clothing choices, many of my everyday habits are shaped by this international environment, reinforcing my adaptability and ease in multicultural settings. Even my astrologer once remarked that I would thrive in international environments, a prediction that, in hindsight, aligns closely with the trajectory of my career. These experiences have been invaluable, enabling me to navigate diverse legal, business, and cultural landscapes with confidence and nuance. These experiences have been invaluable throughout my career, enabling me to navigate diverse legal, business, and cultural landscapes with confidence and nuance.
While this global exposure came to me naturally, I actively built additional skills to thrive in international environments. I learned basic Mandarin, took courses in cross-cultural negotiations, and continually sought opportunities to expand my knowledge. Adapting to different legal and professional ecosystems required not only understanding local laws and professional norms but also honing skills that allow me to connect effectively across cultures. It was challenging at first, and even now, navigating international scenarios is not always easy.
These experiences, combined with my grounding in international law and intellectual property, enabled me to develop a practice that is both globally relevant and locally effective. My upbringing instilled confidence and adaptability, and my commitment to continuous learning has been critical in navigating challenges and building an international career.
You’ve worked extensively on media rights, sports agreements, and international lobbying. What have been the most complex challenges in balancing broadcaster rights with the rapid evolution of digital and OTT platforms?
I have worked extensively on media rights, sports agreements, and international lobbying, which has given me deep exposure to the complexities of balancing broadcaster rights with the rapid evolution of digital and OTT platforms. The ongoing challenges reflect the nuances involved so much so that the broadcasters’ treaty has not been adopted even after more than 20 years. Even within my organization, we constantly debate fundamental questions such as “what constitutes broadcasting” and “who qualifies as a broadcaster” in a rapidly changing digital environment.
For me personally, one of the biggest challenges arises when distributing rights. OTT platforms are inherently non-territorial, which creates complexities when determining the exclusivity of sports rights in specific territories. Resolving these issues requires careful negotiation, strategic foresight, and an in-depth understanding of both the technology and the legal frameworks governing media rights.
The rise of OTT platforms has added additional layers of complexity. Traditional licensing frameworks often struggle to accommodate streaming models, on-demand services, and cross-border content distribution. For instance, the recent bill in India aimed at regulating OTT platforms highlights how governments are still grappling with these shifts, trying to balance consumer access, content regulation, and the protection of established media rights.
Navigating these challenges requires a combination of legal expertise, strategic negotiation skills, and a clear understanding of how technological disruption transforms the media landscape. My work in this domain has sharpened my ability to reconcile competing interests, draft adaptable agreements, and anticipate regulatory trends, ensuring that broadcasters’ rights remain protected even as the definition of “broadcasting” continues to evolve.
As a legal consultant advising start-ups and international organizations, how do you approach contracts and IP licensing across jurisdictions such as Asia-Pacific, Europe, and the US? What recurring challenges do start-ups face when entering these markets, and how can they prepare for them early on?
As an IP expert and co-founder of a clean-tech startup, I have seen first-hand how critical a robust IP strategy is to a start-up’s success. Advising start-ups and international organizations across Asia-Pacific, Europe, and the US, I approach contracts and IP licensing with a global mindset. Every jurisdiction brings its own legal frameworks, enforcement mechanisms, and cultural nuances, and agreements must be carefully crafted to balance protection, commercialization, and investor confidence.
Start-ups often face recurring challenges when entering new markets. IP regimes are fragmented, copyright, patent, and trademark protections differ, and licensing agreements can become complex when crossing borders. The biggest hurdles arise when trying to align a start-up’s ambitions with local regulatory realities while ensuring that innovations remain secure.
Preparation is essential. I advise start-ups to embed IP strategy into their business plan from the outset i.e. conducting thorough market and IP due diligence, clearly defining the scope, territory, exclusivity, and enforcement rights in contracts, and engaging experienced legal counsel early. This approach not only reduces potential disputes but also builds trust with investors and partners, enabling the start-up to scale efficiently while safeguarding its core innovations.
For me, the interplay between law, technology, and business is endlessly fascinating. Helping start-ups navigate these complexities while protecting their innovations has been one of the most rewarding aspects of my career, and it underscores why IP strategy is never an afterthought. It is the backbone of sustainable growth in a global marketplace.
As Co-Founder of Mabill Technologies, how are you leveraging AI and IoT to build sustainable HVAC solutions, and what role does intellectual property strategy play in protecting and scaling this innovation?
As Co-Founder of Mabill Technologies, we are focused on leveraging AI to build predictive maintenance solutions for HVAC systems. We have plans to develop a proprietary AI algorithm in collaboration with a university, with Mabill retaining full intellectual property rights while giving proper attribution to our academic partner. From Day One, I have approached this venture with a strong IP strategy, ensuring that our innovations are protected and positioned for scalable growth. Our IoT roadmap, which will enable real-time monitoring and optimization of HVAC performance, is planned for rollout in the second phase of development. By combining AI, IoT, and a robust IP strategy, Mabill aims to deliver sustainable, efficient, and market-leading HVAC solutions.
Having advised both start-ups and WIPO on IP law and sustainable innovation, how has your research and writing influenced your approach to balancing commercialization, investor confidence, and long-term climate impact?
Having advised both start on IP law and working with WIPO for a short consulting project, my research and writing have shaped a practical and principled approach to balancing commercialization, investor confidence, and long-term climate impact. I have come to recognize that investor confidence is ultimately built on trust. Trust that the technology is robust, the team is capable, and the IP is well-protected. My work in IP strategy ensures that innovations are defensible and scalable, which in turn is likely to assure investors. At the same time, my focus on sustainable innovation means that we do not sacrifice long-term climate impact for short-term gains. This dual lens of trust and sustainability guides how I structure ventures, communicate with stakeholders, and make strategic decisions that align profitability with purpose.
What advice would you give to students aspiring to a career in intellectual property law? What practical steps and resources should they focus on during law school to prepare themselves for this field?
It’s great to aspire. However, I would advise students not to get overly fixated on choosing a specialization too early. Intellectual property law is a fascinating field, but it is very niche. What matters more in law school is building strong foundational skills that will serve students across any area of law.One of the most critical skills is learning how to read i.e. not just reading casually, but developing the ability to process complex legal texts quickly and efficiently. I truly learned this during my PhD. It has been transformative for my career. Many students underestimate the importance of speed reading and speed writing. Nonetheless, in today’s world, these skills are what will set students apart. AI can retrieve statutes and perform basic drafting, but the ability to read deeply, synthesize quickly, and write clearly remains irreplaceable.
In practical terms, law students should focus on cultivating analytical thinking, precision in writing, and the ability to quickly absorb large volumes of information. Internships, research projects, and exposure to different areas of law will also help develop versatility, which is especially important in niche fields like IP. Some of the best IP lawyers I know are creators, inventors, or entrepreneurs themselves. This combination of legal skill and practical, hands-on understanding of innovation gives them an edge. A strong foundation, combined with curiosity and disciplined study habits, will equip students to succeed whether they ultimately specialize in IP or elsewhere.
How do you see the future of intellectual property and media law evolving with emerging technologies, and what is your vision for the evolution of your own practice in the coming years?
The future of intellectual property and media law is poised for a sea change, driven largely by emerging technologies such as AI. Traditionally, IP laws have been human-centric, focusing on human creators and inventors. AI disrupts this framework, raising fundamental questions: Who qualifies as an author? Can a machine or AI system hold authorship? Jurisdictions across the world are actively debating how to address these challenges, and IP laws will likely need to evolve to accommodate non-human-generated works and AI-assisted inventions.
In media law, licensing for OTT platforms remains one of the biggest challenges, particularly given their cross-border, non-territorial nature and the rapid pace of digital disruption. These shifts require not only technical legal expertise but also a strategic understanding of business models, technology, and regulatory frameworks. For me personally, determining the exclusivity of sports rights in specific territories for OTT platforms is a particularly complex challenge.
I am registered to take the California Bar Exam, which reflects my legal training and commitment to professional rigor. However, my primary role today is as a founder and legal strategist rather than a conventional practitioner. My goal is to build Mabill into a leading venture while simultaneously establishing my thought leadership brand. I plan to revisit the decision to sit for the exam depending on Mabill’s growth trajectory, ensuring that my focus remains on driving innovation, scaling the business, and shaping the intersection of law, technology, and sustainable solutions.
I see my role evolving from a technical-legal expert to a legal strategist and systems thinker. I aim to blend my legal background with high-level strategic input for start-ups in regulated sectors such as clean-tech. As a thought leader and clean-tech founder, I am no longer a conventional lawyer. Nonetheless, law continues to inform my work, enabling me to provide insights that protect innovation, anticipate regulatory trends, and support sustainable growth in a technology-driven world.
You have authored books on the EU AI Act and IP monetization in the AI era, published peer-reviewed articles on piracy, TRIPS, and broadcaster rights, and contributed policy insights at global forums such as WIPO. How do you see this scholarship and thought leadership complementing your role as both a legal strategist and a tech founder and what broader impact do you wish to create in shaping the future of IP and technology law?
My work as a scholar and thought leader directly complements my role as both a legal strategist and tech founder. Authoring books on the EU AI Act and IP monetization in the AI era, publishing peer-reviewed articles on piracy, TRIPS, and broadcaster rights, and contributing policy insights at global forums such as WIPO has given me a nuanced understanding of the intersection of law, technology, and innovation. These insights allow me to advise start-ups and investors not only on compliance but on strategic IP and legal frameworks that drive value creation and reduce regulatory risk.
Being a tech founder, myself gives me a first-hand perspective on the challenges innovators face i.e. how to scale responsibly, protect core technologies, and navigate complex cross-border regulations. This combination of scholarly rigor and operational experience enables me to provide high-level strategic guidance that is legally sound, commercially viable, and investor-ready.
My broader vision is to shape a legal and regulatory ecosystem where emerging technologies like AI are harnessed responsibly, IP rights incentivize creativity, and sustainable innovations (especially in sectors like clean-tech) can scale globally. By bridging the worlds of law, entrepreneurship, and technology, I aim to help founders, investors, and organizations anticipate market shifts, protect their assets, and unlock long-term growth opportunities.
Get in touch with Dr. Seematani Sharma –
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“To handle a wide range of cases effectively, a litigator must develop a robust set of core skills that transcend subject matter.” – Nishank Tyagi, Advocate on Record at Supreme Court of India.
This interview has been published by Anshi Mudgal and The SuperLawyer Team
Being an AOR today with nearly a decade of experience, what initially motivated you to pursue law as a career? Was there a defining factor that guided this decision?
If I was to sum up my decision to opt for law, I would say that I was running away from engineering and landed up at law school. Law was not the obvious choice for me initially. I was a science student in school and my parents wanted me to prepare for competitive exams and pursue engineering as engineering was the obvious choice for all science students, however, very early on in 11th standard in school, I realized that it was not my cup of tea. I wanted more than just a simple 9 to 5 desk job. I wanted a career which would make me look forward to work everyday and also give me an opportunity to serve the society and that is how law, especially litigation became the obvious choice for me.
In your early years, you worked with various lawyers and law firms. What were some of the experiences that laid the foundation for your practice, and how did you deepen your understanding of law during that period?
I consider myself extremely fortunate to have worked with some of the greatest minds in the field of litigation very early on in my career. After completing law, my focus was to learn the complexities of litigation and understand the world of Trial Courts. I had initially joined the chamber of Mr. Ratan. Kumar Singh, Senior Advocate where I learned about arbitration and commercial litigation which was an enriching experience. Later, I joined BAV Partners where I got to work with Mr. Vibhor Garg, whom I deeply regard as he gave me ample opportunities to appear before various courts in Delhi. Mr. Garg encouraged me to argue matters independently and to cross examine witnesses whenever required which honestly laid down the foundation of the litigator that I am today. I also worked at a prestigious law firm like Dentons Link Legal where I saw the more organized and structured side of litigation and arbitration and handled some high-stake matters under the guidance of Mr. Atul Sharma and Mr. Ravi Varma who are both luminaries of the legal fraternity.
What challenges did you face being a first-generation lawyer?
Just like any other profession, litigation also has its share of challenges and being a first-generation lawyer sometimes puts that extra burden on your shoulders, however, I am a firm believer that first generation lawyers should stay away from these negative debates of “insider-outsider”. Thinking too much on these lines will put you in a negative loop and divert your focus from important things. Rather than focusing on other people’s plate, one should put their head down and focus on improving core skills that a litigator requires. At the end of the day consistency and hard work can beat any kind of legacy.
After almost five years in the legal industry, you took the step of establishing your own practice with Adel Legal. What inspired this decision, and what initial hurdles did you face in setting up your firm?
From day one of me joining litigation, I was absolutely clear that someday I will set up my independent practice/firm. Though it always confused me as to what should be the timing of going independent and how much experience would be enough to go independent. Later, I realised that there is no straight jacket formula to this and everyone has their own circumstances. I knew that as I progressed in the world of law firms, both remuneration and responsibilities would increase but my risk-taking capacity would decrease. Hence, I thought the sooner the better for me and decided to take this calculated risk of going independent with just 5 years of experience.
Having represented a wide range of clients, including banks, government entities, and foreign corporations before diverse judicial forums, what do you consider the most critical skills a litigator must develop to handle such varied cases effectively?
To handle a wide range of cases effectively, a litigator must develop a robust set of core skills that transcend subject matter. Analytical & Strategic Thinking, Oral & Written Advocacy, Interpersonal & Negotiation Skills are important to name a few. A litigator must have a good sense of judgment and he must know when to push aggressively versus when to negotiate or settle. Also, litigation is adversarial and often high-stress. The ability to maintain focus, motivation, and composure through long, contentious cases is essential.
With your experience in arbitrations under international institutions such as ICC, SIAC, and LCIA, how do you see the role of international arbitration evolving for Indian practitioners and clients in the coming years?
I am extremely positive about the role of international arbitration evolving for Indian practitioners and clients in the coming years. Practitioners need to stay abreast of legislative reforms, institutional rules changes, and emerging jurisprudence. Indian parties are very active users of foreign arbitration institutions for international contracts. At the same time, there is increased demand for India‑seated or Indian institutions to handle international arbitrations, which reflects growing trust in domestic institutions. The Supreme Court and High Courts have increasingly issued pro‑arbitration judgments, pushing back against unnecessary judicial interference in arbitral awards, enforcing foreign awards.
Having represented the Government of Delhi before the Delhi High Court, what has been one of the most challenging cases in your practice, and how did you approach and handle it?
Handling Government litigation often involves chasing various departments, officials and civil servants for the required instructions, which is an additional challenge. I had recently worked on a case where government land worth hundreds of crores right in the heart of south Delhi had been encroached upon and even sale deeds were executed which were used to claim title over the said land leading to loss of revenue for government authorities. However, with the correct strategy and timely instructions, we were successfully able to defend the possession of the government authorities over the said land.
How has been your experience of working as Jail Visiting Advocate with the Delhi High Court Legal Services Committee?
I got empanelled as a Jail Visiting Advocate with the Delhi High Court Legal Services Committee in the year 2022. I visit various jails in Delhi every week and interact with prisoners to know their grievances and ensure that they get the required legal help and adequate representation before the High Court of Delhi and Supreme Court of India. I file bail applications for under trial prisoners and file appeals on behalf of inmates who have been convicted by trial courts. I have closely experienced the working of jails and have tried to contribute in making lives better for the prisoners. Overall, it has been one of the most satisfying experiences of my career.
What resources or methods do you rely on to stay updated with the latest legal developments, and what advice would you give to students aspiring to enter litigation? What habits should they build early in their careers?
One doesn’t need subscriptions of any legal database or fancy website to stay updated on legal issues. The website of the Hon’ble Supreme Court and various High Courts are good enough to keep you updated about the latest judgments and legal trends. But one must develop the habit of reading.
I consider myself a student of law and still learn from my mistakes, so I am not sure what advice I can offer but I can list down couple of mistakes I made in my career and would request my young friends joining litigation to avoid the same if possible:
- Not doing enough internships with litigators and Judges.
- Not networking enough from the very beginning.
I learnt it the hard way but the above mistakes can be avoided. Be Patient: Litigation takes time to pay off.
Becoming an AOR is a significant achievement. Could you share your journey towards this milestone and the responsibilities it brings to your role?
The Supreme Court of India conducts the AOR examination every year and the syllabus and study material can be found on the Supreme Court’s website. Preparation for the AOR exam was a learning curve, however, since I had been in practice for many years, that experience along with a solid strategy helped me sail through in my first attempt. Becoming an AOR and representing clients before the Supreme Court of India is a matter of great pride for me, but it does come with its share of responsibilities. The Supreme Court Rules and various landmark judgments of the Apex Court define the duties and responsibilities of an Advocate on Record. The Supreme Court only recognises AORs for the purposes of filing and an AOR can be held accountable for anything filed under his name and signature. But the biggest perk is that you get to file cases and represent clients from all parts of the country before the highest court of the land.
Balancing multiple responsibilities as an AOR and as the founder of your own firm can be demanding. How do you manage to strike a balance between professional commitments and personal life?
This is one challenge almost all litigators face in their lives, however, with effective time management one can easily wrap up work in reasonable working hours. I personally believe in putting in effective working hours and leaving office by 7pm and encourage associates at our firm to do the same. Unfortunately, at a lot of law firms working till late hours has become the new trend. I personally do not support or encourage that working style. Even in high-pressure environments, one should try to maintain core working hours and stick to them. Dinners with family, workouts, or personal hobbies should be treated as non-negotiable meetings.
Get in touch with Nishank Tyagi –
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“If you pursue the field of litigation over the time span of 15-20 years, the odds of your success are more provided you remain honest, hardworking and dedicated” – Akshat Gupta, Managing Partner at Law Green.
This interview has been published by Anshi Mudgal and The SuperLawyer Team
Sir, you have extensive experience in civil and criminal disputes, arbitration and various other areas. What initially drew you to law, and how did you develop your specialization in dispute resolution and corporate advisory?
If I reflect back on my journey as an advocate, I think the initial seeds were sown during my school days at Salwan Public School. Although I come from a science background, I was greatly influenced by my teachers at Salwan Public School who taught me social science and environmental studies during the initial days. At a very young age, I had developed strong views on critical topics such as caste reservation, women emancipation, global warming etc. Later on, Amity Law School propelled me further on my path towards social awakening where law was taught not only as a discipline but as a tool for bringing social change. I was greatly influenced by my professors who taught us subjects like Political Science, Law, Poverty & Justice and Jurisprudence which added fuel to the fire of my curiosity about this fascinating field. The turning point in my life was my internship experience with veteran leader of the Bar, Mr. R.N.Vats, Advocate, and time that I have spent in his chambers just kept sucking me into the field of law like a black hole even though initially I started my career in the corporate field as a management professional but eventually since my calling was always law so I went back to his chambers to master the essentials, understand the rudiments and get a solid foundation. As far as developing specialization in dispute resolution and corporate advisory is concerned, destiny has a role to play in it. It is a rule that if a lawyer’s diary permits, he must not say no to any brief which calls upon him. Following this principle and given my prior corporate experience and extensive network owing to my IIM roots, I started getting a lot of work initially in corporate advisory through my colleagues and friends. I was also lucky to get support from like-minded, hardworking, accomplished and brilliant colleagues from the Bar like Dr.Amit George & Mr. Sushant Singh, Advocate, who recognized and acknowledged my talent at an early stage of my life and entrusted me with complex briefs which required meticulous preparation and attention to detail which helped me develop my specialisation in dispute resolution over the time.
After completing your law degree, you transitioned into management and HR leadership with prominent organizations before returning to law. What motivated these career shifts, and how have these experiences complemented your legal practice?
Although, I always had a strong inclination towards the field of law but my curiosity and desire to explore other walks of life, while I was still young, led me to pursue the field of business management, when the life presented me with an opportunity to specialise in human resources from the Indian Institute of Management Ranchi. My experience at IIM Ranchi was a game changer for me, giving me much needed corporate and international exposure.
Interdisciplinary studies and holistic view about different areas of human knowledge is essential in shaping world view as law is a field which requires an open mind not having a myopic view. Very often the written code and precedents may blind us and seemingly show a dead end, but creative interpretation is necessary to do justice while at the same time respecting the code. This is why law is such a dynamic field and poses intricate challenges before jurists and lawyers all the time. The underlying motivation for me was to keep learning and growing my perspective and widen the lens through which I see the world. My experience in leadership roles with prominent organizations has led me to understand and appreciate the bottom-line pressures and regulatory challenges which businesses face while achieving corporate objectives in an ethical and legal way which has in-turn helped me to think more practically about law and regulations rather than focus on theory. My corporate experience and exposure has helped me to find innovative solutions for my clients to resolve business disputes often by way of mediated settlements in a faster way not requiring prolonged litigation.
Your practice spans dealing in sectors like FMCG, automobile, construction, and more. What are the major regulatory challenges you encounter today, particularly in the automobile sector, and how do you advise companies to navigate them?
The automobile sector is one sector which has a strong lobbying with the government when it comes to aligning national policies with domestic interests. Unfortunately, the entire ecosystem and infrastructure, roads etc. are still lacking and not conducive to pave the way for future technologies and international players to enter the market. If we have to provide high class mobility for a billion and a half Indians, our automobile sector needs to buckle up. The world is miles ahead and our automobile sector is lagging behind facing immense pressure from environmentalists and lawmakers. Another aspect is safety concerns on Indian roads and fast changing regulations, emission standards which constantly require upgrading technology to meet the changing demands. There are several sectors aligning closely with automobile sector and dependant on automobiles for survival including spare parts industry, oil and lubricants (where counterfeiting and trademark infringement is rampant), tyres, auto-insurance & loans (our courts are filled with accident claims and cases of loan defaults), e-taxi/cabs services etc. which pose unique legal challenges of their own. The second hand automobile market has its own qualms and now there are new big players in automobile rentals and second-hand sales who have entered the market and disrupted the scene. Second hand sale of luxury/ultra-premium vehicles is on the rise and inter State pricing differential helps in cost arbitrage and savings for the customers due to lower regulatory life of diesel vehicles in certain states. We have seen a rise in the number of consumer disputes against automobile companies. Very often, the contracts with dealers and distributors, service providers etc. are loosely worded without delineating properly the liabilities which arise out of “deficiency in service” beyond standard warranties. Moreover, there are emerging service aggregators who are going to dominate the auto-service sector in the near future and they are likely to plead intermediary immunity in cyber space. From the legal and regulatory standpoint, it is important to have proper demarcation between different business verticals providing connected services, revisit standard warranties and business contracts and implement a robust 100% compliance approach. Litigation is unavoidable in this sector, however, when it dawns it is important to pursue the cases diligently with coherent strategy keeping in mind long term implications in such a dynamic environment. The electric two-wheeler space is buzzing with emerging players and keeping litigation costs low early on is a challenge especially when India is a vast country and finding adequate legal representation in remote areas still remains a challenge as proceedings are dominated sometimes by local language which is a barrier in itself.
Balancing a wide-ranging practice that includes litigation, arbitration, advisory work, and pro-bono work, how do you manage competing professional demands while maintaining personal balance?
Although we lawyers have the liberty to work from home, from what I have seen in the legal industry, balancing competing professional demands and maintaining personal balance is the biggest challenge in life of all accomplished lawyers and even the senior-most lawyers in the fraternity struggle with this. A healthy mind dwells in a healthy body so maintaining physical health must take priority for anyone who wants to pursue this field with passion. Over the time, I have realised the importance of maintaining balance and spending time with family and pursuing hobbies which although initially is difficult to maintain in this profession but over the time with experience and clever self-management hacks coupled with prioritizing techniques can help solve this problem to a large extent. Having a schedule and following a routine is thus important which helps divide time between competing demands. From what I have learnt from senior members of the Bar, being a lawyer is all about staying in balance which is a constant struggle.
For young lawyers and professionals aspiring to specialize in litigation and corporate advisory, what key skills, experiences, or interdisciplinary knowledge would you recommend prioritizing early in their careers?
It is important to develop the skill to question everything and think critically but patience and tenacity are key virtues required in this profession which can be acquired early on by following a spiritual path from the very beginning. Further, reading religious scriptures (without becoming a fundamentalist) also helps in developing virtues of patience and diligence. I recommend reading literature in human psychology and how our understanding of the functioning of the human brain, habits and behaviours is used in modern business landscapes as a marketing and business strategy to advance corporate interests. This coupled with critical thinking is useful in separating truth from lies in this modern world of instant broadcast. Besides, it is absolutely essential to have good command over the English language and develop computer skills which can enhance your productivity and speed in a firm environment. Legal research and drafting are two pillars of litigation that go hand in hand and one complements the other. These are the basics which will give you impetus to start with confidence in your journey.
Reflecting on your multifaceted career spanning legal practice, HR leadership, and advisory roles, what guiding principles or lessons have shaped your success, and how would you advise the next generation to approach complex legal and organizational challenges?
There are certain guiding propositions which I strongly believe in which have helped me carry on and prosper in this profession. The most important is that when I took the decision to enter litigation, I strongly believed and I still do, that there is no Plan “B”. I will not turn back at all and I will die as a lawyer. This approach has helped me stay firm to my resolve to pursue litigation even amidst personal adversity.
The second principle which I strongly believe in is that if you pursue the field of litigation over the time span of 15-20 years, the odds of your success are more than the odds of failure provided you remain honest, hardworking and dedicated to learning from mistakes. I have seen lawyers struggling with even basic English language in the beginning but over the time span of 5-6 years they have mastered the ability to navigate court systems and procedures with ease and that’s only because they kept on going.
The third most important principle is to remain content with steady progress and growth. Very high ambitions can soon turn into disappointment. As they say Courts are not meant for unjust enrichment but only compensation for loss, similarly litigation being the profession which commands highest standards and respect can help you earn a decent livelihood but if you want to become rich then go do some business or take up some other career path. With time though, sincere and dedicated lawyers do become rich but their motivation is not to earn money which is rather a natural consequence which flows from being a trusted advisor.
As far as approaching complex legal and organizational challenges is concerned, my advice would be to sit, live and breathe with files as long as you can and just keep going at it till the complexity dissolves. In the early stages of my legal career amidst the hustle, I specifically made time to read and analyse case files in silos which helped me in understanding the facts properly and then apply legal principles to a given set of facts. It is important to take charge and lead the brief from the front.
There is nothing which you can’t do or understand. If others can do it, you can also do it, you just need to believe in yourself and keep your confidence high. When you are genuinely stuck just reach out and seek help from your mentors and seniors at the Bar. Bar is a very resourceful asset and my experience has been that members of the Bar are not competitive rather co-operative. I have learnt how to tackle complexity extensively from fellow colleagues and senior advocates over morning walks, informal discussions etc. but most importantly from court room experiences. There’s a saying in courts that if you absent yourself from courts for more than three consecutive days, then a lawyer is considered dead. So, make it a habit to visit courts daily and interact with members of the Bar where the maximum learning happens.
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