Super Lawyer

Author: Editor

  • Dushyant Mahant, Founding Partner, Mahant and Mahant Advocates on the initial hurdles faced in setting up an IPR firm

    Dushyant Mahant, Founding Partner, Mahant and Mahant Advocates on the initial hurdles faced in setting up an IPR firm

    Dushyant Mahant completed his law graduation from Law Faculty, DU in 2004. He later on went to pursue his LL.M. in IPR from University of Queensland, Australia. His area of expertise lies in IPR. Before setting up his own law firm, he had worked with Hemant Singh for more than two years and then with Chander Lall for two and a half years. He worked in IPR litigation where both the chambers provided him with amazing opportunities.

    Currently, he represents clients in copyright and trademark litigation, commercial disputes pertaining to arbitration and company cases. He also does a considerable amount of pro bono work in High Court and District Courts.

    In this interview, he talks to us about:

    • The importance of mentors in the legal profession.
    • How important grades are in shaping your legal career.
    • The ideal time to pursue an LL.M.
    • His inclination towards IPR Law.

    How would you like to introduce yourself to our readers?

    A lawyer who enrolled in a law school to ensure that no external factors would decide my fate.

    Why did you choose to pursue a degree in law?

    After graduating in 1998, I did float an idea to pursue law but was vehemently opposed by many. Seems like outside the legal fraternity, the profession then was, now also but to a lesser extent, is viewed with less excitement and future prospects. Although I was assisting my father in our family business, I was fascinated with the stock markets since school days. After my graduation, I assisted a National Stock Exchange member for online transactions and portfolio management. I also did a training course in Delhi Stock Exchange in the late 2000 for Derivative and Future Trading since those were the new instrument then.

    In March 2001, a political turmoil crashed the stock markets for consecutive weeks affecting millions of people by eroding their savings. I, then, chose to become a lawyer to manage my career my way. All this could happen because of the immense support of my parents. To them, initially it was more difficult to accept that their stock market trader son had suddenly become a student again. I will not say that those 3 years, from 1998-2001, were wasted; I would have been three batches senior to my peers today.

    What subjects did you take particular interest in during your law school days?

    Constitution, IPR, Criminal Law, Taxation, Muslim Law and Personal Injury Law (Tort) were my favourite. Some were forgettable. Never knew then, can’t figure out still, why we were taught those.

    How did you develop an interest in IP Law?

    Since a very young age, I had a weakness for brands and am loyal to quite a few of them. Selection of a particular name / logo for a brand fascinates me. Since I wanted to practice IP litigation, I was resolved to do an LL. M. instead of a short term diploma course though they are also good. In 2004, when I was about to complete my LL. B., I used to have frequent discussions with a couple of my senior professors, legends in the legal academia, like Mr. B.B. Pandey, Prof. M. P. Singh and Prof. Rajiv Khanna. After much deliberation and research, I finally shortlisted University of Queensland, Australia to do my Masters in IPR. Though I was focused only on US law schools, it was only through sheer guidance I was able to make the best choice for myself.

    What were the activities, academic or otherwise, that you undertook in your law school days?

    Legal Aid Clinics- where we all used to assist Mr. B. B. Pandey. We used to visit slum dwellings and arrange for pro bono work for their requirements. Sir used to take students to Tihar Jail as well for providing assistance to under trial. I still do a considerable amount of pro bono work. Mr. Pandey trained us to help the needy who cannot afford help.

    Who was your mentor, or main source of inspiration?

    In law school it has to be Mr. B. B. Pandey. Since I had joined law school after a stint in commercial world, I made sure to spend entire time in the campus-be it the library or even some lectures which were not so interesting. My attendance was always above 90% and it was always a point of ridicule among friends who were frequenting multiplexes and nearby markets during classes. Since first semester the affection which Sir showed helped all of us greatly.

    What kind of internships did you engage in during your student years?

    I was a unique student. I did no internships whatsoever. Since I am not from a family of lawyers, finding a good lawyer for internship was not easy. No offense but the law school was not of great help in this regard as well for making students busy in great chambers. Without wasting time then, I kept myself busy in law school’s library, a habit which helped me so much in my LL. M. days as well. I lived in Civil Lines, quite close to the law school. Even if the classes got over by 1 PM, I would go home, have my lunch and come back to be in the library till closing the time, daily. It surely improved my reading, grasping and research skills which help me, even today.

    What factors in the CV help a student in seeking admission in a premier university offering an L.L.M program?

    Grades for sure. If a senior professor, who is known abroad can put in a good word then the student is more than lucky. I was lucky enough to be endorsed by Mr. Pandey and Prof. Khanna to UQ. My work during Legal Aid Clinic was also a highlight in my resume. You can never know what clicks. Nowadays, many people do internships with Justices and I am confident that it really bolsters a resume.

    How important are grades, in your opinion?

    Here is the thing. In my first semester, I was a bit disturbed as I did not score well even in certain subjects where I had written fifty one case laws. I spoke to some of the senior professors. Result of the discussion was that if I kept my practice of writing dozens of new and old case laws, grades would not be forthcoming. Precise stereotype answers were the best choice. I chose the road less travelled. Though it also depends on the person checking the papers. I remember my friend Amit Kataria was specially called by a professor since his answers on Environmental Law were phenomenal. I wish there were more teachers like that.

    Job in the top notch firms is available to good grades from good law schools. But grades alone cannot make you excel in those conference rooms and court. I will always advise sharpening research and presentation skills, grades are secondary.

    Which is the ideal time to do an LL.M?

    Once a person enters the profession, she/he will take time to get accustomed to the environment. After spending a year or two in the office/courts, it is really difficult to become a student again. Economics is one factor. Mind-set is another. I, therefore, did not want to get into the same cycle again. I left for UQ immediately after my results were out.

    What motivated you to establish your own law firm? Describe the experience and the initial hurdles (if any).

    After coming to India, I initially joined Mr. Hemant Singh for more than two years and then Mr. Chander Lall for two and a half years, for IP litigation. Both the chambers provided me amazing opportunities for arguing cases on my own. Mr. Hemant Singh is an excellent lawyer in the promotion and training of juniors. Mr. Lall taught me how to argue a case in different circumstances.

    After 5 years in these two impeccable firms and clearing my education loan, I had two options: Either to continue in Lall & Sethi as the litigator or to set up my own small shop round the corner with no savings even to setup a website.

    In this, the credit goes to my wife, Shivani, who is a lawyer herself. Just like my parents supported me for 4 years during my law school days, I needed the same support from Shivani for my private practice. Shivani took a sabbatical from her own good litigation career to manage ourschool going kids and home so that I could focus on work, at unearthly hours at times.

    Initial hurdles were of course fluctuating income each month, some months going better and some worse than previous. Gradually situation improved and after seven years as a private practitioner, with a team of now 5 lawyers with me in 3 separate offices and two chambers in Delhi, I am quite content with my decision to be out of a typical law firm grind. I am handling IP litigation for a couple of big brands and assisting five law firms where I appear for their clients in courts. I am able to attend variety of cases now–like arbitration and criminal matters. I also represent Competition Commission of India in High Court and NCLAT.

    Even in this phase, for guidance, I regularly meet up my lawyer friends like Manu Minocha and a dynamic young lawyer on his own, managing a team of lawyers at Lall Lahiri & Salhotra, Rahul Chaudhry.

    As Ching Chow said, “An hour conversation with a wise man is worth years of study.”

    Do you provide internships at your firm? What are the qualities looked for?

    I do provide internships. I do not look for any particular quality. You cannot understand a law student completely through two A4 sheets. After meeting, I make the intern completely relaxed and focus on researching as many case laws as she can on various propositions. It not only helps her improving her research skills, also prepares her for taking best approach when facing similar cases in future.

    If given an opportunity, what would you do differently in your career journey up to this point?

    I would not change a single thing I have done so far in my legal career. If I was unhappy about a particular thing/format of working/attention to billing hours, once upon a time, that unhappiness is the reason I am currently able to enjoy the attention I give to each client now spending non billing hours at times. We are in service industry. My time is a commodity but I am not. At the end of the day, not spending sufficient time at home cannot be considered as a great career choice. Later at a point of time, when a situation arises where a big law firm hires me and my team, I will surely look for a working culture where I can cater to my family as well.

    An unhappy lawyer can never be productive.

    Students should avoid running after big-shot firms so early in their career. These firms are excellent but it is easy to get disoriented among so many lawyers in a particular floor all chasing their billing for a particular target. If one has an inclination towards litigation, not joining a trial lawyer in the beginning could be fatal. In big firms, focus is on big billing, which is understandable considering the expenses they have to meet and a face to present. However, the mentor to train you for court craft might not be able to devote so much time-since she/he is also on a billing clock.

    Is there any other suggestion you would like to give to our budding lawyers?

    Read. Write. Blog. Tweet. Make sure your interaction is in a far bigger sphere than just lawyers and Judges. We need to be aware about everything to some extent. Never forget that in a courtroom, unless the Judge is upset about something, wit and apart from-legal knowledge are essential requirements. A light moment goes long way.

  • Faizal Latheef, Partner, Kochhar & Co., on practicing Corporate & Commercial Law in the Middle East and DIFC Wills

    Faizal Latheef, Partner, Kochhar & Co., on practicing Corporate & Commercial Law in the Middle East and DIFC Wills

    Faizal Latheef graduated in Law from Mahatma Gandhi University, Kerala in 1998. He has close to twenty years of professional experience and has been practicing corporate and commercial laws in the Middle East for over a decade, with leading firms including the international law firm of Baker & McKenzie. Faizal has represented some of the largest multinational corporations on cross-border transactions and advised them on a multitude of international agreements.

    He is also one of the few lawyers licensed by the DIFC (Dubai International Financial Centre) Wills & Probate Registry to register common law compliant Wills for foreign investors and expatriates in Dubai, UAE.

    In this interview, we speak to him about:

    • His decision to shift from India to Dubai.
    • His role and responsibility as a Partner at Kochhar & Co.
    • The objectives of his personal platform where he mentors law students.
    • Maintaining a work life balance.

     

    How would you introduce yourself to our readers?

    I am a lawyer by passion and choice!

    I began my professional journey as a Dispute Resolution Lawyer in Kochi. I relocated to Dubai over a decade back and since then, I am practicing corporate laws. Dubai changed my career graph in a magical way as I had the opportunity to work with one of the largest international law firms, a Fortune Global 500 corporation leading its operations in the Middle East and Africa and a top tier local law firm. Now, my primary focus is on foreign investments, joint ventures, mergers and acquisitions, corporate restructuring and compliance, in particular anti-corruption.

    Personally, I am an ordinary guy with some crazy dreams. I do what I enjoy and am passionate about it. I am organized and determined and well aware as to where my destiny lies! I invest in people and have a large number of friends from across the world.

    I do not have any one in my family connected to law and am a first generation lawyer. Witnessing my initial struggles, even others have stayed away from the legal sector. I believe everything is possible in life and hope my journey will be an inspiration to my young friends who do not come with a legal background.

     

    What motivated you to pursue law? Describe your experience in law school.

    Law has always enthused me! I was into public speaking since my young days and somehow developed a misconception that a good public speaker could be a good lawyer too.

    On a serious note, law is to regulate society and promote social well-being. We all are required to comply with certain norms from early ages, be it at home or in the society. I was an organised child and enjoyed complying with such norms. From this perspective also, I thought law would be a great career choice for me.

    Like most of the law students, law school days are some of the most unforgettable days in my life. Be it some of those inspiring lectures, active participation in student politics or the wonderful time with my friends! I enjoyed every moment of those days! Candidly, I don’t think my law school curriculum sufficiently equipped me to build up a successful legal career. In contrast, it was what I learnt outside of the classroom that shaped my todays and lead me to this amazing journey called life!

     

    What was your first job after law school?

    It was almost two decades back! I started my professional career in Kochi, the commercial hub of Kerala. The legal industry then was dominated by individual lawyers and they all were into litigation. I practiced before the High Court and primarily focused on civil and commercial matters. I used to work for almost fourteen hours every day, without much financial returns!

    On hindsight, I admit that I did not enjoy litigation much! After spending considerable amount of time outside India and having got the opportunity to understand different legal systems from across the world, I believe our legal system needs a thorough revamp. It needs to be more professional, transparent, tech savvy, appealing to the youngsters and accessible to each and every citizen of the country.

    Nevertheless, those gruelling days helped me in preparing for the future in a tough way. It imparted lot of lessons to me, including the importance of hard work, patience, perseverance and above all, to stay optimistic – That my day will come!

     

    What caused the decision to shift to Dubai? What were the challenges you faced in this transition?

    I relocated to Dubai out of compulsion. A little over five years into my practice, I met with a near fatal car accident. I was bedridden for a considerable amount of time and could not speak. I lost my clientele in no time and could not come back despite my hard efforts! And I had no option but to quit litigation. Then, Dubai, with its big dreams, was a natural choice for me! If it could become one of the best cities in the world out of sheer grit and determination, I thought the city will have something in it for me too!

    The legal industry in Dubai is quite charming, with many of the top-tier international law firms and large multinational corporations. However, the transition was challenging. It was an alien place to me, with no relatives or friends. The legal system, culture, lifestyle, work ethics, client expectations all were starkly different from what I had experienced in India and it took a while for me to adapt. Fortunately, after a few months, I got into one of the best local law firms. And there started an amazing journey that transformed my life!

     

     

    Can you describe your role as an in- house counsel for AbbVie Biopharmaceuticals?

    I joined AbbVie Biopharmaceuticals on a specific mission – to lead its spin-off from Abbott Laboratories in around 35 countries in the Middle East and Africa region. Abbott then had one of the world’s largest selling drugs, which had an annual turnover of over USD fourteen billion. They decided to spin-off their business division which managed the said portfolio and wanted me to lead the transaction.

    The moment I stepped into an in-house counsel’s role, I realised that it’s the beginning of a journey into unchartered waters! Everything I experienced in my new role – from the people I met and their thought process to the work culture – was starkly different from a law firm.

    My in-house experience completely changed my perspective as a lawyer. Only then, I learnt that that the role of a lawyer is not just to enlighten the client about the legal provisions but more about analysing the risks in light of the legal provisions and guiding them to a solution, taking their business objectives into consideration.

     

    Describe your work profile at Baker & McKenzie Habib Al Mulla? What caused you to leave the firm?

    I spent most of my time in the Middle East with Baker McKenzie Habib Al Mulla. After my relocation to Dubai, my primary focus was on corporate and commercial laws and I continued to have a similar profile with the firm. However, the magnitude was completely different.

    All on a sudden, the nature of clients, transactions and their value changed in a big way. I got the opportunity to lead several multi-billion dollar deals involving some of the world’s largest multinational corporations. I also led the firm’s initiatives in the pharma and healthcare sector. I would proudly admit that I spent some of my best years with them. These eight years challenged me to a great extent and I was forced to reinvent myself all through the period.

    I spent considerably long time with the firm, and at some point, I felt like I am getting into a comfort zone. I wanted to get out of it and explore the unknown world. I was keen to find out if I would be successful in building up my own clientele. If successful, I knew nothing else would be more contenting!

     

    How did you come to be a Partner at Kochhar & Co.? What are your responsibilities?

    As I mentioned earlier, I wanted to leave Baker McKenzie and was exploring my options. Somewhere around the period, Kochhar & Co. became the only Indian law firm to have been granted license to practice local law in the UAE. I knew Rohit Kochhar, the Chairman of the firm, one of the most enterprising lawyers in India. We thought our interests complement each other and decided to join hands. Great colleagues, quality clients and an excellent office overlooking the iconic Burj Khalifa, the world’s tallest tower, can only be incentives to associate with the firm!

    I focus on three practice areas – corporate, compliance and DIFC Wills. I mostly work with multinational clients, several of them from India too, on a variety of matters including foreign investments, joint ventures, mergers and acquisitions, corporate restructuring and employment. I also do a lot of work on compliance, in particular on anti-corruption. I am one of the few Certified Auditors for the recent ISO 37001 Standards on Anti-Bribery Management Systems, which helps me in designing or auditing the compliance mechanisms of organisations as against an international benchmark.

    I also guide foreign investors in protecting their investments in Dubai through DIFC (Dubai International Financial Centre) Wills. I am one of the few Indian lawyers licensed by the DIFC Wills & Probate Registry to draft and/or register Wills that are not governed by Sharia. Being a Muslim country, inheritance in the UAE is governed by Sharia and foreign investors were concerned about its implications. This new mechanism is a big relief to all non-Muslim investors as they can now effectively secure their investments.

     

    Does law school prepare a student sufficiently for all the things expected from them after graduation?

    I often interact with teachers and students from various law schools and I understand that many of these schools are preparing their students in an exemplary manner. They offer trainings on a multitude of areas, help them find internship opportunities, arrange expert lectures and all these will help students to get prepared for the coming years.

    However, I believe it is impossible for a law school to fully equip its students for everything that comes after graduation. They can only set a platform for the students. It is for the students to decide as to what they want to achieve and how they want to reach there. They need to build relations with industry experts, find their mentors, expand their knowledge levels and take advantage of every opportunity that life throws at them!

    Nevertheless, an area where I hope to see improvement is on the soft skills part, in particular for law schools from the smaller cities. Many a time, it is not the academic credentials that will help you in reaching greater heights but certain other skills including your ability to connect with people. More importantly, I hope law schools mould their students to become responsible citizens of the society.

     

     

    What is your opinion on the recent proposal to allow foreign law firms to operate in India?

    I have been in Dubai for twelve years and spent most of time with Baker McKenzie Habib Al Mulla. I had a truly enriching experience with the firm as I got an opportunity to work with some of the best lawyers in the industry, on multi-jurisdictional transactions involving billions of dollars. I could lead several complex commercial transactions for many of the Fortune Global 500 corporations, all thanks to my association with an international law firm. All these have immensely helped me in evolving myself as a lawyer and as a human being. I would not have had this wonderful journey had I not been with an international law firm!

    The entry of foreign law firms will certainly shake the Indian legal industry and force us to adapt. Many of such firms’ systems, processes, clientele, people, work ethics, professionalism etc. are of a different magnitude that a sizeable portion of our industry has not yet seen. This will offer great opportunities to talented law students. In general, this will initiate a healthy competition and improve the quality of legal services.

    There are a few genuine concerns too, including the importance of setting up a level playing field for our law firms. Nevertheless, these are all minor issues that can be addressed effectively, if we want.

     

    How do you maintain a work life balance?

    Life in a law firm is always hectic! There are occasions where I have to spend long hours in office, in particular while working on projects involving multiple jurisdictions and tight deadlines. All these will bring in their own share of pressure too.

    I want to enjoy every moment in my life and do not want these long hours or pressure to impact me. I am able to manage these to a great extent by following three simple principles – by being passionate about what I do, being organised and saying ‘no’ wherever required! I try to work on matters that I enjoy. I plan my day before I get out of bed. I also try to practice the art of saying ‘no’ so that my time is efficiently managed. Come what may, I do not skip spending quality time with my family and friends or my squash sessions! Life is all about making the right choices.

     

    You have created a platform to mentor law students- through your website faizallatheef.com. Why did you come up with such an idea and what are its objectives?

    I started my website about a year back to share legal information on the UAE, in particular Dubai. A few months later, I was invited by Microsoft to be part of their initiative to mentor law students in Dubai, in association with Middlesex University. This was a great programme wherein several industry experts participated and it benefited the students immensely. I had a chance to meet with many students who were talented but confused too on a myriad of matters, who had no clue about how to shape their future. As a first generation lawyer, I could easily relate to their confusions. This is where I thought I must utilise my platform to help the younger generation.

    My objective is to make my website a platform for my young friends to connect with legal experts from across the world. This will help them in gaining great insights into the profession and apt guidance on a variety of matters including internship options, higher education and career choices. I am in the process of creating a panel of mentors with varied background, which includes private practice lawyers, in-house counsels with large multinational corporations and legal counsels from the government sector.

    I also provide internship opportunities to selected students, in our Dubai office. This is an amazing opportunity for students, in particular for those from India, as they get truly international corporate practice exposure.

     

    What advice do you have for our readers?

    My simple advice to my young friends is ‘enjoy life’! Life is full of possibilities and opportunities. It is up to you to explore and find them. You all are destined to achieve great things in life. So, believe in yourself. Break all the limits that you have set or others may set for yourselves. Dare to have big dreams and pursue them passionately. Life is all amazing!

    And more importantly, add a humane touch to everything that you do.

  • Tejasvini Shirodkar, Partner, Rajani Associates and her expertise in Private Equity and Acquisition (Domestic & Cross Border)

    Tejasvini Shirodkar, Partner, Rajani Associates and her expertise in Private Equity and Acquisition (Domestic & Cross Border)

    Tejasvini Shirodkar graduated in law from New Law College, Matunga in 2003. She passed the Solicitors Examination conducted by the Bombay Incorporated Law Society in June 2006 and has an experience of more than twelve years in Corporate and Commercial Law.
    Currently, she practices as Partner at Rajani Associates and handles various assignments with respect to Private Equity and Acquisition (Domestic & Cross Border).

    In this interview, we speak to her about:

    • Her work profile at Rajani Associates
    • Some tips and tricks for the Solicitors Examination.
    • The challenges of Cross Border Acquisitions.
    • The impact of IBC 2016 on supply contract litigation.

     

    How would you introduce yourself to our readers?

    Hi, I am Tejasvini Shirodkar and I am a partner at Rajani Associates. At Rajani Associates, I specialize in handling matters related to Private Equity and Acquisition (Domestic & Cross Border). Overall I would say I am fun loving and straight forward in nature. I love to travel and explore new places.

     

    What influenced you towards the legal profession?

    From childhood I have been a curious and an inquisitive child. Though nobody in my family has been in this profession, the court room dramas shown in English TV Serials have always intrigued me. So I guess that prompted me to join this interesting profession. However, only upon attending law school and after mooting I realized that I had made the right choice!

     

     How have your formative years helped to shape you as a lawyer?

    While I started my career in litigation in Crawford Bailey & Co and then in Dhru & Co, I gradually developed my interest for corporate matters. I then joined Rajani Associates, where initially I was handling real estate matters and thereafter joined the PE & Acquisition team. I remember initially in Rajani, a senior had instructed me to complete a diligence of a company as old as twenty to twenty five years all by myself. It was my first diligence exercise. That was a complete mind boggling experience, however that helped me learn the basics of diligence exercise and also how important diligence is for any transaction. I would say I was fortunate to work on such wide ranging matters in the early years of my career and also with some great seniors, especially Mr. Rajani (the Managing Partner) who is an excellent tutor. All of this helped me build my foundation to my career.

     

     What are some of the tips to hone one’s contract drafting skills?

    If you ask me for tips, I would say that while drafting any document, every lawyer needs to be precise and clear in what it needs to capture. During the drafting process, one must always keep in mind to stay within the four corners of Contract Act and such other laws applicable to the subject matter of the contract i.e. Companies Act or FEMA, Transfer of Property Act etc. Care must be taken to ensure that the intent of every clause of the document is conveyed in simple and lucid manner. The reason being at a later stage never should a situation arise where parties have any dispute on interpretation of any clause!

     

    What is the structure of the Solicitors Examination conducted by the Bombay Incorporated Law Society which you cleared in June 2006?

    There are six papers in total. We had to secure 50% in aggregate and passing of 40 in each subject. Yes, it is a tough examination. It is more practical oriented than theoretical. I was quite thrilled when I cleared this examination. It’s just that you need to know the right method of studying and answering the exam and you are sure you are going to clear this exam.

     

     Any tips and suggestions to students appearing for the exam?

    The Solicitors Exam requires the student to answer every question in a precise manner. The questions may be answered in two sentence or two words or two paragraphs. Length is never a pre requisite in this exam. However, one should not take the exam questions lightly even if the legal solution may appear simple in some case. Anyone who is pursuing this exam must study each of the subjects in detail. Every question in any subject is framed in such a manner that it tests the students overall knowledge of all the subjects. Hence, there are no short cuts. Overall it’s a great exam which tests your endurance and also you get the chance to study and get an insight of almost every subject of law.

     

     What would you advise buddying law students to focus on apart from studying their law degree?

    Apart from studying, students should also try to participate in moot court competitions. Such competitions help you build your confidence. I would also suggest that every student should, while they are studying law, do internships in every practice area and not focus on any one area right from start.  Internships give practical knowledge along with theory and also help the students decide the field they would enjoy working and wish to practice after graduating from law school. Along with that each student should also be abreast of the economic developments and changes in law irrespective of the field it relates to.

     

     Please tell us about your work profile at Rajani Associates?

    I head the Private Equity and the Acquisitions team in Rajani. Acquisition include domestic and cross border acquisitions, joint venture transaction, slump sale transactions and also asset sale.  Private Equity may either be a financial investment by domestic or an offshore fund or a strategic investment or advice on steps towards an effective exit by the investor. Along with PE and Acquisition I also handle, commercial contracts and SEBI diligence matters.

    At Rajani, we handhold our clients right from structuring by working alongside tax experts until closing without leaving any stone unturned. Our USP is personalized attention to a transaction, addressing not just legal issues (which are expected from a lawyer) but also assimilating and providing commercial solutions wherever there is an impasse or if the transaction requires specialized structuring, keeping in mind the end objective of the client.

     

    How has your experience at Rajani Associates been?

    I have been in Rajani for almost a decade. My experience in Rajani Associates has been quite enriching where I have been fortunate enough to work on wide range of matters right from beginning. My learning curve in Rajani has been great with every transaction different from the previous transaction where each assignment is a like a quest towards a new adventure.

     

    What are the unique challenges of Cross Border Acquisitions?

    Cross Border Acquisitions are quite interesting. If you ask me for challenges in a cross border acquisition, I would say all acquisitions (domestic or cross border) or more so all transactions, however small in size has its own unique challenges.

    In any Cross Border Acquisition, the challenge is to understand and study the law of the acquiring country and practical issues generally encountered while implementing an acquisition. Since it can, at times, change the parameters of a transaction. For example, acquisitions in Indonesia involve a myriad of laws and regulations. It requires an announcement of the acquisition in an Indonesian newspaper, notification to creditors and employees, creditors and shareholder approval. Further, the Indonesian Government issues a negative list periodically, which lists the relevant sectors (other than banks and companies in the financial sector) that are restricted or prohibited from foreign investment and where participation for local shareholder is compulsory.

    Likewise in Philippines, enterprises with paid up capital of less than USD 2,500,000.00 and engaged in retail trade are to be reserved exclusively to Filipino citizens of corporations wholly owned by Filipino citizens. Further in China too there are certain approval processes from various Governmental Authorities for any inbound or outbound investment process.

     

     What are the factors driving Private Equity Investment in India from a legal standpoint?

    The Government’s regulatory reforms, such as an overhaul of the archaic company law regime, simplification of investment routes into India, Make in India initiative, Stand up India Start-up India, Digital India, and Demonetization have bolstered investor confidence. Up until few years back, India’s foreign policies were essentially defensive. Apprehending the need for relaxation in foreign investment policies, the Government of India has made various changes in the Foreign Direct Investment Policy to open up the economy and thereby making India an attractive destination for overseas investors. Further with the introduction of regulations governing Real Estate Investment Trust, Alternative Investment Funds and Infrastructure Investment Trusts by the Securities Exchange Board of India, the Government of India has paved way for an internationally acclaimed investment structure in India.

     

    How has the IBC 2016 impacted supply contract litigation?

    Ordinarily, for any debt due under a supply contract, the claimant would have filed a money recovery suit against the Company. However, now claimants are resorting to relief under Indian Bankruptcy Code, 2016 (“IBC”) more so to threaten the company. Further if you observe the definition of claim under IBC is quite wide.

    As per Section 3(6) “claim” means— (a) a right to payment, whether or not such right is reduced to judgment, fixed, disputed, undisputed, legal, equitable, secured or unsecured; (b) right to remedy for breach of contract under any law for the time being in force, if such breach gives rise to a right to payment, whether or not such right is reduced to judgment, fixed, matured, unmatured, disputed, undisputed, secured or unsecured.

    Further as per Section 3(11) of IBC, Debt means a liability or obligation in respect of a claim which is due from any person and includes a financial debt and operational debt.

    Thus, if there is default under a supply contract for non-payment of an established amount, a creditor can claim under IBC, unless there is an existence of a dispute, if any, and record of the pendency of the suit or arbitration proceedings filed before the receipt of such notice or invoice in relation to such dispute.

     

    What have been the biggest systemic changes since the implementation of commercial courts?

    Pursuant to the Commercial Courts Act, 2015, it was is mandated to set up commercial courts in India and Commercial division in the High Court for adjudication of commercial disputes of Rs. 1,00,00,000. Commercial divisions have already been set up in Bombay High Court and Delhi High Court. Similarly, Commercial Courts have also been set up in Gujarat, Andhra Pradesh, Rajasthan and Goa. This is a great achievement in light of increasing number of cases pending before the High Courts.

     

    What would be your parting message to our readers?

    Never forget that every professional is a student at every stage of its life. The key to success is that you should always be receptive, eager to take up new challenges and learn new things and have the quest to perform and succeed. And last but not the least “Success is nothing more than a few disciplines, practiced every day”.

     

  • Prashant Ramdas, AVP-Legal, ENIL (Times Group) on practising Media Law as an in-house Counsel

    Prashant Ramdas, AVP-Legal, ENIL (Times Group) on practising Media Law as an in-house Counsel

    Prashant Ramdas qualified in Law from Mumbai University, batch of 2005. His area of expertise includes E-Commerce, Media and Entertainment and Technology. He has more than twelve years of work experience and has worked as a practising lawyer as well as an in-house counsel with organizations like NSE.IT Ltd., Reliance Media (ADAG Group), Star India, Balaji Telefilms and Motion Pictures, Zee Entertainment Network, Essel Group and Times Group.

    Currently he is serving as the Associate Vice President – Legal at Entertainment Network India Limited. ENIL is a subsidiary of Times Group and controls Radio Mirchi, Mirchi Movies, Times Outdoors, etc.

    In this interview, he talks to us about:

    • The importance of always being open to learning and zeal for one’s profession.
    • The factors that recruiters take into consideration while recruiting.
    • His responsibilities as an in house lawyer.
    • His inclination towards the media industry.

     

    How will you introduce yourself to our readers?

    Well for introduction, I am a young lawyer and always a law ‘student’ just like you guys, grown up only in age a bit. Though there have been no lawyers in the family, my grandfather always wished I become one, so I sort of fulfilled the prophecy.

     

    What was it that got you interested in the legal field and pursue a career in law?

    Law was probably the only subject that intrigued me right from the time I got introduced to it during my B.Com. I always aspired to be a professional and I clearly hated numbers and accounts, so I decided to pursue a career in law which was sans any of it. To be completely honest, in my opinion no combination with LL.B really helps in the profession. All what matters is how focused you are on what you have chosen voluntarily as your career path. B.Com in a way helped me generally to get a quick grasp and understanding of the commercial and business aspects of a transaction which are subject matter of the contracting and negotiations or non-litigation as we call it and which is my main area of interest.

     

    How was your experience in law school? Which were the activities that you undertook?

    I graduated from a modest evening law school as I had to support my education by working part-time and as such moots and extra-curricular were never my area of focus nor I had bandwidth for it. My internship with a reputed criminal lawyer to start with was surely of immense help. It gave me a clear picture of the struggle that lied ahead to be successful in this field and mentally prepared me for it. I shall forever be grateful to my early mentors to have let me get an early insight into the challenges and many nitty-gritties of legal drafting which laid foundation for my career. The budding lawyers should always remember to be a ‘sponge’ during their internships, take them very seriously and absorb as much as they can during the short stint, it benefits in ways you can never imagine at that stage.

     

    What are your areas of interest in the legal field?

    My area of interest has always been drafting and documentation, whether it’s pleadings or agreements or the likes. Oratory was never my forte but articulation was and that’s what I decided to focus on. During my internship, my practice in courts and even in corporate as in-house lawyer I made it a point to read drafts and precedents from good lawyers and reputed law firms as well as international documentations. Reading, observing their styles, vocabulary, logical arrangements with intention to merge and inculcate in what I have learnt, with the intent to develop my skill and ways to bring absolute clarity and simplicity in my drafting, always helped me to enhance my skills. And needless to mention, the learning never stops! Always observe, always be a student and stay humble, no matter how much you climb in your career.

     

    What was your first job after law school?

    I started practicing in Thane District and Sessions court immediately after graduation. A senior lawyer practising there was gracious enough to let me be a part of her chambers. The first lesson it taught me was Investment- Investment in your career and goals. I started with a meagre Rs.250/- per month in 2005 whereas my peers started with minimum Rs.15, 000- Rs.20, 000/- with reputed law firms and corporates. It shifted my focus from money to Law. I believe litigation is the foundation of legal career and every lawyer must get hands-on experience in it irrespective of areas of interest. Once you strengthen the basics, rest falls in line. In few years’ time, I did manage to level up with my peers in spite of starting slow. So never be worried about where you start, be focused on ‘how’ you start. Invest your time and energy in learning, rest will take care of itself.

     

    What are the factors do recruiters take into consideration while recruiting fresh graduates or young lawyers?

    In my experience, I have always seen recruiters interested in evaluating how much you ‘know’ than how much you ‘scored’ or which law school you belong to. Marks and institution may get you to a door but you can enter only with knowledge. The other factors they consider are how interested you are in learning and exploring various areas of law, whether you are a ‘cultural’ fit to their organisation, how open you are to put in the amount of hard work required for the profile and the zeal for your profession.

     

    You have been previously associated with Star, Balaji Telefilms, Balaji Motion Pictures, Zee Entertainment Enterprises, Times Group which is in the entertainment industry. Were you always inclined towards this industry?

    I entered this industry of Media and Entertainment by accident and without intent or much information about it to start with. It was a career decision I had to make from perspective of exploring other areas of law, being in early stage of my career i.e. areas other than Real Estate and IT which I started off with. The Media and Entertainment industry is all about Intellectual Property Law and Copyrights majorly. The field of copyrights, apart from being a niche, is immensely complicated and interesting. Just when you start thinking you have learnt a lot, you realise there is a universe out there waiting to be explored. New challenges keep cropping up every single day and that’s what keeps me interested and fascinated about what I do. The work culture in this industry is indeed one of the factors which keep me glued. Most entertainment companies breed work culture that is informal, un-bureaucratic, open to ideas, casual but at the same time dead serious about the things they do. It’s highly time sensitive, cost-sensitive and keeps you alive and on your toes always. You also get a sense of contribution to your organisation as you are entrusted to protect their core i.e. IPRs. So jump in if you want a rollercoaster ride!

     

    You took up a position at Balaji Telefilms and went on to become the Associate VP of the Legal team at Balaji motion Pictures. Tell us about your professional experience and responsibilities?

    After practising for 2 years in criminal and civil litigation as junior advocate, I got into legal team of NSE.IT (IT arm of National Stock Exchange), from where I moved on to media sector starting from Reliance Media. I was approached by a placement firm for opportunity with Star India and I got in to explore the field of copyrights. I handled legal documentation for all major channels of the company including Star Plus and the English cluster and also their content licensing business. However, working there I realised that though a reputed broadcaster gives you immense international exposure, the detailed knowledge of on-ground production of a television serial/films is equally important, to widen your perspective, understanding and practical realities of media production, which in -turn helps you in your overall understanding of the core business of content production and there was no better place than Balaji Telefilms and Motion picture for learn it. In addition to variety of contracts, it taught me the ground realities of productions, artist negotiations, difficulties faced by production teams etc., which helped me to cover the risks as well as be more articulate, accommodative and to simplify my agreements, to standardise them and ensure quick closures.

     

    Can you tell us about your responsibilities as the Managing counsel at Zee Entertainment?

    Zee being a media giant gave me exposure to wide variety of businesses and transactions. I handled their major television channels including flagship Zee TV, content acquisition and licensing business, food e-commerce business as well as their digital business apart from general corporate transactions.

     

    What made you shift to the Times Group? How has your work experience been so far?

    Shifting to Times Group was again a conscious career decision, as I was presented with an opportunity to handle their Radio Broadcasting business under guidance of an experienced professional and chance to handle litigation profile which I was estranged from a long while. Knowledge of copyrights in musical works is core to this business and is also a very important and complicated area of copyrights. Apart from the work profile, the work culture at Times Group is a huge plus, as they give you complete freedom to work as well as to maintain a healthy work-life balance. It also helps to maintain your efficiency at work, which most organisations talk about but never implement.

     

    What are the skills one needs to develop in order to succeed as an in house lawyer?

    As I mentioned earlier, to succeed in any field, the only thing that helps is to focus on your area of interest. If one is interested in litigation aspects, voracious reading of case laws, pleadings and working under a knowledgeable general practitioner (unless you have pre-decided your area of work) is very crucial. If one is interested in documentation side, reading of as much variety of good contract drafts, understanding of contract law and laws relating to the transactions is very important. Sincerity and hard work in these areas will definitely take you places and will make you confident to take up any challenges in your area of work.

     

    Describe the typical day of an in house lawyer? How is this different from working at a law firm or a chamber?

    Working in chambers of a lawyer is a whole different experience. You are immersed in research work, reading up laws and precedents and picking up your senior’s manners in dealing with clients. As against that, in-house is more about applying what you learnt in the chambers or law schools. It is more operational in nature and all about meeting deadlines. It also involves the most important and interesting aspect i.e. learning the business models, revenue streams and understanding the business requirements of core business of your organisation. Streamlining and standardising the current processes and continuously evolving your documentation to align it with requirements of your internal customers (i.e. businessmen) to help them expedite document closure, bring in more revenues for the company and at the same time to protect its interest in the best manner. Thus, the core role of an in-house lawyer is to be a ‘business enabler’.

     

    What are you views on the importance of higher education in the legal profession?

    Education is never ending. Higher education should definitely be pursued, if you firmly believe it is going to add to your present skill sets and knowledge. Its necessity, I believe depends on lot of factors like personal aspirations, targets, interests in higher studies, career benefits considering the position you are working at etc. I personally did not pursue LL.M or other courses as I felt I have enough to learn in my area of practice alone and being focused on it helped me achieve my personal goals. But as I said it’s an individual choice considering their circumstances.

     

    What are the challenges you have faced in building your career as it stands today?

    The basic challenge at the beginning of my career was sustaining with a very modest income in spite of earning pressures, with a belief and faith in what I was investing in. Due to lack of early guidance, contacts and references and also not being from a top rated law-school did hinder my chances to get a rocketing start, however it also taught me the importance of hard-work, self-reliance, self-development, persistence, self-belief and making way through any challenge. It was never a cake-walk to what I managed to achieve thus far, but it taught me to stay humble, to be open to learning from everyone including interns and peers I work with and to help those who have zeal for this profession in whichever little way I can.

     

    How do you maintain a work life balance?

    Work never ends. If it does you will no longer be required. Therefore, prioritising is important. Know what is important to be done. Keep a track of your work so that nothing important misses your radar. Work efficiently through the day and more often than not, you will find yourself leaving the office in time, without prejudicing your work. Focus on the fitness levels of your mind and body equally as they in turn help your efficiency at work. Do this and you can maintain a work life balance with ease.

     

    What advice do you have for our readers?

    Though I am not as accomplished yet as to advice, from my little experiences, I can only reiterate and say ‘Never stop being a student!’ Identify your strengths and decide your area of focus early in your career and work relentlessly. Work hard but most importantly enjoy whatever you do and never forget to have fun. All the best to each one of the readers for their aspirations and thank you for reading. Feel free to reach out to me at prashantramdas@gmail.com should you have anything to ask.

  • Sanjeeth Hegde, Partner, BananaIP Counsels and his diverse working experience in both US and India

    Sanjeeth Hegde, Partner, BananaIP Counsels and his diverse working experience in both US and India

    Sanjeeth Hegde graduated with a Juris Doctorate from the University of New Hampshire School of Law in 2004. Thereafter, he went on to qualify for a Masters in Intellectual Property, Commerce and Technology (MIP) from the same institute. He is a Partner at one of India’s leading IP consultancies, BananaIP Counsels, where he heads the licensing, commercialization and also IP for start-ups practice. He regularly counsels clients such as Samsung, Mahindra & Mahindra, Yash Raj Films, IIT Madras and start-ups out of IIM Bangalore. He is also the co-founder and Managing Partner of the BIP Group, a technology transfer and IP commercialization firm.

    He is entrusted with the responsibility of client engagement, client relationship management, some aspects of operations such as HR, Marketing and IT for the firm.

    In this interview, we speak to him about:

    • The differences between the working environments between the US and India.
    • His role as Managing Partner of the BIP Group.
    • How to avoid a decision paralysis in career options.
    • The importance of mentors in the legal fraternity.
    • The key attributes that one must develop in order to excel as an IP lawyer.

     

    Hello Sanjeeth, how would you introduce yourself to our readers?

    I consider this interview by SuperLawyer to be a great opportunity to talk about my somewhat unique legal background.  I’m a Senior Partner at BananaIP Counsels (BIP) where I focus on IP licensing, commercialization and strategy.  All of my higher education has been in the US, including my Juris Doctorate, which after completing I worked for several Fortune 500 companies before returning to India.  I’m passionate about teaching and hope to share some my experience with SuperLawyer’s readers.

     

    Are you a first generation lawyer? What inspired you to take up law as your choice of career?

    Yes, it is true that I am a first generation lawyer from my family.  I happened to relocate to the US during my school years.  Being raised in the US, the two most respected professions that you learn to aspire towards are Medicine and Law.  In fact, I went to college to pursue Medicine but within a short time realized I wasn’t cut out for the rigors of medical school in the US.  So the next best choice, Law. I foolishly left believing law school would be easier.  I was in for a big surprise.

     

    How would you describe your time at New Hampshire School of Law?

    I pursued my Juris Doctorate from the University of New Hampshire School of Law (then know as Franklin Pierce Law Center), and a Masters in Intellectual Property, Commerce and Technology.  Law school in the US is three years after your graduation.  I found the first year, when the foundation courses in law are taught such as Contracts, Torts, Civil Procedure, etc. to be incredibly difficult.  But as the years progressed I became more comfortable and started to excel.  At my law school senior students are chosen to assist professors as Teaching Assistants.  I had the privilege to be a Teaching Assistant for courses such as Technology Licensing and Alternative Dispute Resolution.  I was a Member of the Licensing Executives Society an intellectual property club and also served as the President of the Indian Law Student Association.

     

    What is your advice to students to avoid a decision paralysis in career options?

    I strongly believe that nothing beats practical experience.  One of the biggest weaknesses that I find when hiring new law graduates is legal analysis and writing.  Our law programs unfortunately do not adequately prepare our law graduates for the legal profession’s realities.  First, I would advise students to take maximum advantage of internships, not hop from one month internship to the next, you can hardly learn anything in a month.  Pick a firm or an attorney who is willing to invest their time in you and spend at least three month with them.  If at all possible return to the same firm for additional internships as you progress through law school. This progression in your legal learning and experience will pay rich dividends as compared to multiple one month internships.  Second, I would tell students that a post graduate degree such as an LLM immediately following your basic law degree absolutely doesn’t make you any more attractive a hire than a basic LLB graduate.  Grab a job after graduation even if on an apprentice basis and get the necessary exposure to various areas of practice.  After a couple of years you’ll have a good sense of what specialization you like and would like to make a career out of, then pursue a full time, or my recommendation, a part time graduate degree to specialize.  Why part time? Unless you get admission into a top graduate program either in India or abroad, pursuing a full time program at the cost of work experience adds almost no value to your resume.  So if you are one of those who isn’t lucky enough to get into a top graduate program, then continue working and building your portfolio, and pursue a part time or distance education specialization degree in an area of your interest.

     

     

    What are the differences you find in the working environments between the US and India?

    Having lived abroad for many years I had this yearning to return home and make something of myself here. I did my homework and felt there were greater opportunities in India than anywhere else.  Though financially I would have to take a step back in the beginning, in the long run I could more than make up for it.  The sophistication and professionalism of the Indian legal practice improves year on year.  I don’t think it is fair to compare the conditions here with any other country as the working environment can vary drastically based on local circumstances.  India’s legal industry is in a constant evolution as a result of the fast growing economy and continues to reshape itself every day.  This is great for all of us in the legal fraternity as we are the ones determining what our environment looks like.  This however might not be the case in places like the US which as a developed economy has a more stable legal working environment.

     

    What inspired you to choose IP law as your area of expertise?

    My choices were either International Law or Intellectual Property Law.  I chose to specialize in Intellectual Property Law as University of New Hampshire School of Law (formerly Franklin Pierce Law Center) where I got admission, had one of the leading IP faculty in the world and was a highly ranked program.  So if you ask me honestly, though I went to Franklin Pierce to just study law, my interest in IP grew and I ended up doing a second degree specializing in IP, because I was surrounded by some passionate IP professors and fellow students.

     

    Tell us about your early professional experiences.

    The economy was quite poor when I was graduating and there weren’t many legal jobs to be had.  I was one of the few lucky ones in my batch, I ended up with a contract position with a large multi-national organization working on financial securities though I had no background in this area.  You had to take what you could get.  Luckily within a few months I was able to move into a full time position with the same organization working on IT and technology licensing.  This started my career and I decided to focus on this area for the first several years.

     

    How important is to have a mentor or guide during the formative years of one’s career?

    Unfortunately I did not have an appropriate mentor during the formative years of my career.  I’m not sure now, looking back, if I just couldn’t find one or if I was not open to having someone as a mentor.  Nonetheless, it is very critical to have someone play this role in a young lawyer’s career as the journey can be professionally and personally complicated.  During the initial years of my career my primary focus was financial advancement.  I was constantly looking for the next opportunity that would pay me more.  This I realize now was at the cost of some good jobs, with good bosses and colleagues, and great learning opportunity.  Nobody was there at the time to tell me this. When I mentor young attorneys or students today, the first thing that I ask them to do is to choose the right boss and not chase pay.  If you learn the right things in the formative years of your career then pay will automatically follow.  Be patient.

     

    On what parameters do you choose the projects you work on?

    My focus areas at BananaIP Counsels (BIP) are IP licensing, commercialization, and strategy.  This applies to various sectors such as Media & Entertainment, IT/Software, E-commerce and Manufacturing.  We have a very collaborative approach at BIP and a flat hierarchy.  It isn’t uncommon at our firm to have our associate attorney’s lead projects with support from Partners unlike some firms where the Partner is always at the front.  Therefore a good amount of my time is spent on mentoring associates on projects rather than actually working on them.  I do consciously build a specific body of work and this is dictated by what our clients ask us.  The last few years the sophistication of IP in the Entertainment and E-commerce industries has drastically increased and we at BIP have made the conscious effort to up-skill ourselves to meet the demand and capture the opportunity.

     

    What are the roles and responsibilities that you are entrusted with as a Senior Partner?

    Most people assume that as an attorney you spend all your time on researching, writing and advising clients on legal matters.  That is partially true.  I spend about half my time on client matters. The other half, I have been entrusted with the responsibility of client engagement, client relationship management, some aspects of operations such as HR, Marketing and IT for our firm.  For me it is a balancing act between client projects and operations, one cannot be ignored for the other.

     

    Could you share with us some of your experiences from the high profile entertainment litigations you have worked on?

    We at BIP have had the opportunity to represent and advice some of the leading film studios of India.  In their business of content creation and monetization it isn’t uncommon to deal with mis-use and infringement on a daily basis, especially with the prevalent options available to infringers through digital media.  Litigation is a very small part of our work in the Entertainment industry; most of our efforts go into contracts as related to engagement of talent, licensing, merchandizing, distribution, and the provision of legal opinion.

     

    What are the challenges you have faced in building up your career as it stands today?

    IP is an evolving area of law in India and has gained prominence over the last decade.   When we started out we were somewhat ahead of the times, there wasn’t much of a demand for our specialized legal services.  However in time, we have come to be recognized as one of the pioneers of IP in India.  It has taken a lot of effort, and we have probably spent equal amounts of time in educating the client and industry about IP, as much as working on their projects.  Over the next five years I see myself focusing further on areas such as Entertainment and E-commerce and building a steady set of key clients for this practice.  I also see great opportunity in IP valuations and commercialization and this is an area that I will dedicate time to exploring.

     

    What are the key attributes that one must develop in order to excel as an IP lawyer?

    IP has the ability to transcend beyond mere interpretation and application of the law.  The commercial and strategic elements of IP practice in my opinion play a larger role.  For example, in a software licensing deal, an IP lawyer has to not only think about what laws to apply to the transaction, but also consider how best to get the business deal through without being a legal show stopper.  For many IP lawyers looking beyond law becomes a challenge.  I fortunately through my first few jobs had the role of a deal maker rather than just a lawyer.  As a part of these roles I had to learn to represent an entire organization’s requirements, from Sales, R&D, Finance, and Legal while negotiating and putting win-win technology licensing and collaboration deals in place.  I still rely heavily on these skills in my practice today.

     

    How has your experience been as a visiting faculty at Alliance University and IIM Bangalore?

    Based on my experience of having taught IP at various law schools and having hired many law graduates, I would say our legal education should get a little more practical.  There should be a stronger emphasis on teaching students legal research and writing as well as create greater opportunities for first-hand experience.  As I had addressed in a previous answer, I had indicated that multiple one month internships, which is the norm in Indian law schools, practically serves no purpose other than getting you to see the nice chairs and tables at a firm, and before you know it, the internship is over.  Rather, students should be given the opportunity to intern for a minimum of three months at the same firm or company during each year of law school.  Secondly, law schools should create law clinics, which are credited full term courses in areas such as IP or Criminal Law, etc…  Clinics are led by a professor and the students would work as associates managing real cases on a pro-bono basis.  I was lucky enough during my law school days to counsel real clients as a part of my IP and Commercial Transaction Clinics.  Yes, I do have plans to spend more time in academia once certain goals that we have been set for BIP Counsels are achieved.

     

    How do you manage to maintain a work-life balance as a busy legal professional?

    It becomes easier to achieve work-life balance when you gain some seniority in your profession.   If you don’t break away from thinking about work during some point in the day, for example I stop checking work emails once I reach home in the evening, over time you tend to get worn out and your interest in your work starts to diminish.  These days however it is very difficult to achieve this because of smart phones where you are constantly connected and always reachable.  Sometimes I just make a conscious decision not respond to an email or answer a call when I know that it can wait till tomorrow.

     

    How do you keep yourself abreast with the latest legal developments and industry news?

    This is a very important aspect of the legal profession, the learning can never stop and if it does you are no longer of value to your clients or your colleagues.  We at BIP Counsels address this in a couple of ways, we actively teach at leading institutions, and we regularly write and publish.   Teaching forces you to keep up with a subject through research and preparation of course materials for smart and inquisitive students who will keep you on your toes.  We also manage one of the world’s top 10 IP publication’s, Intellepedia – IP News Center , where we actively write about IP matters and news.

     

    What advice would you like to give our readers?

    Your legal career is a marathon and I can guarantee you it will never go just as you planned.  Be flexible and open to new opportunities.  Remember the legal profession in India is still evolving, and the demand for qualified legal professionals is constantly increasing.  We have more options today beyond traditional practice.  Be open to in-house positions, LPOs, academia and others.  The first five years of your legal career should be dedicated to learning.  While a decent salary is very important please don’t make it your primary priority in choosing a job.  In the long run, the bosses and colleagues th

  • Roop Loomba, Co-founder and Managing Partner, Loomba Legal Services, on being General Counsel and her diverse experience

    Roop Loomba, Co-founder and Managing Partner, Loomba Legal Services, on being General Counsel and her diverse experience

    Roop graduated in law from Punjab University Campus Law School in 1999. She has over seventeen years of experience in Legal Operations encompassing Legal Strategy Planning, Litigation, Business Partnering, Compliances, Business Divestment, Integration, Demergers, Factory Compliances, etc. She is well versed with Civil, Criminal & Commercial Laws, Corporate Laws, Food Laws and Constitutional Law of India, Legal Metrology Laws, Labour Laws, Sales tax Laws, Competition Law etc. She holds the distinction of administering legal operations across the Indian sub-continent including South Asian countries Like Sri Lanka, Bangladesh, Nepal, and Bhutan.

    In this interview we speak to her about:

    • Her time at Castrol India Limited, HUL, and Philips Electronics.
    • Her role as General Counsel
    • Her experience thus far

    Given that most of our readers are law students, how would you introduce yourself to them?

    Hello, I am lawyer by passion and I was just like any other student in college or University having stars in the eyes and dreams to fulfill. I always dreamt of becoming a successful and a respected lawyer. If you have a dream you will automatically work to fulfill it. So dream big and work hard to redeem it.

     

    What motivated you to pursue a career in the legal field? Do you come from a family of lawyers?

    I found Law as the most enabling, liberating and powerful profession. I always wanted to pursue a degree which enabled me professionally and  which empowered me not to depend upon a job to fulfill my professional desires.This is the one of the few careers which enables you to become an entrepreneur in your field. This profession also empowers you to secure other’s rights and do justice to the society which is very satisfying. I belong to the family of first generation lawyers, so have been a self starter and self driven.

     

    Can you share some memorable experiences from you time at law school?

    In our time, unlike these days, we did not have any structured internships. Hence, this deprived us of true mentorship. I participated in moot courts as I liked to prepare legal  propositions and argue the case. After passing out of Department of Law, Panjab University, I joined a chamber of a criminal lawyer in Chandigarh. I learnt some basics of court procedure from him.

     

    What was your first job out of law school? 

    I started as a practising lawyer and I quickly became a standing counsel of four Government corporations. I thought that a successful practice is a combination of Government litigation as well as your private clients. However even though I came up on panel of four Government corporations I was given meager work as nobody reposed trust in me as a youngster, I was constantly denied opportunities. The more struggle I faced more determined I became. I represented some private clients at the High Court level and my arguments were appreciated. I started teaching the Police officers on IT laws and IPR Laws in Bureau of Police research and development. This made me learn a lot. This also enabled me to develop a never say die attitude. My biggest learning in the profession has been dream big, work hard towards your dream and never lose hope. On the professional side the learning is give the best even in a weak case. If your opposite lawyer is a seasoned lawyer without being arrogant never get over -awed by his presence and use your presence of mind, that really works in courts.

     

    Can you recall your first time appearing in court, or a time you have argued a significantly important matter? 

    I recall many such events. The first time I appeared in a court was before the Hon’ble High Court of Punjab and Haryana. It was my senior’s matter and a bail matter under NDPS Act. The moment I faced the Judge I got very nervous even though I had prepared the brief I got blank. It was only after two to three minutes that I regained my composure and my flow of words and started addressing the queries of the Hon’ble High court. The bail was granted and I was extremely happy.

    I remember two writ petitions that I argued. One was under article 14 of Constitution of India where I argued the concept of equity and good conscience before Hon’ble Mr. Justice JL Gupta. I also argued a matter under Representation of People’s Act, for lowering the voting age in local bodu elections from 21 years (it had still not been lowered) to eighteen years. The matter was listed before the Hon’ble first bench and since the election process had already started, the Hon’ble court declined to interfere, this is when I used my presence of mind and argued that the Hon’ble court may interfere prospectively and not retrospectively. There was a packed courtroom. The Hon’ble first bench very graciously agreed and issued a notice instead of dismissing the same. They also had a word of praise for me which propelled my courage and morale. When I stepped out of the courtroom many of my seniors and seasoned colleagues complimented me for displaying good advocacy and saving the case from dismissal.

     

    How did you secure an appointment with Castrol? 

    During my practice days I had also ventured successfully into IP practice as one of the verticals of my Law practice. It was during this time that my Delhi based cousin sent me an advertisement for an IP Lawyer in Castrol. The advertisement had been published in Ascent of Times of India. Initially I declined as I was very passionate about my own legal practice. However, I still decided to appear in the interview and I cleared it. There were close to eight rounds of interview in Delhi and Mumbai as I was the first woman who was being hired for this role which was considered as a challenging role as I was responsible for driving the anti counterfeit strategy in the North region. There are organized counterfeit gangs. It was not an easy role however I would like to highlight a strong support from my seniors which was instrumental in performing my role successfully. One more thing worth highlighting here is a strong support from the family. Both my parents gave me rock solid support during challenging times and my extended family in Delhi which consisted of my cousins never let my morale dip. During testing times one has a tendency to quit and go back as I was putting up alone in Delhi and my family was in Chandigarh. However I decided to hang in and after some time I saw a smooth road ahead.

     

    How did your appointment at Hindustan Unilever happen?

    My name was referred in HUL as a very informal conversation that happened between two erstwhile colleagues at the airport. Apparently HUL wanted to appoint a lawyer in IP for head office in Mumbai, and one of my colleagues in Castrol referred my name stating that here is a lady who is good in IP. I think my name was referred on Tuesday and I was called to HUL office in Gurgaon for an interview on Thursday of the same week. My interview was conducted by none other than Mr. Saswata Dhar. However unfortunately somehow even though I was liked by the interview panel and was about to be selected the position went on a hold for some time. I was really excited about joining HUL and had also informed my family of my decision of shifting to Mumbai. I got very demoralized and disillusioned. However sometimes things happen only at the time they are destined to happen. In October of the same year (2007) I again got a call from HUL and I was interviewed by the Regional Legal manager and the Executive director Legal and the offer letter was rolled out.

    Joining HUL was like going back to the University as the learning curve was very steep. My job involved assisting the Regional Legal Manager, overseeing close to nine factories for their compliances and litigation, support to the regional leadership team.

    I think working on few issues with Mr. Rajesh Bagga, Mr. Saswata Dhar, Shantanu Sinha was a great learning experience. I owe my knowledge in Labour Laws to Shantanu, my overall approach to work to Mr. Rajesh Bagga (I still remember his advice, “Do whatever you do to the best of your ability and leave your mark in your work, you will be proud of yourself when you work hard and gain knowledge and success.”). I owe my learning in marketing claims cases to Mr. Saswata Dhar. Working with these people was inspiring and which further lead me to try to adhere to their advice as far as possible. The big organisations have many complexities in work and equal challenges for an in-house counsel, you are expected to ensure enablement of business and at the same time compliance with Laws. Also you need to work with speed and accuracy, hence you need to be on top of things. You are also expected to lead the external lawyers and not to be lead by external lawyers. My aspiration to grow and gain exposure in different industries made me take a decision to move from HUL. However I am still in touch with my erstwhile seniors.

     

    How did you secure a position at Phillips?

    During your professional career you make a lot of friends. This can only happen if you mean well for others and have clear intentions. Also if you are good in your job, your reputation spreads. I got only one job in my career through a job consultant. All my other jobs have been through a word of mouth for my work and domain knowledge. I was referred by a friend in Philips. Joining Philips in 2011 was a liberating experience. I was responsible for giving support to their Consumer Lifestyle vertical of business. I was responsible for giving overall Legal advice to the sector, for their compliances, for integration of the newly acquired company down south. I was also introduced into making Government representations for amendment of Laws by my senior. I owe  lot to my senior who was heading legal department Mr. Rajiv Wani, for polishing my performance as a senior counsel.

     

    You were involved in a demerger of a major company. Can you describe this process and the challenges you faced?

    Demerger of business was a learning experience and it was highly complex. The entire exercise involved separation of close to ten thousand contracts, obtaining various licenses timely across states and ensuring the continuity of business. I was involved in Demerger along with other responsibilities and was handling other projects, negotiations also. It was a high pressure job. However the management was very generous in appreciating and recognizing my work.

     

    Can you tell our readers about the general nature of work and responsibilities of a general counsel? 

    (Roop has been listed in the Powerlist of top 100 General Counsel list by Legal 500 for India.)

    In today’s world a General Counsel is expected to wear different hats at different times. You are expected to play a diverse and vital strategic role as opposed to some years back where a General counsel was expected to play only a role of a Legal advisor. Apart from being a key legal advisor for the company, today a General counsel is expected to have a keen business knowledge and is expected to play a role of business enabler along with being strictly responsible for over compliances. A General Counsel is also a member of many corporate committees and is expected to drive many other business strategies apart from just being a legal person.

    To be a successful General counsel one needs to have a very good domain knowledge because if you have domain knowledge then you can speak with depth. You can have a good domain knowledge only if you read a lot . You need to be practical and have logic. You need to be a strong individual and not a people pleaser. A General Counsel should always have the ability to stand up for things. A good GC always thinks out of box and does not toe the line. Above all a good GC should not often be falling back for advice from external counsels but should have adequate domain knowledge to lead things himself/herself. Last but not the least a GC should be upright, ethical and a person of words.

    My advice to young lawyers is to develop good domain knowledge, have curiosity of mind, be strong in approach , upright, and have a clarity of thought and a fearless approach.

     

    What made you decide to take the path of being a general counsel as opposed to working in a law office? 

    I was more inclined towards a legal practice than taking up a job because I am a fiercely independent person. However, as in my initial days, I was struggling to get business in practice, I had to switch to jobs. However I do not regret the decision even once. I have learnt a lot from all the orgaisations that I worked for. I met some very wonderful people who had a very positive impact in shaping me into an good individual and a professional.

    When you do your own practice you need to be on top of things as there is never a second chance. In a job you may still get a third or fourth chance of survival. In a job you are driven by a company’s strategy. In your own practice you are more entrepreneurial in your approach and way more creative. As an in-house counsel you think more diversely and dynamically than external lawyers to enable business. You clearly know where the business standpoint is coming from and you tend to understand business more.

     

    Did you ever consider pursuing higher education?

    If I was not employed with Castrol I was going to Glasgow for higher education. I think higher studies helps you to gain more knowledge. However, in my opinion, nothing can replace your learning on the job. Your professional career is steered to the extent of 80% by your on-the-job learning and only twenty percent by your higher education.

    However, each individual should exercise his free will in doing what he wants to do. No decision is bad, it is upon you to make your decision work. Only indecision is bad both for your health and for your career’s health. Always take a decision, own it and make it work.

     

    How do you remain updated with all the new developments in your fields of interest and practice?

    I have a very curious mind and unless I get into the root of a thing I just keep reading. For a lawyer curiosity of mind and reading habit keeps him updated. 

     

    Can you give our readers some advice on how they can improve the quality of their articles and generally increase their chances of getting published?

    I think one should be very structured in one’s thought when one starts writing. You can be structured in your thoughts if you have clarity of mind and thoughts. Hence, if you pick up any subject in law to write about, draw up a structure in your mind or a notebook, to ensure that one para logically flows from the other and there is no disconnect. Be objective and precise. It is all about clarity of expression and the rest is magic. Lastly, you must enjoy writing.

     

    What advice do you have for our readers who are primarily college students?

    I was also a student some years back, who came from Chandigarh without any formal experience, but I still made it. Key takeaways from my experience in life are be fearless in approach, clear in intentions with a good heart, never give up, there is always a smooth road after a road bump. Help others as always positive energy comes back to support you.

  • Nivedita Nivargi, Partner, Samvad Partners, on her current professional role, and her diverse experience

    Nivedita Nivargi, Partner, Samvad Partners, on her current professional role, and her diverse experience

    Nivedita is a 2004 pass out of ILS Law College at Pune. Nivedita also holds a diploma in Consumer Protection Law offered by the Institute of Advanced Legal Studies (IALS), undertaken as part of the ‘Towards Conscious Legal Education’ program. Nivedita started her career in law with Ashira Law, Bangalore. While at Ashira Law, she
    dealt with litigation related to consumer protection, negotiable instruments, family law, and commercial real estate as well as handling of general corporate matters. Nivedita joined Samvad Partners in April of 2006 (then known as Narasappa, Doraswamy & Raja) as the first associate and has been with the firm since then. Nivedita was one of the
    first set of associates to be elevated to partnership from within the firm. Her practice areas comprise corporate and commercial laws with focus on private equity, venture capital funding, mergers and acquisitions, joint ventures and general corporate advisory.

    In this interview we speak to her about:

    • Her time at law school
    • Her role at Samvad Partners
    • Striking a work-life balance

    How would you introduce yourself to our readers? 

    I am a lawyer based out of Bangalore, currently associated with Samvad Partners.  I do not belong to a family of lawyers and am a first-generation lawyer.  I am a fitness enthusiast and aspire to be a long-distance runner someday. I have also been a keen student of several forms of western and Indian classical dancing.     

     

    What motivated you to pursue law? 

    Although I come from a family of engineers, my family did not influence my choice of career and the decision to take up law was completely my own. During my formative years I always wanted to do something to help the under privileged and those without access to the legal system.  Therefore, my taking up of the formal study of law was in pursuance of this inclination.

    The time I spent at ILS was a memorable one.  During my five years there, I got an opportunity to meet and interact with people from different cultures and backgrounds, which played a significant role in broadening my outlook and perspective.

     

    Did you take up activities such as moots, debates and sports in law school? 

    While at ILS, I participated in several co-curricular cultural activities. I also took up part time employment with a direct marking associate of ICICI Finance to gain some work experience.  Though this was not entirely relevant (to the practice of law), it helped me inculcate discipline and good work ethics.     

     

    Can you share some memorable internship experiences with us? 

    During my time, internships were not a compulsory part of the curriculum. As such, my decisions relating to internships were guided to a large extent by the projects that were available and were of interest to me at that time. The internships that I took up were a good mix of corporate as well as NGO work.  One such memorable experience was of the time I volunteered to be part of the relief program conducted by Human Rights Law Network (HRLN), in Gujarat in the wake of the Bhuj earthquake. This was a special experience because it gave me an opportunity to undertake relief work at grassroots level.      

    The trend of increasing competition for internships is a good one, as it requires students to take internships seriously and make the most of the opportunity, with the objective of potentially securing pre-placement offers.     

     

    What were your areas of interest in law school? 

    At ILS, we did not have a specific comprehensive course on corporate laws as part of the curriculum.  As such, knowledge of various aspects of the practice of corporate laws was mostly gained through corporate internships. My aim was to gain an all-round experience of different fields of law in order for me to choose a definite career path.

      

    What was your first job after law school? 

    Immediately after graduating from ILS, I joined Ashira Law at Bangalore, primarily as a litigating lawyer, where I was also involved in some pro-bono matters and assisted in representing women in matrimonial disputes.  Apart from practising litigation, I got to deal with general corporate matters, which piqued my interest in corporate law. This gave me the impetus in giving corporate law a try and I really enjoyed it, finally leading to the shift. Since Ashira Law was a fairly new set-up at that point of time, I got the opportunity to be involved with not just client work and deliverables but also with aspects of office management.

     

    How did your appointment at Samvad Partners come about? 

    I joined Samvad Partners (then known as Narasappa, Doraswamy & Raja) in 2006 as the first associate, and have been with the firm ever since. I got the opportunity to work extensively with the founding partners of the firm and be mentored by them. I must say that this has contributed to a great extent in honing my skills as a lawyer and ingraining the core values of the firm in me. From the very beginning, there was a lot of emphasis placed on building a solid technical knowledge base which has benefited me a great deal.  I was also one amongst the first set of associates who were elevated to partnership from within the firm.  My journey at Samvad has been truly exciting and fulfilling.

     

    What is the nature of your work as a Partner at Samvad Partners? 

    My practice areas comprise corporate and commercial laws with a focus on private equity, venture capital funding, mergers and acquisitions, joint ventures and general corporate advisory.   

     

    What motivated you to pursue a diploma in Consumer Protection law? 

    The diploma in Consumer Protection Law was one of the several diploma courses offered by the Institute of Advanced Legal Studies (IALS) as part of the ‘Towards Conscious Legal Education’ program.  In addition to the regular degree course, I pursued this diploma course to add to my knowledge base and it certainly helped since I was also dealing with consumer protection matters while at Ashira Law.    

     

    What are your views on the importance and necessity of higher education? 

    In my view, higher education is important and helpful if one intends to pursue a career in academia or intends to work abroad.  While higher education provides one with a broader perspective, the flip side would be that one would lose out on additional practical work experience during the time they are pursing higher studies.  Therefore, the decision to pursue higher studies should be a well thought out one.  

       

    How do you maintain a work life balance?  

    I try and effectively manage my time between work, family and my other interests in order to maintain the desired work life balance. It also helps that Samvad provides an excellent support system and work flexibility, as that gives me the ability to organise my day and prioritise my tasks better.   

     

    How do you keep yourself updated with legal developments in the numerous areas of law you deal with on a daily basis?

    One needs to follow legal developments on a real time basis to be able to provide up to date and correct legal advice.  Luckily this is not too difficult to do, as most information is now available at the click of a button. I regularly check official websites relating to my practice areas to track any new developments in law.  I also follow a few publications/blogs which carry some excellent articles on topics relevant to corporate laws. At Samvad, we have knowledge building sessions every week, where we discuss specific topics relating to our various practice areas and those help a great deal in gaining knowledge.

     

    What are the qualities required to succeed in the field of corporate law and in major law firms? 

    In my view, climbing ranks in a major law firm is not the only path that everyone must necessarily follow.  It is important to chart your own path and create a niche for yourself. It helps to be in a place that values your contribution and also in turn contributes to your growth at a professional as well as at a personal level.  Whatever the chosen path may be, I believe there is no substitute for hard work, dedication and tenacity.

      

    What advice do you have for our readers who are primarily college students?

    I would advise students to make the most of their time at college and participate in as many co-curricular and extra-curricular activities as possible. Not only does this help in building a good CV, but also enables gaining of interesting life experiences and creation of potentially long lasting relationships.    

     

  • Mekhla Basu, Senior Compliance Counsel, Intel Technologies, on Regulatory Compliance, the importance of higher education, and her experience

    Mekhla Basu, Senior Compliance Counsel, Intel Technologies, on Regulatory Compliance, the importance of higher education, and her experience

    Mekhla Basu graduated in BSL LLB from I.L.S Law College under Pune University in 2005. She is a qualified legal & compliance professional and senior executive with experience in advising top multinationals on operating procedures & business practices for legal & compliance requirements in the Greater Asia Region. In her professional experience, Mekhla has proficiently provided corporate consultancy to management & board of directors in top multinational companies in her career spanning over a decade; has in-depth competence in anti-trust & competition law, Intellectual Property and cyber/ e-commerce laws, privacy & data security, labour & employment, alternate dispute resolution, corporate governance & ethical landscape,  risk mitigation and other complex legal issues applicable to multinational companies across industries like FMCG, Medical & Pharma and IT. Mekhla has been one of India’s youngest Regional GCs, and widely known in the industry for her core competence. Mekhla has also served as country Vice-Chair with Business Software Alliance (“BSA”) in a non-profit role.

    In this interview we speak to her about:

    • The Legal Compliance regime in India
    • Her time at Unilever, GE Healthcare, IBM, and Intel
    • Being one of the youngest General Counsels in the country

    Given that most of our readers are law students and young lawyers, how will you introduce yourself to them?

    I come from a family of business and engineering. In fact, I would like to point out that no one in my extended family has even studied, let alone practised, law. My interest in law started when I was very young. I come from a family of illustrated freedom fighters, including both my grandparents. Since childhood a sense of self respect, freedom and empathy towards human misery was instilled by my family and one of the ways they cleverly did that was by introducing me to reading, very early in life; in fact by the time I started school, I was already home taught to read. A voracious reader as a child, many of the inspiring characters, political thinkers, statesmen of the world were lawyers and I started viewing this profession as a noble one and one where I could help others by standing up for their rights.

    What was it that got you interested in the legal field?

    As I said earlier, my interest in the field of law was purely ideological. I had excellent grades in school, which had offered me an opportunity to pursue any stream – and at one point I did seriously consider studying medicine because psychiatry was another subject that intrigued me (and still does). I have always had a bit of a rebellious streak. In my generation, most bright young people with great grades were pursuing science. I had always loved reading, especially history, sociology, psychology and politics outside of my school curriculum, which had given me enough wisdom to conclude, even at a young age itself that one needs to pursue passion over trends. Even at the cost of criticism from my teachers and well-wishers I took up humanities with pure mathematics as my +2 subjects so I focus on what I want to do next- i.e. law. Through all this, I had unconditional support from my parents on the freedom of choice!

     

    How was your experience in law school? Do you think law school prepared you for the real world practice of law? 

    My five years in law school was a rewarding experience; partly due to the fact that my education was self-propelled, partly because I had excellent school mates with gifted and curious minds. Debating with class mates over a cup of tea at the famous ILS canteen, or even seniors on jurisprudence was one of our favourite ways to pass time We had very good faculty as well; I still remember Mrs. Jathal and Mrs. Bhadbade who were iconic figures. It was a pleasure attending their classes. However, legal education in India is very theory centric and nothing prepares you for the fast paced, psychotic, dynamic business environment, especially as an in-house counsel that you find yourself landed in, few years hence. I must say however, internships, really help. My interest in extra-curricular was more inclined to human –rights and I had spent a couple of months doing volunteering work during the Gujrat riots, in the violence stricken city of Ahmedabad, especially helping women victims of heinous crimes find their legal rights. As a young adult, this volunteering experience propelled me toward accepting the real, politically tumultuous world we live in. I have also written extensively in books relating to the subjects of women’s rights and violence against women.

     

    What were your areas of interest in law school? How did you recognise and cultivate such interests?

    My top interest were women’s rights, intellectual property and governance related issues. All of the fields, I have had the good fortune to work in real time. I developed interest in these fields through reading, mostly and they being intrinsic subjects of relevance and interest.

     

    What are your views about the importance of higher education?  

    I have considered higher studies and to be honest I still am considering. Nothing replaces the power of education and exposure to fellow brilliant minds. My suggestion will be, even though you have scholarship merit or have the means to rely on parental resources—hold-off your masters as long as you can, till you are sure about your interest in the field of law. Also, once you acquire extensive work experience, it is not necessary that an LLM will continue to interest you—getting a degree in management or finance or strategy/ leadership or even risk mitigations are all great avenues for future growth and brand building. Do this outside of India, if you can. Exposure to a foreign culture opens your mind, beyond means you can imagine. Most students use LLM degree to get the ideal job at a mid-career level. Trust me, if you are that lethal combination diligence, resilience and brilliance, you will land great jobs with great companies, anyway. Rather use your PG/ Ph.D or M.Phil degree to enhance your career and the brand you!

     

    What was your first job after college and how did you secure it? 

    My first job after college was with the biggest IP law firm in the country. I had a fabulous boss who was a senior associate. She taught me the importance of having an eye for detail—the single most important skill that can be acquired through practice and this helps me in my day to day job.

     

    Do you recall your first time appearing in court?

    There is no end to preparation when it comes to Court appearances. Standing real time, in front of a judge, for a complex IP matter with an equally intimidating oppositing counsel had given me butterflies. However, once I appeared and started arguing my case, my confidence came back—thank god to the power of a thorough homework and doing a lot of research on the client’s business!

     

    What caused you to move to being an in house counsel from working at a law office? 

    Frankly, I found the experience in law firms a bit limiting and political. Not to criticise anyone, I had excellent mentors in the law firms I had worked and they are still my close friends and confidants in personal/ professional life. I am talking more about the general culture of insecurity and politics and the lack of abject professional attitude with which Indian firms operate. I am extremely to the point and objective by nature who appreciates & deserves fast tracked growth and real accountability—this is where the decision to switch to a multi-national company occurred.

     

    How did your appointment at Unilever happen? 

    This is an interesting story that reiterates the power of networking—which I am normally very bad at. I had applied to Unilever way back in 2006 but no suitable opportunities were offered. Incidentally, my college mate’s family friend was a senior legal Director in Unilever and during one of my work visits to Mumbai, I went across to meet him. I believe he was very impressed and encouraged me to apply again. I did so after six months, in 2007 in a suitable opening and was called for an interview. I went through five rounds of interview, including one with Executive Director, Legal and was able to impress the senior panelists with my pragmatic sense and foundations of first principles. I was being interviewed for a position in the branch office but post the interview, was told that I will be joining the head office directly, in super interesting newly created role– that of a marketing lawyer. That started my life long journey of being a generalist with an inclination for cutting edge legal issues like competition, privacy, advertising disputes and high value transaction negotiations. Ten years ago, these were very niche fields and very little to fall back on, but I’m truly glad about the trust Unilever reposed on me and having met some fantastic mentors like Mr. Rajesh Bagga and Mr. Saswat Dhar who are almost institutions in the legal fraternity. It goes a long way, when you learn from the best minds.

    How did you secure a position at GE Healthcare? 

    Except for Unilever, in all my jobs, I have been head-hunted. For a personal reason, I needed to move to Bangalore from Mumbai. It was a risk, but one worth taking, hence I took it anyway. Healthcare as an industry is highly regulated and especially in GE the Healthcare division had several sub-divisions like equipment manufacturing, life science, pharma and health care technology. Each of these divisions had their own regulatory as well as ethical challenges and a tight-rope walking to manage the compliance as well as business profitability is a huge challenge for any lawyer in the health care segment.

     

    How did you secure a position with IBM? 

    Through a leading head-hunter in Asia. This was my first role as a Compliance Officer and the switch I made from a General Counsel to a compliance role. Idealistic, as it may sound, I was tired of making money for the corporations I worked for. I wanted to do something more- make a real difference. Not by doing something drastic like taking up activism, but creating value in the corporate world itself. The role of a Compliance Officer, offers an individual that ability. Just as the nomenclature suggests, appointment as IBM’s Trust and Compliance Officer, made me responsible for the overall ethical and cultural compliance of the company employing over 100,000 people in India alone. Subject area wise, my realm was good governance; anti-corruption; anti-money laundering; employee best practices; in-house forensic investigations and risk identification, analysis and mitigation. As part of the management team, a Compliance Officer has a voice on how to run the company and ensures good governance. There is as much power in this role as there is responsibility.

    Could you tell us how your appointment with Intel happened?

    My appointment with Intel as Intel’s South East Asia Compliance Officer happened earlier this year- again through a head-hunter. In addition to my portfolio in IBM, at Intel, I am responsible for good governance and anti-competition compliance in over 16 countries of operation. The first and foremost challenge is of course- logistical- working across the different time zones, tele-commuting to maximise presence in all the different country’s management teams and establish oneself as a credible leader in Asia. Next, of course, are the differences in legal structure—while a Singapore is very sophisticated and compliant, we have India and Vietnam that are perceived to be corrupt and chaotic markets. Third and the most significant one are the cultural differences that one needs to be mindful of-  not just in the Company but also the eco-system for eg. re-sellers, vendor, distributors partners etc.

     

    What do you find interesting about Compliance and what are the top compliance concerns in India? 

    Let’s cut a long story short; a company will not go out of operation if there is a mistake in a transaction or if they lose a case in the Court of law, they might go out of operation however, if the employee or even a vendor pays a bribe. We are living in an age where adherence to compliance is increasingly under scrutiny—it helps companies build and retain their brand value, ensures business sustainability and looks after share-holders interest, not only in the country of operation but globally. In the last few years, how many names of companies have you heard that have come under the scrutiny of regulators for unfair business practices, insider trading, unduly influencing Government stakeholders.  Many companies are recruiting top talents from the legal field to join as their chief compliance officer. As a compliance officer, you are acting more like a lawyer to the legal team, a senior executive responsible for the operation of the company at par with CFO or the COO. There is a misconception that compliance is boring, in fact it is exactly the opposite. In how many departments will you get the opportunity to conduct legal and forensic investigations to come to a root of the matter. My advise to young students will be that you consider this field, after a few years into the profession. You cannot however become a good compliance officer unless you are a brilliant lawyer.

    In India there are several compliance related issues that keep me awake at night. Recruiting and integrating lateral hires, into the culture of the company and setting expectations of right conduct. Balancing immense business pressure with ethical demands, is another. Working with third parties who represent the company in the market; expecting them to and ensuring they follow similar ethical standard is a big challenge. Last but not the least, ensuring that there is right tone from top management level and example setting is yet another.

    If I were to list in order of priority, top MNC Tech companies are plagued with privacy and sovereignty of data issue. Along with that comes the challenge to structure innovative distributorship and resell channels, given our burgeoning anti-trust legislation. Many companies hire contract workers, management of contractual workers is also a big issue to be watchful about. Last but not the least, our taxation system is complex and requires much time and resource to manage and simplify.

     

    How do you stay up to date about the recent developments in all the fields you work in and have an interest in? 

    Read, read, read. Nothing replaces the power of reading and constantly updating what is happening around the world. There is a new trend in the industry to attend several conferences and even at times be a part of panel discussions etc—personally I find that less rewarding and overtly generalised. These days, the largest and the most powerful companies are one that have big data, so imagine what a difference big data can make to personal skills.

    Having said that, in today’s time there is just too much to read and it is important to stream-line one’s interest or goals. But above all, what is happening around the world politically or socially is also strongly connected to the changes in legal field. An example- Brexit is a truth of our generation, can we then delve deep to understand what will be the future of merger control laws? Similarly, if one has an interest—what are the legal implications of self-driven vehicles? There is just too much out there- my suggestion would be to choose your topic in line with your interest and deep dive– this will continue to reward you personally and professionally.

     

    Can you give our readers some advice that would help them improve their chances of getting published?

    The only advise I have for students or young lawyers when you are looking at publishing is treat your subject like a university dissertation. Three things should come across very clearly- The exact moot point, the analysis- both for and against and a clear, objective conclusion. I read so many article that are pointless and worse still, generic. Please remember, through your article, you are showcasing your intellect and the last thing you want is to show-case is a generic mind. These days there are multiple venues of publications—many online forums. I’m extremely critical about choosing the right medium. Also, if writing is your passion, don’t wait for a forum, start your own legal blog.

     

    How is being a general counsel different from working in a law office? 

    (Mekhla has been one of India’s youngest General Counsels.)

    Thank you and yes I do feel immensely fortunate in my career to reach an apex point at a young age. I truly believe- you do not need gray hair to show your gray cells. In this entrepreneur and start-up driven world, boards are full of twenty and 30 somethings and it is time large corporations recognise that and value millennials for what they bring to the table- passion, empathy, collaboration, critical thinking, ability to ask probing questions and cultural navigability.

    I get asked this question very often- what makes a successful general counsel and there are no top 5 or 10 qualities. It is, in fact, an amalgamation of a few. A GC should be a fast thinker and a good listener. A GC should have the fragile balance of empathy and assertion. It is important for a young GC to establish quick credibility and in this case, there is no replacement for hard work. I read somewhere, that an average CEO reads 60 books a year—a GC should read more and be totally abreast of legal, social, financial and political issues. I have spoken about eye for detail earlier, this needs to constantly worked on—be that Sherlock Holmes you always wanted to be- your role as an in-house counsel offers you the unique opportunity to be that!

    All these great qualities however are of no use without a reasonable and balanced mind- give yourself regular breaks, spend time with people you value and care and create your own board of directors and supporters within and outside the organisation, who not only vouch for you professionally but as a good person; as a good leader. Look out for your team- they are your family.

    Be kind and be brave.

     

    What advice do you have for our readers who are primarily college students?

    This may sound professorial, but please constantly self-actualise to see what drives you. Is it the adrenaline rush to appear before court, the sense of fulfilment to stand up for the underprivileged or the fast paced, action packed life of the corporate world. Please experiment and please switch, if it does not suit your personality and aptitude. It is a given that most law students will have an above-average IQ, but do not ignore your building on your EQ. Do as much internships as possible and please do not cast your mind in stone- be adaptable. Please remember, in the end, you will be known for the difference you make in the world and not what your first take-home salary was.   

  • Gaurav Vutts, Regional Legal Manager, Hindustan Unilever Limited, on being In-House Counsel, his time at law school, and his diverse experience

    Gaurav Vutts, Regional Legal Manager, Hindustan Unilever Limited, on being In-House Counsel, his time at law school, and his diverse experience

    Gaurav Vutts graduated in law from Delhi University, batch of 2003. Gaurav is presently working as Regional Legal Manager at Hindustan Unilever Limited and leads the East Region since January 2016. His in house experience includes Intellectual Property litigation, Brand Protection, Regulatory Compliances and leading the East Region as Regional Legal Manager. He has also previously worked as Criminal Lawyer specializing in Criminal Corporate advisory, appearing before Apex Court, High Court and Trial Courts. He had joined Hindustan Unilever Limited in Year 2011, supporting the Supply chain Legal, Reality and eventually led the subsidiary company Lakme Lever Private Limited and specialized in Franchising related advisory, IPR and Regulatory compliances.

    In this interview, we speak to him about:

    • His early life from Poultry Farmer to Lawyer to In house Counsel
    • His role at HUL
    • His experience in Criminal Law, IPR and related regulatory compliances

     

    Tell us a little about your early days, schooling and graduation.

    Since my father was a defence officer I studied in KV School all my life. There I interacted with people from every walk of life. Post schooling I joined the Maharajas College, Jaipur and passed out with BSC. After my graduation I appeared for UPSC and RPSC exams and spent considerable time reading about history of India, Economics, Geography, Public Administration. To fend myself I also was running small scale business of poultry farm at Jaipur where I had approximate 10,000 birds. Here I labored hard in the farm not only feeding birds but planting trees in the farm, plating green grass and doing masonry. I was involved in doing all the kinds of labour which a common man does, like building roads, making concrete walls, making the sheds for poultry farm. It is these tenets of life which made me think that I must read and practise law. My younger brother was instrumental in making a lawyer from a poultry farmer.

     

    Tell us a little about your days in law school.

    The days in law school (in Delhi) gave me hands-on experience and exposure to diversity in culture, inclusiveness, collaboration and leadership. For our livelihood, we had to fend for ourselves including arranging for accommodation. During the law faculty days I stayed at Air Force Hostel located at Subroto Park New Delhi. It was a tremendous time where in the afternoon I use to attend the Law faculty and at night I used to work with GE Capital Services Limited as Process Associate located at Gurgaon. It was a dream time where I used to work twenty hours a day. Nine hours I used to work at the call center, the sleep for four hours in the morning, then attend classes in the afternoon. Apart from this, I also interned with Mr. Som Mandal, Fox Mandal and Co., Mr. Rajan Narain at Global Legal Associates. It’s here that I started to see the Supreme Court, High Court, Trial Court and Labour Law Tribunals. I used to sit through conferences with clients and lawyers and assist in marking pages, taking out case laws and even typing plaints, petitions, delivering briefs to courts, attending the courts and monitoring the court room board for item numbers.

     

    How important are grades, in your opinion?

    For me, grades are not important at all. What matters is hard work and honesty towards reading the law and understanding the subject.

    What subjects did you take particular interest in during your law school days?

    As a law student, Jurisprudence, Criminal Law, Constitution, Contracts, Arbitration and Procedural Codes fascinated me. I feel these subjects form the basis of a lawyer’s spirit. These form the first principles.

     

    Who was your mentor, or main source of inspiration who motivated you all along the way?

    Personally speaking, I had many mentors. I will just name them. During my law college days I attended the Raj Anand Moot Court as my younger brother Vaibhav Vutts was interning under Mr. Pravin Anand. I was impressed to see Mr. Arun Jaitley and Mr. Pravin Anand. I was in literal awe to see them. Later I became a member of the law faculty body called Students for the Promotion on International Law and further got a chance to meet these mentors. In law firms I was mentored by Mr. Raian Karanjawala who is again one of my greatest mentors till today. I also got to work with Mr. Siddharth Luthra, Senior Advocate, as briefing counsel and briefed him in countless criminal matters. I spent nights in his chamber to study law and give the ideal summary of the case to him in morning. Till today I am mentored by him. Apart from this I have had many individuals who have inspired me over the years like Mr. Gopal Subramanium, Senior Advocate; my father, Wing Commander Sunil Kumar Lal, ex-Indian Air Force Pilot; my younger brother Vaibhav Vutts, Advocate, who runs a law firm called Vutts & Associates; my wife Priyanka Vutts, among others, are true inspirational people to me. I was truly inspired by many great senior advocates during my briefing days and travelling with them outstation for cases with Mr. KTS Tulsi, Mr. Harish Salve, Late Mr. GS Sanghi, Mr. Ram Jethmalani.  In fact, I find inspiration even from my litigating lawyers located at every nook and corner of India stretching from South to North, East to west. They give me unquantifiable passion to read and lead.

     

    What kind of internships did you engage in during your student years?

    It is very important that a law student interns with lawyers. It makes his foundation strong. I interned with Fox Mandal and Co. and Global Legal Associates managed by Mr. Rajan Narain. It is here where I got true vibes of litigation. I was truly lucky to undertake an internship in these places.

     

    How did you develop this keen interest in criminal law and in legal advisory?

    I always had the real time craving to know the basics of all sects of law. Be it Contracts, Constitution, Jurisprudence, Legislative Drafting, Criminal law, Procedural law, etc. The constitution is the mother of all laws. It is the founding spirit for any legislation. All enactments flow out of it and merge in it. During my internship days and practice days I saw the sense of humanity in resolving criminal cases, making an innocent person get his rights in a court of law, a stimulating subject which is par excellence when it comes to human conscience, irrespective of money you make. This is a true humanitarian service, I believe. The good reading of Constitution of India made me realize how intricate criminal law is and it enchanted me more and more. Once I joined Mr. Karanjawala’s office, fate gave me a pillar to handle criminal law as he allocated the criminal department to me with a few senior lawyers in the firm. I appeared in all criminal law forums located across India and the turn-around was that in three nights, I appeared from Trial Court, to High Court and then to Supreme Court. I also learnt that IPR rights can be protected under the realm of law of crimes. In my in-house advisory I still lead when it comes to cracking my numbers in litigation and resolving intricate litigations under me.

     

    Please give our readers some insights on the leading Indian firms dealing in Criminal Law, IPR Law, and your recommendations for where and how to secure internships.

    There are quite a number of top quality criminal law firms dealing in corporate liabilities like Amarchand, AZB, Karanjawala and Co.

     

    Tell us about your work experience at Hindustan Unilever Limited as Regional Legal Manager and at Lakme Lever Private Limited.

    At the starting of 2011 I joined HUL as Assistant Manager-Legal, assisting the Supply Chain, Real Estate. It was a great learning curve for me. Here I learnt what leadership is and how important is governance. I got to work on some mega realty projects for the company and prepare legal documentation for the same in advisory with law firm. It’s here that my talent to align with lawyers played a great success and yielded dividends to the company. I got to work on heavy stake matters and stood victorious in them. After a brief stint, I worked with Lakme Lever Private Limited as legal Head. From deputing a young dynamic team, advising the business from part A to Z on nuances of law, and setting up the legal process, it was an amazing journey for me. I got to work with a real talented team there. I was thereafter given the eastern region of the company and it is here that I got to work on mega projects, deliver advisory to business and governance. It is one of the most rewarding experiences I have had so far intellectually as in house counsel. Seven years of legal practice and close to seven years of in house practice has made me a full-fledged legal personality now with fair knowledge to address any kind of legal issue/ advisory. Needless to state, you will still remain a student of law till the end.

     

    What general advice would you give our readers who aspire to stay at the top of their legal game?

    My view is very simple. Read more, research more, read the complete case laws and relevant enactments, work hard and be meticulous to facts of the case. Don’t draw inferences to attract immediate audiences to market yourselves by just reading some tit bits of legal provisions and gain part time popularity which may stand to your victory for few years but you will miserably fail to mentor young people, and not grow. Read the essence, pith and substance of law. This will make you a true lawyer and legal expert and a true mentor for people seeing you. The profession of law requires real time hard work and patience. Until the person does not do above aspects, he rusts gradually and fades away. Money will come as it’s a byproduct of excellence but for a lawyer the most essential building block is to mentor his immediate juniors too.

     

  • Murtaza Chherawala, Partner, CNS Juris, on starting his own firm, working with the differently abled, and his diverse experience

    Murtaza Chherawala, Partner, CNS Juris, on starting his own firm, working with the differently abled, and his diverse experience

    Murtaza Chherawala graduated from Symbiosis Law School, Pune, in 2002. Prior to that, he held a degree in Commerce from Poona College. After successful stints with Supreme Caterers and Manas Resorts, and Surana & Surana Interntional Attorneys, he founded his own firm, CNS Juris.  CNS Juris is a law firm in Pune, practicing in the areas of Court Litigation, Dispute Resolution, Corporate & Commercial Laws, International Laws, Intellectual Property Laws, Property Laws and Land Laws.

    In this interview we speak to him about:

    • His time at law school
    • His experience with CA firms
    • Founding his own firm

    How would you introduce yourself to our readers? 

    I am a simple person and believe that commitment, quality and ethics are at the heart of all success stories. The legal field was not my first choice of career. In fact, I took up law as a back-up plan and to gain supplementary knowledge while I studied for Chartered Accountancy. My true interest and love for Law developed only after I started practicing, first with a law firm and then independently. I realized that there is no other profession which provides such close and diverse exposure to real life situations and people.

     

    How was your experience at law school? 

    I was trying to balance a full-time job with attending lectures. I was fortunate that Dr. Mrinal Raste and Dr. C J Rawandale, my faculty at Law school, accommodated and supported me. With such a tough schedule, extra-curricular activities were not an option for me. Also, legal education was not as dynamic then and opportunities were limited. Today though, I believe that if circumstances permit, students should participate in as many moots, debates and surely pursue some sport, to develop into well-rounded, confident individuals.

     

    What are your views on the importance and necessity of higher education? 

    Higher education and more importantly quality higher education gives an edge to new job seekers over graduates. In my opinion, one should pursue higher education after a few years of work. A Masters course should be approached like a research adventure for acquiring higher knowledge, rather than to acquire one more qualification for job prospects.

     

    What was your first job after law school? What lessons did it teach you?

    My first job after law school was at Surana and Surana International Attorneys, at Chennai. I learnt drafting, court craft, use of legal research software and many aspects of legal practice. I learnt how to find solutions, when none were readily available. I discovered how to handle my colleagues, both junior and senior, in a professional manner. I understood the nature of work in various departments of law and also how a law-firm worked. Most importantly, I developed my own unique vision of establishing a successful and ethical law-firm.

    How did you secure an appointment at Surana & Surana? 

    I was selected by Surana and Surana through campus interviews at Symbiosis. Initially I handled all the banking and consumer cases, in the Court litigation department. After about two years, I moved to Land & Property deals and also did work relating to Corporate laws. Alongside, I did a lot of research relating to many other areas of law and continued to enrich my knowledge base and skills.

    I missed the cosmopolitan and secular environment of Pune. My family, friends and networks were in Pune, I had a vision to fulfill and so, as Paulo Coelho said, “When you want something, all the universe conspires in helping you to achieve it.”

     

    Can you recall the first time you appeared in a significant matter in court? 

    My first major argument is still my most memorable one. I was only 29 years old and was facing a 72 year old designated senior lawyer, in a Rs. 5.5 Cr. case before the Debts Recovery Appellate Tribunal, Chennai. I was representing a borrower against a bank, which is undoubtedly an uphill task. I had clocked about 200 + hours of research for this argument. The final order was a favourable one and the Bank lost the entire amount, which is quite rare in banking cases. After the argument and the order being passed immediately in Court, several Advocates walked up to me and congratulated me in the courtroom itself. The Hon’ble Judge also applauded me in the open court and announced to all the Advocates, “Court wars are fought in libraries, not in courtrooms”. This was also my first reported judgement. Basking in the glory of the moment, I could barely work for the next three days.

     

    You have worked extensively with firms specialising in chartered accountancy. Can you tell us about this field and the nature of work?

    A lot of what Chartered Accountants do is related to applying the laws set out for accounting, taxation and statutory compliances and reporting the violations thereof. Just like a Lawyer, a Chartered Accountant is also exposed to multiple businesses and develops the acumen to resolve complex business challenges.

    During my Articleship, I enjoyed Systems Audits and Management Audits, since these Audits focus on the macro-level challenges of an organisation. My work experience with Chartered Accountancy firms equipped me to handle legal matters involving intricate financial transactions.

     

    What motivated you to found CNS Juris? 

    After shifting to Pune in 2005, I wanted to start my own practise, since I had already worked for over fourteen years in different organisations. I had already visualized the kind of organisation I wanted to build and had a concrete plan in place.

    Originally, my firm started as Chherawala and Associates and evolved to become CNS Juris, with the inclusion of one Partner during 2010 and another during 2014. Currently, we practice in the areas of Civil & Criminal Court Litigation, Corporate Laws, Land & Property Laws and Intellectual Property Laws.

    We faced all the challenges of a newly founded legal practise, the biggest one being organising the investment for growth of infrastructure. Every three years, our entire savings were pumped back into the organisation.

     

    Can you give our readers some tips on how to approach a moot court competition and how to become successful mooters ?

    (Murtaza has been a judge at a number of national and international moot court competitions, including Stetson and Jessup.)

    I am really amazed to see the kind of preparation, research and study done by the students participating in Moot courts. While the research and analytical skills of the participants are good, many a time the candidates lack presentation skills. Rehearsing the arguments with practicing lawyers would help Mooters to improve the language used, organise the flow of arguments and filter out the unnecessary points. Voice modulation, pauses and body language are also very important, not just in Moots but also in real life litigation.

     

    Do you think law school prepares students for the real world practice?

    Only a few select colleges like Symbiosis and National Law Schools prepare students for real world practice. Co-curricular activities like Mooting, Internships, Research and availability of Legal Technology can enhance the students’ preparedness for the rigours of real world practice.

    You are a founder of a free legal centre for the disabled. What motivated you to set this up? 

    In Chennai, I was associated with two NGOs working for legal awareness and action, in the area of Disability laws. After I came to Pune, I had some time and decided to take the work forward. We started to offer free legal aid to the disabled, under the cell named “Horizon”. The Commissioner of Disabilities for Maharashtra is also based in Pune, which was an additional advantage. We have fought a few Pro-bono cases and created awareness through participation in many Seminars and Conferences. Sensitization of students and practicing lawyers about the legal aspects relating to the differently abled (disabled) could go a long way. As of now, there is a lack of awareness about this area of law.

     

    What advice do you have for our readers who are primarily college students?

    Apart from the study of law, internships and additional qualifications, students must surely work harder on their soft skills. A decent level of expertise in Word, Excel, Power Point, Legal Research Software (at least two) and management software used by law firms are a must to start with. Your business communication, legal communication and behavioural skills shall finally decide whether you have an edge over others in this competitive environment. Also, if students are able to identify and decide their area of interest for future practice, they shall save a few years of experimentation and get a head-start in their career.

     

    What advise would you give fresh law graduates?

    It would be advisable for fresh law graduates to concentrate on enhancement of knowledge and quality of work, during their first five years of their career. Working with a mid-sized or large law-firm would be ideal for developing all-round skills and diverse experience, as they deal with a variety of clientele in multiple sectors.

    I sign off with, “When your Best fails to give you the desired results, you need to better your Best”.