Author: SuperLawyerTeam

“Embracing technology tools and resources, such as legal research platforms, case management software, and artificial intelligence applications, streamlines workflows and facilitates efficient information retrieval in diverse legal areas”- Ajinkya Patil, Senior Legal Counsel – Dentsu
This Interview has been published by Pragya Chandni and The SuperLawyer Team

Can you share a pivotal moment or experience from your early career that solidified your decision to pursue law as a profession?

My grandfather was a significant influence on my career path! He was a Prothonotary and Senior Master in the Bombay High Court. On summer vacations when I used to visit his place, he used to tell me how his day at work was like. Just seeing him get all decked up in crisp formals and a coat with his suitcase ready to go to work is what inspired me to pursue law. The discipline in life which comes along with it is just an icing on the cake.

You’ve had an extensive journey through various law firms and corporate positions. What motivated you to transition from law firms to corporate roles, and how did each experience shape your expertise?

Transitioning from law firms to corporate roles was motivated by a desire for a different perspective and new challenges in my career journey. Each experience has played a significant role in shaping my expertise in different ways. Starting in law firms provided me with a strong foundation in legal practice. In this environment, I honed essential skills such as legal research, writing, and advocacy. Working on diverse cases and projects allowed me to develop a broad understanding of various areas of law and learn to navigate complex legal issues efficiently. Additionally, collaborating with experienced attorneys and receiving mentorship helped me refine my approach to legal analysis and client representation. Also, as it is necessary to have a strong foundation before constructing a building, I always believed the law firm experience provides with that strong foundation and basics at the starting point of your career.

Transitioning to corporate roles offered a unique vantage point to apply my legal skills in a different context. In a corporate setting, I gained insights into the business side of legal matters, including contract negotiation, regulatory compliance, and risk management. Working closely with internal stakeholders, such as executives, department heads, and cross-functional teams, enhanced my ability to align legal strategies with organizational goals and priorities. Moreover, navigating corporate environments provided me with valuable experience in understanding the interplay between legal considerations and business objectives, fostering a more holistic approach to problem-solving.

Each experience, whether in law firms or corporate settings, has contributed to my growth as a legal professional.

With your background in handling litigation matters across different forums, could you highlight a particularly challenging case you managed and the strategies you employed to navigate it successfully?

I strongly believe that each case has its own complexities and challenges, and it cannot really be segregated to the most and the least challenging. However, one case which stands out particularly is an international arbitration before the Swiss Arbitration Centre. I chose this one not because of the complexities involved (though it was extremely complex) but considering that it was my first international arbitration involving a completely different process altogether. I had to collaborate with a top tier law firm of Geneva for assistance and working with their team was itself very challenging and at the same time a big learning experience. To navigate this case successfully, several key strategies were employed:
- The first step was conducting a comprehensive analysis of the facts, contracts, and applicable law. This involved reviewing extensive documentation, including contracts, emails, financial records, and other evidence, to gain a deep understanding of the case’s nuances and intricacies.
- Based on the analysis, a strategic litigation plan was devised to address the various legal and factual issues effectively. This plan involved identifying strengths and weaknesses in our position, anticipating opposing arguments, and formulating proactive strategies to mitigate risks and maximize favorable outcomes.
- Diligent Discovery: Given the complexity of the case, diligent discovery was crucial. This involved conducting thorough investigations, propounding targeted discovery requests, and strategically responding to discovery demands from opposing parties. Leveraging electronic discovery tools and expert assistance facilitated the efficient management of voluminous documents and data.
- Collaborative Approach: Collaboration with colleagues, experts, and clients played a pivotal role in the successful management of the case. Regular communication, teamwork, and coordination ensured that everyone involved was aligned with the litigation strategy and working towards common goals.
I will always remember this case as I got the opportunity to work with one of the best law firms in Geneva and in the process gained sight of their working ways and culture and made some lifelong contacts.

Your experience spans across diverse legal domains such as civil laws, corporate laws, real estate, and arbitration. How do you manage to stay updated and proficient in such a wide array of legal areas?

Staying updated and proficient across diverse legal domains requires a combination of ongoing learning, strategic focus, and effective resource management. My senior always used to tell me that ‘Reading’ is the key and that it is never enough and one has to keep reading more and more. This has stuck with me ever since and I make sure to take time to do that. It does not specifically mean that one has to read Law books and commentaries. A simple novel, newspaper, articles are enough. I prefer to categorize the reading process in the following manner.
- I prioritize continuous learning through various channels, including legal seminars, webinars, workshops, and professional development courses. These opportunities allow me to stay abreast of legal developments, emerging trends, and best practices across different practice areas.
- I dedicate time to conducting legal research regularly to stay informed about recent case law, statutory changes, and regulatory updates relevant to each legal domain. Leveraging online legal databases, scholarly journals, and reputable legal publications helps me access timely and accurate information.
- Engaging with colleagues, mentors, and legal professionals across different practice areas fosters knowledge sharing and collaboration. Participating in professional associations, bar committees, and industry forums provides valuable insights and perspectives from peers and experts in various legal fields.
- Embracing technology tools and resources, such as legal research platforms, case management software, and artificial intelligence applications, streamlines workflows and facilitates efficient information retrieval in diverse legal areas.
- Seeking guidance from experienced mentors and senior colleagues provides invaluable support and guidance in navigating complex legal issues and expanding expertise across different practice areas.
As someone who has held leadership positions, including leading teams and managing departments, what strategies do you employ to foster effective teamwork and collaboration within legal environments?

The teamwork and collaboration should not be restricted only within the legal team. The key in a corporate setting is to be a business enabler rather than just finding legal solutions to the problem. The first and foremost thing I tell the team is that working in the corporate sector is completely different from that of a law firm (from experience!) and the objective is to find a solution which is viable for the business and one which does not put the company exposed to any potential liability or conflict. I make sure to set up weekly catch-up calls with the business leaders and stakeholders just to discuss casual business and their expectations from the legal team. Likewise, acknowledging and celebrating team achievements (legal and business), both big and small and seeing failures as opportunities for learning and improvement help in the long run.

In your role as a legal professional, you’ve undoubtedly encountered complex contract negotiations. Can you share some insights into your approach to negotiating contracts and ensuring favorable outcomes for your organization?

Absolutely! Negotiating contracts can be intricate and demanding, requiring a blend of legal expertise, strategic thinking, and effective communication skills. Before entering into negotiations, conducting comprehensive research and analysis to fully understand the terms, conditions, and potential implications of the contract is important. This includes reviewing relevant laws and regulations, understanding industry standards, and gathering information about the other party’s preferences and priorities. Working closely with stakeholders to understand their objectives is equally important. Clear and concise communication is essential throughout the negotiation process. Effective communication helps build understanding and facilitates productive dialogue.

Given your involvement in Mergers and Acquisitions, could you discuss some of the key legal challenges you’ve faced in such transactions and how you navigated them to ensure compliance and success?

Certainly! Mergers and acquisitions (M&A) transactions present a plethora of legal challenges, ranging from regulatory compliance to contractual issues. Here are some key legal challenges I’ve encountered in M&A transactions, along with strategies for navigating them to ensure compliance and success:
1. Regulatory Compliance: One of the foremost challenges in M&A transactions is navigating the complex web of regulatory requirements and obtaining necessary approvals from regulatory authorities. This includes antitrust regulations, securities laws, foreign investment regulations, and industry-specific regulations.
2. Contractual Issues: M&A transactions involve negotiating and drafting numerous contracts and agreements, including purchase agreements, shareholder agreements, and employment contracts. Ensuring that these contracts accurately reflect the parties’ intentions, protect their respective interests, and comply with legal requirements is critical.
3. Intellectual Property (IP) Issues: IP considerations are often paramount in M&A transactions, particularly in technology-driven industries. Identifying and assessing the target company’s IP assets, including patents, trademarks, copyrights, and trade secrets, is crucial to evaluating the transaction’s value and mitigating risks.
4. Employment and Labor Law: M&A transactions can have significant implications for employees, including potential changes in employment terms, benefits, and job security. Ensuring compliance with employment and labor laws, including regulations governing layoffs, severance pay, and employee benefits, is essential to minimizing legal risks and maintaining positive employee relations.
5. Data Privacy and Security: In an increasingly digital world, data privacy and security considerations are critical in M&A transactions, particularly when handling sensitive personal or proprietary information. Ensuring compliance with data protection laws and regulations, such as the GDPR and CCPA, is essential to protecting both parties’ interests and mitigating potential legal and reputational risks.
By proactively addressing these and other legal challenges in M&A transactions, I aim to facilitate smooth and successful transactions that create value for all stakeholders involved while minimizing legal risks and ensuring compliance with applicable laws and regulations.

Drawing from your extensive experience, what advice would you offer to fresh law graduates stepping into the field today, especially regarding career growth and navigating the complexities of the legal profession?

For fresh law graduates entering the legal profession, here are some key pieces of advice to consider as you embark on your career journey:
1. Continuous Learning and Skill Development: The legal profession is constantly evolving, so it’s essential to prioritize continuous learning and skill development throughout your career. Stay updated on legal developments, industry trends, and emerging areas of law through ongoing education, professional development programs, and networking opportunities.
2. Seek Mentorship and Guidance: Find mentors within the legal profession who can offer guidance, support, and advice as you navigate the complexities of your career. Mentors can provide valuable insights, help you develop professionally, and offer perspective based on their own experiences in the field.
3. Embrace Technology and Innovation: Embrace technology and innovation as valuable tools for enhancing your legal practice. Stay abreast of advancements in legal technology, such as case management software, research tools, and e-discovery platforms, and leverage them to streamline your work processes, improve efficiency, and deliver greater value to your clients.
4. Cultivate Professionalism and Integrity: Uphold the highest standards of professionalism and integrity in all aspects of your legal practice. Adhere to ethical guidelines and codes of conduct, maintain confidentiality, and always act in the best interests of your clients while upholding the rule of law.
5. Develop a Strong Work Ethic and Resilience: The legal profession can be demanding and challenging, requiring perseverance, resilience, and a strong work ethic. Be prepared to put in the time and effort necessary to excel in your career, and don’t be deterred by setbacks or obstacles along the way.
6. Stay Flexible and Adapt to Change: The legal profession is dynamic and constantly evolving, so be prepared to adapt to change and embrace new opportunities as they arise. Stay flexible in your career trajectory, be open to new experiences and challenges, and seize opportunities for growth and advancement along the way.
Get in touch with Ajinkya Patil-
- LinkedIn
June 8, 2024
“Trust yourself the most and have the resilience and faith to shape your career based on your ambitions.” – Tanvi Khanna Agarwal, Founding Partner at TSM LEGAL
This interview has been published by Namrata Singh and The SuperLawyer Team

You’ve had an impressive journey from graduating at Symbiosis Law School to becoming a Founding Partner at TSM Legal. Could you share some insights into how you started your career and the pivotal moments that led you to where you are today?

I graduated in the year 2013 and that was the start of learning and understanding how business and legal go hand in hand to scale up an organization. I started working as a Legal Officer at Jyothy Labs. Like any fresh graduate out of college, I was very enthusiastic to start a job at such a well-known FMCG Manufacturing company. As a Legal Officer, I worked on several legal areas such as commercial contracts, intellectual property rights, employment laws and compliance. It was a great learning experience.

Even today, I still remember and keep in mind the things I learned while working at Jyothy Labs. The General Counsel at my time at JLL is still my mentor and I look up to him for guidance and solutions. Jyothy Labs is the place where I learned that maintaining long-lasting relationships with people is the most important thing, business and money are dynamic.

This was my main focus when I started TSM Legal in 2018; to help people forge stronger organizations, build relations, and grow together. Working as an in-house counsel, and then, consequently, in a law firm, helped me understand the gap in the industry. Start-ups and many other companies do not have their own legal teams and it is a challenge for them to avail quality yet affordable legal services. On the other hand many law firms are unable to act as an in-house counsel for a business without the necessary business background. TSM Legal was thus started with the mission to bridge this gap, where we provide affordable solutions being your “external in-house counsel” based on our seamless blend of legal and business knowledge.

Could you highlight some key learnings from your previous roles at companies like Tech Mahindra Limited and Legalogic Consulting that have significantly influenced your perspective as a legal professional?

My next job after Jyothy Labs was at LegaLogic Consulting in Pune. This was my first job as an external counsel at a law firm. For me, working in a company as an in-house counsel and working at a law firm are two sides of the same coin; the coin here being legal knowledge and an in-depth understanding of the business that you are supporting. However, just like two sides have different perspectives, I feel that the same is reflected in these two roles. Working at Legalogic was, perhaps, one of the most significant decisions of my life. I got to experience how a law firm functions, how roles are divided, and of course, not to forget, the urgent TATs! Nevertheless, I learned to work efficiently, quickly and manage timelines for different clients across time zones simultaneously, which is a very important trait for any external lawyer.

After working at LegaLogic for 2 years, I knew it was time to transition back to an in-house role, which is how I joined as a Legal Counsel at Tech Mahindra. Tech Mahindra was definitely a step up in my career and working here is an experience of a lifetime. I got the experience of working on high value deals across geographies. Working in a conglomerate, you have to understand the many facades of how a company is run. For me, this is where I learnt how to manage business expectations, facilitate a dialogue amongst all stakeholders (Because, trust me, there are a lot), and provide quick legal solutions to not hamper the revenue generation.

Given your extensive experience in dealing with marquee companies in sectors like information technology, e-commerce, and fintech, could you share some unique challenges you’ve encountered and how you navigated through them?

Running a law firm has been an incredible journey filled with unique challenges and marquee rewarding experiences. One of the toughest hurdles I encountered when I started TSM Legal was acquiring and retaining clients. Of course, I did have the support of some incredible people, and of course my family’s constant motivation.

By working with all kinds of clients- whether solo entrepreneurs, SMEs or MNCs and prioritizing quick and seamless closures of documents, I kept growing my network which expanded the trusted client base of the firm.

Another hurdle I encountered was making business owners/company management understand the importance of the legal function. It is said that ‘Legal is an Obstacle’, but that’s definitely not the case. This is arguably one of the most substantial aspects that will make or break a business. The firm tries to provide a suitable solution but not everyone is ready to take on the essential legal aspects that will protect their business in the long run. Hence, we need to ensure that all organizations and their owners understand the evident need of legal consultation to secure their interests.

Moreover, maintaining a harmonious work-life balance has emerged as a continuous challenge, while being the mother of a toddler at one hand as well as meeting the demands of a growing law practice and building a solid team. Despite these challenges, the journey of building and growing my law firm has been incredibly fulfilling, and I’m abundantly grateful each day for the lessons learnt along the way.

After completing your law degree, your first job was with Jyothy Laboratories. How did you decide that you wanted to pursue an in-house role, and what advice would you give to new entrants on choosing their career paths?

An in-house lawyer is multi-faceted and gets to experience and practice many areas of law without being limited to any one specialization. Specialization of course is important, but I believe diversification and learning about different practice areas is equally, if not more important, at the start of your career. This helps to understand in depth what skills are required to be a great lawyer (which I have covered in detail in the last question). As a fresher I got to understand how a big company/business operates, the ins and outs of finance, sales, marketing, compliances and what is expected from the legal team of the Company. As an in-house lawyer you are expected to facilitate quick closure of contracts to enable revenue generation, facilitate compliances and internal audits, while also ensuring that the Company’s legal rights are protected at every step.

In your opinion, what are the most significant legal challenges facing startups today, and how do you tailor your services to help them overcome these hurdles?

Startups today face a myriad of legal challenges that require tailored solutions for success. From safeguarding intellectual property to navigating complex regulatory landscapes, legal service providers play a critical role in helping startups overcome these hurdles. One of the initial challenges that Start-ups may face is ensuring that they enter into robust founding documents. Partnership agreements, founder’s agreements, shareholders’ agreements and such are crucial legal frameworks that define the foundation of any organization. Lack of such documents can create crucial problems in the future, at the time of funding or IPO. Another important aspect that the start-up owners fail to recognize is the presence of strong employment documents. These documents protect the intellectual property, client confidential information and ensure the employees and consultants of an organization adhere to their obligations.

By offering specialized expertise in areas such as intellectual property, employment laws, regulatory compliance, and contract negotiation, TSM LEGAL guides startups and even established companies through the intricacies of aggressively protecting their ventures. Additionally, providing startup-friendly pricing models, educational resources, regular newsletters and strategic business-friendly advice enables TSM LEGAL to support startups at every stage of their journey. By offering customized legal solutions and strategic guidance, we empower startups to navigate legal complexities effectively, mitigate risks, and achieve their business objectives while remaining compliant with applicable laws and regulations.

What role do you think corporate social responsibility (CSR) should play in the legal strategies of companies today, and how do you incorporate CSR considerations into your advisory work?

Incorporating corporate social responsibility (CSR) into the legal strategies of companies today is imperative for several compelling reasons. Firstly, CSR initiatives play a pivotal role in enhancing a company’s reputation and brand image by showcasing its dedication to ethical business practices, social causes, and environmental sustainability. This fosters increased customer loyalty, heightened employee engagement, and augmented investor confidence. Secondly, integrating CSR into legal strategies aids in risk management by mitigating the potential hazards associated with non-compliance with social, environmental, and ethical standards. Proactive engagement in CSR endeavors can minimize the likelihood of legal disputes, regulatory scrutiny, and reputational damage.

Moreover, addressing stakeholder expectations is crucial, as customers, employees, investors, and communities increasingly anticipate companies to address social and environmental issues beyond profit generation. Lastly, prioritizing CSR can confer a competitive advantage in the marketplace by differentiating companies from competitors, attracting top talent, and accessing new markets. Thus, integrating CSR into legal strategies not only enhances a company’s competitive positioning and market value but also promotes social progress and environmental stewardship. This integration involves various key approaches, including legal compliance and risk assessment, policy development and implementation, stakeholder engagement and collaboration, due diligence and supply chain management, etc. By embracing these approaches, companies can demonstrate their commitment to responsible business practices, elevate their reputation, and contribute meaningfully to sustainable development.

Outside of your legal career, what personal hobbies or interests do you pursue, and how do they contribute to your professional life?

I am really fond of reading- both fiction and non-fiction books. It really helps me expand my thinking capabilities, thereby making me more knowledgeable and confident. Apart from reading, I am a budding artist and have taken up Acrylic painting on canvas since the last 3 years. I am in the process of exploring new painting mediums as well. Painting provides me with the much needed break and peace of mind from work. It is like meditation for me, from the complexities of corporate work, just thinking about the colors and how they blend beautifully on the canvas to create a distinctive piece of art. Lastly, I love swimming as it gives me the stamina and discipline to juggle the various aspects of my life with precision- being a corporate lawyer and entrepreneur working odd hours to support my clients across geographies.

My hobbies of reading, painting, and swimming contribute to my professional life by promoting stress management, enhancing creativity and problem-solving skills, improving communication abilities, maintaining physical health, and fostering work-life balance.

Reflecting on your journey thus far, what valuable lessons or insights would you share with aspiring lawyers or entrepreneurs looking to make their mark in the legal industry?

I believe the most important lesson for any aspiring lawyer or entrepreneur is self-belief and the fait that you can move mountains. Trust yourself the most and have the resilience and faith to shape your career based on your ambitions.
- Develop Strong Communication Skills: Effective communication is fundamental to success in law. Aspiring lawyers should focus on honing their written and oral communication skills, including clarity, persuasiveness, and the ability to tailor their message to different audiences.
- Cultivate Critical Thinking and Analytical Skills: Law involves analyzing complex issues, identifying relevant facts, and applying legal principles to reach sound conclusions. Aspiring lawyers should practice critical thinking and analytical reasoning through activities like solving legal problems, engaging in debates, and reading case law.
- Develop Resilience and Adaptability: Legal practice can be challenging and unpredictable. Aspiring lawyers and entrepreneurs should cultivate resilience and adaptability to navigate setbacks, failures, and changes in circumstances. Developing a growth mindset and the ability to learn from setbacks is essential for long-term success in the legal profession.
- Develop Time Management and Organizational Skills: Legal practice often involves managing multiple tasks, deadlines, and priorities. Aspiring lawyers should develop effective time management and organizational skills to stay on top of their workload, meet deadlines, and maintain a healthy work-life balance.
- Cultivate Empathy and Interpersonal Skills: The ability to understand and empathize with clients, colleagues, and adversaries is crucial in the legal profession. Lawyers should cultivate strong interpersonal skills, including active listening, empathy, and conflict resolution, to build rapport, negotiate effectively, and resolve disputes.
- Stay True to Your Values and Passions: Finally, aspiring lawyers should pursue a legal career that aligns with their values, interests, and passions. Choosing a practice area that resonates with them and allows them to make a positive impact can lead to greater fulfillment and success in their legal careers.
By embracing these lessons, aspiring lawyers can lay a solid foundation for a successful and fulfilling career in the legal profession.

Get in touch with Tanvi Khanna Agarwal-
- LinkedIn
June 7, 2024
“Innovation and adaptability are indeed crucial in the legal profession, particularly in the field of Intellectual Property (IP) law”- Paridhi Tyagi, Former Associate Partner at Sim And San
This Interview has been published by Pragya Chandni and The SuperLawyer Team

Can you share with us how you initially became interested in pursuing a career in law, particularly in the field of Intellectual Property?

My inclination towards pursuing a career in law, particularly in Intellectual Property (IP) law developed through a combination of academic exposure, personal interests, and professional experiences.

During my academic journey, while studying Intellectual Property Rights (IPR) as a subject, I was always fascinated by how innovation and creativity drive progress in various fields, and I became particularly interested in how these creations could be protected and leveraged legally.

Moreover, my internship provided invaluable real-world exposure to IP issues. Engaging directly with trademark and copyright matters during this period not only equipped me with practical skills but also deepened my comprehension of the nuances of IP law.

In essence, my foray into IP law has been shaped by a trifecta of academic intrigue, hands-on experience, and a personal ardour for innovation and creativity. IP law uniquely amalgamates these passions, offering a vibrant avenue to contribute meaningfully to diverse industries by ensuring rightful recognition and protection for creators and inventors.

What were some of the pivotal moments or experiences during your early career that solidified your passion for Intellectual Property law?

Having a good mentor during the nascent stage of one’s career is imperative, and I consider myself incredibly fortunate to have had one. I was grateful to have a brilliant mentor early on in my career, Mr. Vikrant Rana, whose guidance was instrumental in shaping my career path and deepening my passion for Intellectual Property law.

Early on, I was entrusted with significant responsibilities, such as managing client portfolios and participating in strategic meetings. These experiences not only built my confidence but also reinforced my commitment to this field.

Moreover, I actively participated in various international conferences, including INTA, AIPPI, and APPA, and served as a committee member for INTA in 2019 and the present term. These conferences provided me with the opportunity to interact with industry experts and brilliant legal minds from across the globe. Engaging with the broader IP community during these events expanded my horizons and ignited my enthusiasm for making meaningful contributions to the field.

You’ve worked with a diverse range of clients over the past decade. Could you highlight some of the most challenging cases you’ve worked on and how you navigated them?

Over the past decade, I’ve had the privilege of working with a diverse range of clients in various industries. This experience has exposed me to several challenging cases that required innovative thinking and strategic problem-solving.

One particularly gratifying experience involved facilitating the seamless entry of a Fortune 500 company into the Indian market. This process was comprehensive and multifaceted, requiring meticulous due diligence to ensure a successful outcome. We began by conducting thorough market research to identify any potential conflicts with existing trademarks. This involved analyzing market trends, studying consumer behaviour, and assessing the competitive landscape to ensure our client’s brand would stand out without causing confusion.

Central to this process was the meticulous avoidance of market confusion. Extensive trademark searches and evaluations were conducted to affirm the distinctiveness and legality of our client’s brand, thereby pre-empting any legal disputes that might arise from similarities with existing trademarks.

A significant hurdle we encountered was navigating potential obstacles, notably third-party marks that could hinder our client’s market entry. To address this, we devised a strategic buy-out plan. We approached the holders of these third-party marks and successfully negotiated buy-out agreements, effectively removing any legal barriers and ensuring a clear path for our client’s brand.

In another instance, I managed a trademark dispute for a pharmaceutical company. The challenge here was the potential market confusion due to the similarity of our client’s trademark with that of a competitor. To address this, we conducted extensive market research and gathered evidence to demonstrate the distinctiveness of our client’s brand. Also worked on negotiating a settlement that included coexistence agreements, allowing both parties to continue using their respective trademarks without consumer confusion. This not only resolved the dispute amicably but also preserved our client’s market position.

In each of these cases, the key to navigating the challenges was a combination of deep technical knowledge, strategic legal thinking, and effective communication. Collaborating closely with clients to understand their needs and goals, leveraging expert insights, and maintaining a proactive and solution-oriented approach were crucial to achieving successful outcomes.

Innovation and adaptability are crucial in the legal profession, especially in IP law. How do you stay ahead of the curve and ensure your strategies remain effective in a constantly evolving landscape?

Innovation and adaptability are indeed crucial in the legal profession, particularly in the field of Intellectual Property (IP) law. I focus on several key areas:

· Continuous Learning and Professional Development: Staying updated through conferences, webinars, advanced courses, and leading IP law journals.

· Technological Proficiency: Embracing technology is essential in modern legal practice. I utilize advanced legal research tools and databases to conduct thorough and efficient research.

· Networking and Collaboration: Engaging with IP professionals through associations and forums for knowledge sharing and best practices.

· Client-Centric Approach: Understanding clients’ industries and anticipating their needs to tailor strategies and mitigate risks.

· Emerging Trends: Keeping an eye on emerging trends is vital for staying ahead. For instance, with the rise of digital technologies and artificial intelligence, new IP challenges and opportunities are constantly arising. I invest time in understanding these technologies and their legal implications, ensuring that I can provide informed and forward-thinking advice to my clients.

· Interdisciplinary Knowledge: IP law often intersects with other fields such as technology, business, and international law. I strive to broaden my knowledge base by studying related disciplines. This interdisciplinary approach allows me to address complex IP issues more effectively and to develop comprehensive strategies that consider various legal and business factors.

· Strategic Thinking and Innovation: Lastly, I regularly brainstorm to develop creative solutions to challenging legal issues. I also conduct post-case reviews to identify areas for improvement and to refine strategies continuously.

Can you describe a particular success story where your IP strategy significantly benefited a client? What were the key factors that led to this success?

Recently, I was involved in a comprehensive worldwide due diligence for a client who was acquiring a company primarily based on its intellectual property (IP) assets. During this process, we uncovered a significant discrepancy – a large portion of the IP assets were found to be invalid, which had a profound impact on the agreed amount for the sale and purchase of these assets.

The key factors that led to this success were thoroughness and diligence in conducting the due diligence process. We left no stone unturned in scrutinizing the IP portfolio of the target company, ensuring a meticulous examination of trademarks, copyrights, and other relevant IP assets across multiple jurisdictions.

Additionally, effective communication with the client was crucial. We kept them informed at every stage of the due diligence, discussing findings promptly and transparently. This allowed the client to make well-informed decisions based on accurate information, mitigating potential risks and maximizing the value of their investment.

Furthermore, our ability to adapt and strategize in response to unexpected findings played a pivotal role. Upon discovering the invalidity of a significant portion of the IP assets, we swiftly reevaluated the deal terms and renegotiated the purchase price, ensuring our client was protected from potential financial liabilities.

This experience underscores the importance of conducting thorough due diligence in IP transactions. By meticulously assessing the quality and validity of IP assets, we were able to safeguard our client’s interests and ensure a successful outcome despite encountering unforeseen challenges.

As an innovative thinker and adept communicator, how do you approach complex legal issues to make them understandable for your clients?

As an innovative thinker and adept communicator, I use several key strategies to make complex legal issues understandable for my clients:

· Simplifying Legal Jargon: I break down legal terminology into plain, everyday language to ensure clear and straightforward explanations.

· Using Analogies and Examples: Employing relatable analogies and examples helps convey complex legal concepts in a more concrete and understandable manner.

· Tailored Communication: I adapt my communication style to fit each client’s background and expertise, offering more straightforward explanations for those with less legal knowledge and deeper details for those with a legal or technical background.

· Step-by-Step Explanations: I break down complex issues into manageable steps, walking clients through each phase of the legal process and clarifying the significance and implications of each step.

· Active Listening and Engagement: I actively listen to clients’ concerns and questions, engaging in two-way dialogue to address confusion and ensure clients feel heard and understood.

· Written Summaries and Follow-Ups: Providing written summaries of discussions and next steps reinforces understanding, and I encourage clients to review and ask follow-up questions to maintain clarity on progress.

By combining these strategies, I ensure my clients understand their legal issues, feel confident, and make informed decisions. This approach builds trust and fosters a collaborative, transparent attorney-client relationship.

You’ve held various positions, from Senior Associate to Associate Partner. How has your role evolved over the years, and what have been some of the key lessons you’ve learned along the way?

In my career journey, I’ve seen significant role changes, progressing from Senior Associate to Associate Partner. This progression has been marked by a continuous pursuit of growth and learning, fuelled by my inherent love for hustling and the perpetual fire in my belly to improve every day. One of the key lessons I’ve learned is the importance of adaptability. As I moved up the ranks, I encountered diverse challenges that demanded flexible approaches and innovative solutions. Embracing change and being open to new ideas became essential traits that helped me navigate through various professional landscapes. Another vital lesson has been the significance of effective communication and relationship-building. As I assumed more leadership responsibilities, I realized the critical role that clear communication plays in fostering collaboration and driving success. Building strong relationships, both internally and externally, became instrumental in achieving organizational objectives and delivering value to clients.

What advice would you give to fresh law graduates who are considering a specialization in Intellectual Property law?

Begin by building a strong foundation in Intellectual Property (IP) law and understanding relevant statutes and regulations. Engage in networking opportunities, such as attending seminars and joining professional associations, to gain insights and advance your career. Seek practical experience through internships with IP law firms to gain hands-on exposure to real cases and client interactions.

Lastly, stay curious and hungry in your learning journey, adapting to new technologies and trends to succeed in this dynamic and interdisciplinary field. By staying curious and continuously seeking opportunities to learn and grow, fresh law graduates can position themselves for success in this rewarding and intellectually stimulating area of law.

Get in touch with Paridhi Tyagi-
- LinkedIn
June 6, 2024
“Spending hours in a counsel’s chamber helps you develop a unique relationship with each counsel, learn their craft, and eventually shape your own style of argument.” – Sanchari Chakroborty, Founder and Partner at SC&A Legal
This interview has been published by Namrata Singh and The SuperLawyer Team

Reflecting on your journey from your early days, could you share what inspired you to pursue a career in law? Additionally, what were some of the challenges you encountered during your initial days in the legal profession, and how did you overcome them to carve your path to success?

Looking back, I can’t claim to have been an exceptional student in school or college. I couldn’t take my studies very seriously and often missed classes due to chronic asthma. My long absence from classes owing to my health conditions made it challenging to keep up with my studies. As I grew older and my health improved, my academic focus increased.

I pursued humanities instead of science because of my health issues, and my parents never pressured me academically. Despite my humanities background, I always wanted to pursue a professional course. In 2004, during school counseling, I was introduced to the idea of a career in law. The growing importance of corporate law and the growing diverse role of lawyers made this path even more appealing.

Around 2004 and 2005, the changing landscape in the Indian industry and the shift in macroeconomics globally led me to consider law as a career. Furthermore my personal experiences with family legal issues highlighted the need for proper legal guidance and the challenges faced by the common man. This motivated me to specialize in litigation.

Starting my legal practice was challenging since I came from a family with no lawyers. I realized I had to actively seek opportunities rather than wait for them. I conducted research online to begin my journey. I listed around 10 to 15 law firms in Kolkata to approach driven by my anxiety before our final exams. Coming from a state university and with no guidance in this filed, starting a career in litigation can be befuddling.

Alarmed by the situation, I realized it was time to take action. I started knocking on the doors of various law firms, forwarding my CV, and requesting internship opportunities. Among the 14 to 15 firms I approached, one offered me a full-time internship for a month or two in the year 2009.

I wanted to start with District courts since most litigations in India take place there. I took two months of training in the district courts of West Bengal. In August or September of 2009, I secured an internship at Victor Moses & Co. a reputed law firm in Kolkata, where I would eventually spend seven years and assist the Senior-Most Partner, Mr. D.N.Mitra, who had been a great force behind me always.

The initial challenge, as a first-generation lawyer, was turning the internship into a job opportunity. It’s crucial for young interns to understand that internships are the chance to demonstrate interest, perseverance, and resilience. During my internship, I sought out work, often staying until 7:30 or 8:00 PM, sometimes even later. It was about becoming an integral part of the firm and getting involved in important projects. This approach turned my internship into an opportunity to work in that Firm.

As by litigation practice commenced, one of the most initial challenges we encountered revolved around timing. We had to attend late night conferences for the next day matters which often started at 10 .00 PM at the night and went on till late. The absence of modern conveniences such as Uber or Ola, coupled with the lack of a family vehicle, rendered late-night commutes a formidable task. Nevertheless, confronting these adversities served to fortify our resolve. Presently, the advent of technology and the prevalence of virtual conferences (VC) have considerably alleviated such difficulties. In fact Virtual Platform has become the norm today for late night conferences, however, during our time, such luxuries were non-existent, thereby instilling within us a profound appreciation for industriousness.

Carrying physical copies of briefs, sometimes 10 to 12 volumes, and multiple books was another challenge. Nowadays, an iPad can hold all the necessary documents, but back then, it wasn’t an option. But I feel these experiences made us tougher and erased any fear of hard work. The challenges we faced then make current tasks seem easier by comparison.

Another advantage of those early days was building unique relationships with each counsel and their juniors and clerks in the chambers. Spending hours in a counsel’s chamber allowed us to learn closely from their unique styles of argument and advocacy. This exposure to various schools of advocacy became a foundational stone for later success. It helped in developing my own skillset and the methods that my firm now uses in litigation.

The initial grind in the litigation industry is a preparation phase that tests resilience and determination, which are essential for surviving in a dispute resolution profession. Once you pass through this phase, it becomes a journey of continual progress.

As a member of various prestigious institutions like the Confederation of Indian Industry (CII) and Indian Women Network (IWN), how do you think being part of such networks has influenced your professional growth and the growth of SC&A Legal?

As a lawyer and the founder of a law firm specializing in commercial litigation, staying updated on emerging policies, industry news, and trends is crucial. We must also understand new rules, regulations, and their economic rationale to guide our clients proactively. The Confederation of Indian Industry (CII) plays a significant role, offering a platform for lawyers to engage with key stakeholders across various industries. CII organizes events, conferences, and seminars, facilitating meaningful discussions with business leaders, policymakers, and fellow professionals, which fosters collaboration and knowledge exchange. Additionally, CII’s research reports and policy advocacy efforts keep us informed about emerging trends, regulatory developments, and business opportunities. This enables us to better serve our clients and stay ahead in a dynamic business environment. CII has significantly contributed to our professional growth, helped SCA expand its client base, and kept us updated on industry-specific challenges and opportunities.

Furthermore, the Indian Women Network (IWN) wing of the CII has been instrumental in connecting me with inspiring women leaders who make exceptional contributions across various industries. As an entrepreneur, facing isolation in your growth path is common, and during such times, support from a community of motivators and inspirers is invaluable. Under the leadership of Sujata Guin, Senior VP of Apeejay Surrendra Park Hotels Limited, and Smita Chatterjee, CEO of Centreax, IWN is reaching new heights and positively influencing many lives.

SC&A Legal specializes in dispute resolution. How does your firm differentiate itself in this competitive landscape, and what unique strategies do you employ to ensure client satisfaction?

SC&A Legal believes that the first step in serving our clients is identifying potential disputes because litigation does not begin in the courtroom. It starts in your office, from the moment the seeds of litigation are sown, such as when you enter into a contract, a commercial transaction, or a deal. As specialists in commercial litigation, SC&A Legal’s uniqueness lies in our strategic partnership with clients. We advise them at every step, helping to build their case even when they haven’t yet identified the disputes. Our expertise and leadership in the industry allow us to recognize the early signs of potential conflicts.

The sooner you identify potential disputes or causes of action, the easier and more effectively you can resolve them. We do not view litigation as an end in itself but as one of many strategies to resolve disputes. Whether through conventional litigation, mediation, or arbitration, our goal is also to give you a stronger bargaining position and achieve better settlements or deals in commercial matters which can be resolved without always burdening the Courts or waiting for the entire litigation span to be over.

At SC&A, we prioritize complete transparency in our strategies. From day one, we plan the end game with our clients, providing clear information about timelines and costs. Our primary aim is to deliver cost-effective and timely resolutions to our clients’ disputes.

With offices in Kolkata, Delhi, and Bhubaneswar, how do you ensure seamless coordination and communication among your team members across different locations, especially in the context of complex legal cases?

I would like to express my gratitude for the advancements in technology and the global acceptance of video conferencing and virtual platforms, especially after COVID. This shift has greatly facilitated seamless handling and coordination among our three offices. Whether dealing with courts, clients, or councils, everyone has become increasingly comfortable with virtual platforms.

We have conducted numerous arbitrations across various forums and cities in India and abroad using these platforms. Even arbitrators are now more open to holding witness sessions virtually. The litigation industry has experienced significant benefits from technological growth, allowing lawyers to manage multiple offices, litigations, and dispute resolution projects with ease and complete coordination.

With your involvement in the Incorporated Law Society of Kolkata, how do you contribute to aspiring lawyers’ legal education and professional development? Are there any initiatives or mentorship programs you’re particularly passionate about?

As a member of the Incorporated Law Society of Kolkata, I actively participate in various initiatives aimed at enhancing legal education and professional development for aspiring lawyers. This involvement not only contributes to the growth of the legal community but also fulfills my passion for encouraging new talents to join the fields of litigation and dispute resolution.

With your background in real estate and infrastructure law, how do you foresee the legal implications of future urban development projects, especially in the context of sustainable growth and environmental conservation?

Future urban development projects will likely face increased scrutiny and regulation concerning sustainability and environmental conservation. As awareness of climate change and environmental issues grows, there will be a stronger emphasis on integrating sustainable practices into urban planning and development.

From a legal perspective, this implies stricter compliance requirements related to environmental impact assessments, zoning regulations, land use planning, and building codes. Lawyers specializing in real estate and infrastructure law must stay updated on evolving environmental legislation and regulations to ensure their clients’ projects meet these standards.

Additionally, a greater focus will likely be on incorporating renewable energy sources, green building technologies, and eco-friendly design principles into urban development projects. Lawyers will play a crucial role in negotiating contracts, securing permits, and navigating regulatory frameworks to facilitate the implementation of sustainable practices.

Furthermore, legal challenges and disputes may arise from conflicts between development interests and environmental conservation efforts. Lawyers will need to provide strategic advice and advocacy to resolve these conflicts while balancing the need for economic development with environmental protection.

As a woman leader in the legal industry, how do you advocate for gender diversity and inclusion within your firm and the broader legal community? What strategies do you employ to ensure equal opportunities for all professionals regardless of gender?

As a leader, I firmly believe that actions speak louder than words. Therefore, we actively encourage our female associates and team members to assume pivotal roles within our firm. We strive to provide them with a flexible environment that allows them to maintain a balance between their professional responsibilities and personal lives, while also ensuring they remain motivated to look forward

Our female associates are remarkable advocates when it comes to representing our clients. We not only encourage them to engage in vigorous argumentation and advocacy before various competent forums, but they consistently deliver outstanding performances in these arenas.

In your experience, how does cultural diversity impact dispute resolution, especially in cases involving multinational clients? Could you share a memorable cross-cultural negotiation experience and the valuable insights gained from it?

Cultural diversity holds considerable sway over the course of dispute resolution, particularly in scenarios involving multinational clientele, as it inherently shapes communication dynamics, negotiation strategies, and conflict resolution methodologies. The comprehension and adept navigation of these cultural nuances stand as imperative prerequisites for achieving efficacious dispute resolution.

To surmount these cultural disparities and foster a fruitful negotiation environment, it is paramount to engage in the process with a blend of sensitivity and adaptability. Typically, in these cross-border negotiations, we invest the necessary time to grasp the cultural heritage, communication predilections, and underlying motivations of each involved party. Furthermore, we employ an array of techniques, including active listening, reframing issues through a culturally attuned lens, and seeking common ground, all aimed at cultivating trust and rapport amidst the negotiating factions.

Through the virtues of patience, empathy, and a readiness to tailor our negotiation methodologies to accommodate cultural variances, we have consistently achieved mutually beneficial resolutions that effectively address the interests and apprehensions of all involved parties.

With the demanding nature of your profession, how do you unwind and maintain a work-life balance? Could you share some of your favorite ways to relax and recharge outside of your legal endeavors?

As my years of experience have accumulated, I’ve come to appreciate the significance of practicing detachment in both personal and professional spheres as a means to fostering a balanced life. When engrossed in litigation or a project, dedicating undivided attention and focus is imperative. However, upon its conclusion, regardless of the outcome’s favorability, it’s essential to gracefully transition forward. Recognizing that life is an ongoing journey, we must refrain from being swept away by triumphs or dwelling on setbacks. Each new day presents fresh challenges to conquer.

Moreover, it’s crucial to incorporate periodic breaks, during which one can fully disconnect from professional obligations and engage in pursuits unrelated to work. This allows for the replenishment of energy and enthusiasm, enabling us to approach tasks with renewed vigor each time.

Given your journey from a young professional to founding SC&A Legal, what advice or key points would you share with students and young professionals who are just starting their careers in the legal field?

My first advice to every young law graduate would be to definitely garner experience in a dispute resolution law firm, as that will give you a deeper understanding of various streams of law and thus build a strong foundation for a lifetime. Secondly, never give up on yourself. The legal profession will also give you back your rewards; it’s just a matter of time. Have faith and patience; you will succeed.

Get in touch with Sanchari Chakroborty-
- LinkedIn
June 5, 2024
“Every lawyer has their own trajectory, there is no competition. My only contact is God, the rest everyone I meet in the journey is a blessing.” – Esha Mazumdar, Advocate on Record at the Supreme Court of India & Founder of Curare Legal
This interview has been published by Namrata Singh and The SuperLawyer Team

As a first-generation lawyer, could you walk us through your journey? What was your motivation or inspiration for pursuing a career in law? Additionally, can you share some insights about your childhood and any experiences that shaped your path? What is something unique about you that our readers should know?

I think not only for a first-generation lawyer but for every lawyer the journey is very unique in itself. Every lawyer has their own trajectory, there is no competition. The only difference for a first-generation lawyer is the initial years where you build your reputation, where you make a conscious choice regarding your future. The profession no doubt demands a lot of sacrifice especially if you are practising independently. For me personally, discipline and hard work are the most important things. Lot of people advice me that I should build my contacts, my only answer to them is, my only contact is God, rest everyone I meet in the journey is a blessing.

My father in fact wanted me to become a lawyer, it was he who always encouraged me to start an independent practise. He always taught me that honesty and hard work never go in vain.

My childhood has played the most important role in shaping my path. I belong to a family of Army and Air Force Officers. The discipline that has been imbibed in me because of my background has stayed with me and discipline in any field takes you a long way. My mother who has been a homemaker has always stressed on the importance of being financially independent.

Unique I’m not sure but I have come to experience, if I take up a task I do not leave it mid way, I take it to it’s logical conclusion.

You have acquired your LL.M. in International Business and Commercial Law from the University of Manchester, but as we know, dispute resolution has always been your first love. How has this international LL.M. helped shape your legal perspective and approach to dispute resolution?

LL.M. from Manchester has given me immense exposure and on a lighter note, I can proudly say I have friends (who are lawyers) all around the world. That apart, the understanding of different cultures, the idea of seeing things through a wider lens definitely helps in litigation. Litigation is not just about the one case that you are doing, there can be various perspectives, you just have to see which one is best suited for your client.

Having studied and worked in the UK, what international legal trends do you think could be beneficially adopted in the Indian legal system and What changes or improvements would you like to see in legal education to better prepare future lawyers for the challenges of the profession?

Legal education should be more practical, industry oriented and should be focussed more on creating independent thinking.

How do you balance the varied demands of independent practice, being a founder of Curare Legal, and your past role as a Government Counsel? Please share some insights on challenges you faced since you started your firm.

Well I was a Govt. Counsel for about 4 years, I used to be quite overburdened with Govt. work, not leaving me with much time for private matters. Having said that, I thoroughly enjoyed my work as a Govt. counsel also, I got an opportunity to work with some of the brightest officers. It gave me an opportunity to look at things from a very different perspective. I think every independent practitioner at some point should work on some Government panel. Not to mention I was amazed to see the knowledge that the Section officers or dealing hand had about the matter. It was an amazing experience.

Independent practise only demands one thing, that is consistency. Consistency is key, be it hard work, be it not giving up after you have had a rough day in Court. The right balance between being open to ideas from your clients and filter when you present your case in Courts.

The biggest challenge of course was to break even when I started the firm, and then increase revenue enough to expand the infrastructure and to be able to pay a respectable amount to Associates, paralegals, etc. Even now in fact every month is not the same, so revenue can be a struggle in some months.

You were the counsel in a landmark case under the new Land Acquisition Act decided by the Delhi High Court. Can you discuss the significance of this case and its impact on land acquisition laws?

Yes, that was a case under Section 24(2) of the New Land Act, 2013. Much water has flown since then and the recent Constitution Bench Judgment in Indore Development Authority vs. Manohar Lal & Ors. has brought about some changes in so far as the interpretation of Section 24(2) is concerned. But yes, the impact is that the acquisition under the current regime is much more difficult as it requires social impact assessment etc and even the compensation is much higher that what was provided under the 1894 Act, which was more exploitative in nature.

What were some of the most challenging and rewarding aspects of your tenure as Additional Standing Counsel for the Government of Delhi?

Challenging of course the entire work of a Govt. counsel is very challenging. I was handling quite a few matters every day, so waking up at 4 AM in the morning every day, going through the brief thoroughly because as Govt. counsel we mostly defend the interest of the public at large, secondly there’s always a sense of urgency in private clients regarding hearing of their matters, so it’s difficult to get an adjournment as a Govt. counsel.

Rewarding aspect, of course the grind that I went through has sharpened me to prepare more than 2 briefs for lengthy arguments in about an hour or so. Also I always measure success by the people that we win and my reward is the number of officers and various staff of Departments who are still in touch with me.

After serving as government counsel, what motivated you to return to private practice in 2021, and how has the transition been for you?

So honestly, as a Govt. counsel I was doing only one kind of matters. Since time was still on my side, I wanted to explore a little more and do more variety. As fate had it, I was also blessed with a daughter after I left the panel and I could effectively manage both sides i.e., taking care of my daughter and the independent matters.

Your first independent matter was a PIL for increasing compensation for rail accident victims. What challenges did you face, and what did you learn from this experience? Being your first case, what was your overall experience, and how did it shape your approach to future cases?

I have done two PILs, one for increasing compensation for rail accident victims and one for free sanitary pads and education on menstrual hygiene to Govt. School girls, both are very close to my heart. There were no challenges as such but PIL requires a lot of research, so doing all of it at a time when we did not have associates or interns to help with, one of the initial cases being a PIL would mean that we were paying even our office rent from our pocket but as it is said do good and good will come to you, I guess that is what happened with us. The 1996 Rules were amended, the compensation amount payable to rail accident victims was doubled.

So far as the overall experience is concerned, I think Delhi High Court has this very unique feature of being extremely welcoming towards younger counsels. The warmth, the seriousness with which the Judges take your arguments if you are well prepared, this really helps in boosting your morale. I remember once on the Original Side, we were young, the brief had just come a day before and we were not prepared, in fact we had just gone to seek an adjournment since certain documents were yet to come. So the Judge started recording whatever we would say in the Order sheet including that we are not prepared to argue and all I said was we are very young in the profession, Lordship may kindly remove the observations, just saying that was enough and the observations were removed. So we have the most compassionate and wonderful Judges here, it’s just about having the tact and being honest to yourself and to the Court.

Given your demanding career, how do you manage work-life balance, and what tips would you offer to other legal professionals?

Ok I get asked this question a lot and I will not lie here, I have the most wonderful husband who is also a lawyer. He encouraged me to give the Advocate on record exam after we were blessed with a daughter and I qualified it in the first attempt. I think if you are married, having a supportive life partner is a real plus.

Secondly, online hearing which is constantly being encouraged by the current CJI, is of great help to women mostly.

Tip: I can only say keep the mental state right, as long as you are mentally fine you will sail through one additional hobby, it can be sports, photography, music, movies anything at least once a week, because the profession is very demanding, you cannot limit it to 9-5. It affects you mentally even before you know, so maintain your sanity.

For young lawyers contemplating a specialization in their legal careers, what factors should they consider, and how did you decide on your focus areas? Please share some tips for them to excel in their field.

For younger lawyers, I think firstly please do not focus only on money. You have to know your work first, money will not be a problem thereafter.

Secondly, one should not just stick to one kind of practise initially, i.e., just criminal or only civil laws. There is a lot of scope and opportunities, give yourself some time. Try different areas before you finally know what you like.

My focus areas actually just happened to me by the kind of matters that came to me and I am still open to trying different areas. A lawyer never stops learning.

Lastly for the younger lawyers, just have faith in the process, go through the grind, you will get there gradually.

Get in touch with Esha Mazumdar-
- LinkedIn
June 4, 2024
“Treat every task with utmost respect and diligence. Embrace new challenges and venture into unfamiliar legal domains, as this exposure expands both your legal knowledge and general awareness.” – Nikita Misra, Partner at Alpha Partners Dubai & Founder of Nicknanimous Consultants
This interview has been published by Namrata Singh and The SuperLawyer Team

Could you share with us what inspired you to pursue a career in law, and how did your journey begin back in 2008 in Delhi to your current role?

I am the first born lawyer in my family. However, I feel my grandfather and my father could have been great lawyers themselves. They had sharp acumen and while growing up I saw them discuss a lot of legal issues at home and I was enthralled by how laws, policies, and regulations shaped the world around me.

By the time I finished school, my mind was made up. The only question was what breed of lawyer I’d become. With India’s economy taking flight, corporate law stood out as the frontier practice – this new engine of business and innovation. I have worked in some renowned law firms like Indus, Mine & Young and worked on some good transactions. I have also worked in a startup as a legal manager which further helped me hone my skills as a lawyer and deeper understanding of the challenges faced by startups. Actually this has helped me fit perfectly into the environment of an in-house Legal Counsel for a big company in India, which has been a great experience for me personally. Post my move to Dubai in 2018, it was a slow start to start my career, it was kind of a restart. However, I was lucky to get a job here and started working as a corporate consultant for a firm which was more focused on litigation and arbitration matters. Thereafter, I got this amazing opportunity to head and build an Indian based law firm in Dubai and since then I have managed to work on various corporate matters and dive deeper into the corporate legal world in the UAE. It is with this opportunity that I was able to create network and build relations and eventually led to starting my own consultancy firm in Tashkent, Uzbekistan where I have been working on a big litigation matter and also consult investors/business locally and even those looking at CIS as a territory to expand their business beyond UAE/India

During your time at Indus Law Associate and Mine & Young, what were some of the key transactions that shaped your understanding of corporate law?

When I first joined Indus Law, a boutique firm punching well above its weight, I had no idea I was opening a gateway to the global marketplace. Despite its modest size, the firm’s client roster read a few multinational corporations, so right out of the gates, I was dealing with cross-border transactions. During my time at Indus Law, I worked on a lot of JVs and takeovers by International companies of Indian companies and vice versa, and I vividly remember the adrenaline-fueled all-nighters, the painstaking combing through contracts with fine-tooth cares – all amidst a whirlwind of takeovers, mergers and acquisitions. Those years were quite draining yet undeniably exciting. I made countless mistakes, learned on the fly, and had my conventional thinking upended daily. But I wouldn’t trade that experience for anything. It allowed me to get an insight and exposure to the globalized marketplace before age 30.

Which made my transition to a real estate law firm Mine & Young. After operating at startup speeds, I was now joining a firm which was one of the pioneers in real estate law. From high speed transactions I was now dealing with slow paced but high end and exclusive luxury property matters. Yet this seeming 180-degree pivot helped me develop an entirely new mastery that perfectly complemented my prior style and a whole new world unlocked. But it was in bridging those extremes where I found my greatest advantage as a lawyer. Constantly stretching between these dual disciplines was grueling, but also tremendously rewarding.

What motivated you to start Nicknanimous Consultants, and how has your experience been in balancing your role as a corporate lawyer in Dubai while managing your consultancy firm in Tashkent?

Well I had been visiting Tashkent regularly as my mother was working there.

And each time I visited the place and met the locals, I realized that the country had a lot of potential for growth. I quickly understood that any business that would enter Uzbekistan now, has the potential of holding a larger share of the market and expanding its business further into other CIS countries. Uzbekistan in the last recent years has been very welcoming to foreign investments and new FDI policies have been formed which are more investment friendly. Thus motivated me to start my own Consultancy through my own networks and relationships. I can help any business looking to expand, or explore Uzbekistan as a market and provide a complete end to end solution to set up their businesses there and at the same time giving local businesses an opportunity to explore UAE or India as a market.

I feel both the roles are interlinked. As a corporate lawyer, my role is intrinsically linked with understanding the nuances of my clients’ businesses. By working closely with clients, I gain deep insight into the challenges and opportunities they face. This allows me to not only provide legal counsel, but also connect the dots and advise on potential business strategies. My ability to understand the client’s business landscape puts me in a unique position to facilitate connections with potential investors or partners that could aid in their growth and expansion plans. Rather than merely offering legal services, I strive to be a comprehensive advisor – leveraging my network and business acumen to unlock new avenues for my clients’ success beyond just the legal realm. This synergistic approach provides comprehensive value that transcends traditional legal counsel.

Moving to Dubai in 2018 marked a significant transition in your career. What were some of the biggest challenges you faced, and Can you elaborate on the unique legal and business landscape in the UAE, especially how it differs from your experiences in India?

Yes I faced a significant transition when I began practicing as a corporate lawyer in the UAE back in 2018. At that time, the commercial laws were not as investor-friendly, and there were fewer SMEs entering the market compared to today’s booming ecosystem. However, I recognized that this marked the beginning of a new era, and I think I am fortunate to witness and adapt to this transition and growth in the country. One advantage I feel is that if a corporate lawyer has substantial exposure and transactional experience from practicing in India, which has undergone its own boom, it becomes much easier to establish a practice in the UAE now. This is because free zones, especially like ADGM, and some of the UAE corporate laws,have closely adapted common law systems in recent years, aligning with the legal frameworks familiar to lawyers from common law jurisdictions like India.

The primary challenge I think is the need to consistently stay updated on the rapidly evolving legal landscape in the UAE. As the country progresses at a rapid pace, new rules, regulations, and bye-laws are introduced frequently. Corporate lawyers must remain vigilant and continuously educate themselves to provide accurate counsel aligned with the latest legal developments. Overall, the opportunities are available for corporate lawyers in the UAE’s flourishing business environment, provided they can navigate the dynamic regulatory changes and leverage their prior exposure to common law practices.

Aside from your professional life, you also hold a diploma in Interior Design. How do you balance your personal interests with your demanding career, and does this creative side influence your work as a lawyer?

As a child, I was captivated by well-designed spaces and distinctive architectural styles from various eras and places. Whenever I traveled, I eagerly anticipated witnessing different architectural marvels that would fuel my fascination with interiors and design.

When the COVID-19 pandemic brought the world to a standstill, I seized the opportunity to explore my artistic side. I decided to formally study interior design, finally indulging my long standing passion.

I think in the legal field, creativity manifests itself in structuring intricate transactions, drafting contracts for innovative business models, and formulating strategies to navigate complex legal battles. While I agree law is firmly rooted in theory and research, the application of legal knowledge demands innovation and creative problem-solving abilities.

It is my dream to ultimately transition into the interior design industry as a second career after 50 years of age, following my tenure as a lawyer, leveraging the design skills I’ve cultivated alongside my legal training.

Nurturing personal creative outlets alongside one’s primary vocation is essential for a fulfilling life. My journey exemplifies how diverse interests can coexist, potentially converging into enriching experiences that span both professional and personal realms.

I hope my story inspires others to explore their unique combinations of passions and professions.

With over 12 years of experience, what advice would you give to young lawyers who aspire to have a versatile and dynamic career like yours?

The fundamental lesson is that hard work and diligence invariably pay off, regardless of the nature of the task at hand. One should never underestimate the value of any given work assignment, as those skills may prove invaluable at a later stage in life or career.

I vividly recall my time at Rainmaker, which presented a vastly different work experience that required a strong emphasis on client relationship building. At that juncture, I naively perceived this as a waste of time, believing I should focus solely on expanding my legal knowledge. However, in retrospect, those very skills in client relations that I honed during those days have become invaluable assets nearly a decade later.

Fresh out of law school, many of us aspire to become partners at firms or establish our own practices, without realizing the multitude of skills required beyond legal expertise to build and sustain a successful practice. Client relationships, business acumen, and interpersonal skills are equally crucial.

To young lawyers, I would advise treating every task with utmost respect and diligence. Embrace new challenges by venturing into unfamiliar legal domains, as this exposure expands both your legal knowledge and general awareness. Staying updated, maintaining an inquisitive mindset, conducting thorough research, and continuously acquiring new skills are imperative.

Networking is crucial in the legal field. How have you built and maintained your professional relationships across different countries, and how has this network benefited your clients?

Networking is a critical foundation for any entrepreneur or professional looking to create their mark, including in the legal field. It begins by actively attending and participating in industry events, staying updated on developments, being part of relevant forums,and most importantly, taking the initiative to proactively engage with others. Through years of my working experience, I’ve realized that many individuals, including lawyers, hesitate to approach and converse with new people at networking events due to shyness or apprehension. However, I must say that the UAE’s business landscape, which heavily relies on networking, offers a welcoming environment that helps newcomers overcome this hesitation. Additionally, being well-versed in one’s subject matter is crucial to maintain others’ attention and establish initial trust.

Even though visibility is paramount in the initial stages, over time, the quality of one’s work and the ability to maintain strong client relationships become the driving forces behind success and growth. In my case, referrals and the network I’ve built by meeting lawyers in the UAE, Uzbekistan, and India have been invaluable in expanding my reach and clientele. Effective networking involves a combination of active participation, subject matter expertise, visibility, consistent high-quality work, and nurturing professional relationships. Basically it’s an ongoing process that requires persistence, confidence, and a genuine interest in connecting with others in the industry.

Working across various jurisdictions, from India to UAE and Uzbekistan, what are some of the key legal and cultural differences you’ve encountered, and how have they influenced your approach to legal practice?

Each new territory has its own fresh challenges – different legal codes, cultural norms, business practices.

The UAE has a dual system comprising both Civil and Sharia Laws. However, in recent years, The free zones, especially the ADGM Courts, have directly applied English common law principles in matters brought before them. This development is advantageous for Indian lawyers who are familiar with the common law system.Additionally, many new corporate laws in the UAE mirror common law principles, making it easier for Indian lawyers to practice in the region. The familiarity with the legal framework streamlines their ability to navigate the UAE’s legal landscape.

On the other hand, Uzbekistan follows a civil law system, which differs significantly from the common law tradition prevalent in India. Despite both the UAE and Uzbekistan being Islamic nations, Uzbekistan’s legal system, local laws, and traditions are markedly influenced by its Soviet heritage, setting it apart from the UAE’s legal landscape.This contrast between the UAE’s increasing alignment with common law principles and Uzbekistan’s civil law system rooted in its Soviet past presents an interesting dynamic. It highlights the need for legal professionals to adapt their expertise and understanding to the nuances of each jurisdiction’s distinct legal traditions and influences.Navigating these varied legal systems requires a deep appreciation for the underlying principles, cultural contexts, and historical factors that have shaped their evolution. Even though all the three nations’ legal systems are very different from each other, yet that has become the thrill of the chase for me. Cracking the legal DNA of each new environment, then skillfully integrating it into transactions is exciting for me.

Your experience with startups is extensive. What common legal challenges do startups face, especially outside India, and how do you help them navigate these issues?

One of the most prevalent mistakes observed among startups is the tendency to neglect or overlook the importance of legally sound agreements, particularly during the seed funding round involving investments from family and friends. Failing to seek proper legal advice on structuring these investments can lead to complicated arrangements that deter future investors until the structure is properly rectified, thereby delaying business progress. It is crucial for startups to seek legal counsel before entering into any investment arrangements to ensure seamless operations.

For startups entering the UAE market, a common challenge is the lack of understanding regarding the appropriate business license to obtain based on their specific business activities. Many startups, unaware of the local laws, are often misguided when comparing the legal environment to their home countries or other jurisdictions they are familiar with.

This is where we, Alpha Partners, can play a pivotal role in guiding startups through the process of navigating and selecting the correct business structure that aligns with their objectives while adhering to legal restrictions. Comprehensive legal assistance is essential not only during the initial setup phase but also for ongoing support with general corporate commercial agreements and transactions post-establishment.

By addressing these challenges through timely legal guidance, startups can avoid costly missteps, ensure compliance, and establish a solid foundation for growth and attracting future investments. We at Alpha Partners, play a critical role in helping startups navigate the complexities of the UAE’s legal landscape and structuring their business operations for long-term success.

Get in touch with Nikita Misra-
- LinkedIn
June 3, 2024
“Don’t resist any new experience or challenge, it is only in the deep end that we really learn how to swim”- Tishampati Sen, Counsel at the Supreme court of India
This Interview has been published by Pragya Chandni and The SuperLawyer Team

Can you share with us how your journey into law began? What inspired you to pursue a career in this field?

My journey with law started only incidentally. As a child finishing high school, all I knew of what I wanted to do – was join the corporate world, and be a corporate honcho – I wanted to walk in my father’s rather large shoes – as I had always seen him as a top corporate executive. But I soon learnt that engineering was not for me. No matter how hard I tried – I just didn’t grasp the concepts for JEE exams, while for my friends it was a piece of cake. Then someone told me of a few prominent corporate executives who were actually lawyers by training. Since I had always been a debater, the common opinion was that I would do well in law. That is what I wanted to do, complete my LL.B., do some work, pursue an MBA and then proceed with life. But clearly life had other plans. I started enjoying reading law in law school, and started performing well in Moot Court competitions. But even then I had no plans of pursuing law post my LL.B. Then one day in an international arbitration competition held in Delhi, I was awarded the best speaker, and more significantly, a scholarship to National University of Singapore for an LL.M. No one, in their right mind, can let such an opportunity go by and so that is how I went ahead and pursued my LL.M, even with no intention of continuing with law. When I returned to India, I decided to work in a law firm for about a year (or two) before I would go ahead for my MBA – as previously planned – but my tryst with law, started at JSA under Mr. Sumanto Basu, and that is when I fell in love with law, and with being a lawyer. I saw large corporations, value and plan entire business strategies based on the advice given by Mr. Basu, who in turn based his advice on the work done by us! That realisation was empowering and humbling at the same time. After this, there was no looking back.

You graduated from NLU Jodhpur and then pursued your LL.M from the National University of Singapore. How did your academic experiences shape your career in law, especially in international commercial laws?

Both NLUJ and NUS have had significant contributions to my life. These institutions helped create the foundation for the legal acumen, and the understanding of the principles of law and practice. I owe a lot to NLUJ of course, the fundamentals of our legal understanding, the basic concepts of law, jurisprudence, drafting and advocacy was taught to us, and ingrained in us by the alma mater. NLUJ taught us research methodology, how to articulate one’s opinion coherently in articles, and the art of persuasion – through moot court competitions. The plinth on which I have built my practice, was created at NLUJ. But I think even beyond the academic training, NLUJ played a very big role in the development of my personality. I don’t think law school, at the undergrad level especially, should be looked at only as a place to read and learn law. Much more importantly, this is a place where you’re mixed into a melting pot, and you learn a lot about yourself, and your relationship with the world.

NUS, because I was much older when I went there, and also because the LL.M. is only for a year or so – is where the focus was predominantly on academic rigour. I had the opportunity to sharpen the understanding and application of the laws. In an international LL.M., one is reading foreign law, which may or may not be relevant later. But that is precisely why an LL.M may be important. It trains you to read and comprehend all sorts of legislations – even those which you may not be able to relate to. What was very different in NUS for me, was the way examinations were held. Most of the exams were open – book exams, they didn’t want to assess one’s memory, but one’s understanding of the concepts. This forced me to learn to comprehend and articulate faster, rather than just mug things up. The LL.M. also taught me that there are multiple viewpoints available for the same issue, and that it often varies based on what one’s life journey has been and the culture / society one has been exposed to. This also became relevant and useful when interacting with other lawyers and arbitrators in the international context.

Starting your career at J Sagar Associates, you worked on both the transactional and litigation sides of law. How did this dual experience influence your professional development and perspective as a lawyer?

There is a marked difference in the way transactional lawyers and litigating lawyers deal with clients and with the mandate before them. In both, of course, you keep the client and the client’s interest at the forefront, but there is a difference in the approach. On the transactional side, the focus is on advice and in enabling the client to get a deal done. One is often batting for the client, against another party but, importantly, towards a common goal, i.e., arriving at an agreement, which is mutually beneficial to both the parties involved, and which will govern the relationship of the parties going forward. The understanding of the industry, the Client’s business, its weaknesses and needs, governs your advice and actions.

Whereas in litigation, it is almost always adversarial, where one has to strive to defeat the other side and their version – in order to make one’s own client win. Here, the facts of the case, the law, and the specific personality of the court / tribunal, are what reign supreme in the mind of the advocate. Of course, this is overly simplified, and a generalisation, but that there is a difference in the approach is clear. I can happily say that I thoroughly enjoyed both sides of the coin, but it is the litigating and adversarial side of the practice that I love. The fact that I have received invaluable training from prominent people in both these fields in JSA, I feel I have widened my viewpoint and perspective as a lawyer, which has helped me to grasp issues in a matter, and also comprehend the business realities which cause the clients to make certain decisions. Some of the law firms require freshers to be on rotation, and go through various practice areas for the first 6 – months or so. Given my experience, I think it’s wonderful and long may it continue.

You’ve had the opportunity to work under prominent figures like Mr. Vipin Nair and Mr. Gopal Subramanium. How did these experiences and mentors impact your approach to practicing law and handling significant cases?

My seniors have not merely had an impact on my approach to practicing law, they have all shaped me into the lawyer and the person I am today. My practice, and how I present myself in court and to other advocates / clients, is entirely a reflection of all my mentors and seniors. I have had a number of mentors in my life, but significantly, I must mention Mr. Sumanto Basu – who took me under his wing when I was an absolute fresher and who then taught me not just how to practice law, but even how to conduct myself. Mr. Amar Gupta – who was instrumental in my transition to litigation and who planted in me the love for litigation and court craft. Mr. Vipin Nair and Mr. P.B. Suresh taught me the tips and tricks of independent practice, advocacy, effective drafting and most importantly demonstrated how important it is to build a rapport with the Bench, other members of the bar and the court staff. From Mr Gopal Subramanium, of course, as a very senior and eminent senior counsel, I learnt how a person of his stature prepares for matters, deals with the pressure, the adulation and the criticism, and keeps the dignity of the Court and the need of the matter at the forefront.

Your practice covers a wide range of areas including corporate litigation, arbitration, and consumer law. How do you manage such a diverse portfolio, and what challenges have you faced in balancing these different specializations?

It isn’t about managing a diverse portfolio, I have a practice that covers a wide range of areas, purely because I enjoy a wide range of subjects and each area comes with its own style of pleading, practice, and its own jurisprudence. It is a lot more enjoyable (at least for me), and the issues and the clientele that I interact with are also dynamic and different. As far as I am concerned, it keeps the hunger and the attraction for the law and litigation going. Having said that, I must clarify that having a wide practice area is not unusual, there are several other counsels as well, who practice in several fora and we regularly meet each other in different courts. Those predominantly practice in one type of practice area, do so probably because they have attained true expertise in that field of law and therefore are now required to devote most of their time assisting the courts, and advising clients, in that area of legal practice.

You have been involved in several landmark cases, such as the class action matter involving data privacy and the whistleblower suit. Could you tell us more about these cases and what they mean for the legal landscape in India?

Both of these matters that have been mentioned, are sub – judice, and so I don’t want to get into them in detail. But in short, the data privacy matter is an interesting one, where medical data entrusted with a cloud storage service provider went missing. The service provider took the defence that no liability can be attributed to it, since it provided a back – up only in the more expensive version of its service. The complainant therein was aggrieved by this position since the complainant felt that such a defence cannot be taken when data (and sensitive data such as this) has been admittedly lost based on the negligence and internal glitch of the service provider. Recognizing that this will be an issue for all those who have not taken the more expensive version of the service, a consumer complaint, with an application to treat the same in the interest of the class of consumers was filed. The National Commission passed certain significant orders in the matter (although the matter is pending adjudication), the issue is now before the Supreme Court.

Clearly this is an important issue because this not only deals with the sensitivity with which data must be dealt with, but also as to whether a class action proceeding can be maintained for an issue such as this. With data becoming the currency in the new world, matters such as this, would certainly become relevant for the law to develop appropriately.

The whistleblower matter is another interesting matter, where a person brought to the attention of the internal management of a large MNC that unethical practices were rampant within the organisation. Pursuant to an internal investigation, the admitted whistleblower was terminated from the employment on the ground that he too had been involved in the said unethical conduct. The whistleblower filed a civil suit challenging the said termination claiming that this is an attempt to penalise the person for blowing the whistle internally. He has also filed a Writ Petition bringing to the attention of the Court the fact that the law in India is woefully inadequate as far as according protection to whistleblowers is concerned while several countries have robust laws to protect whistleblowers and to prevent retaliatory conduct. A Judgment of the court in this regard, will certainly have a major impact and may actually cause the law and businesses to provide realistic mechanisms to prevent unethical conduct and to protect those who wish to speak out against such conduct.

As someone who has achieved considerable success in the legal field, what advice would you give to fresh law graduates who are just starting their careers?

Its very nice of you to say so, I don’t know if I can be said to have achieved considerable success – as yet, but if I had to share a couple of my learnings with fresh law graduates, it would be this:

Know your subject and the law very well. Please read the law. This includes being updated with the recent judgments and reading the bare acts. I have come to learn that knowing the law really well puts you at an advantage on any side of the practice. There is simply no substitute for it and those who really become prominent, almost always, have a strong command on their subject and are armed with a profound knowledge of the law.

Not many really know what is good for them, and what they are meant to be, especially so, when you’re a fresh law graduate, and your only understanding of the legal world is through limited internships and maybe SUITS! Therefore take on all experiences wholeheartedly. Don’t resist any new experience or challenge, it is only in the deep end that we really learn how to swim. Plus, it is the ability to see a problem or a legal issue, from various viewpoints and perspectives, that sets one apart from the rest and that ability is honed especially by having a varied bouquet of life experiences. So don’t sweat the small stuff and dive – in deep.

Get in touch with Tishampati Sen-
- LinkedIn
May 31, 2024
“Engaging in public discourse…contributes significantly to society by promoting legal literacy, influencing policy, and advocating for justice.” – Manish Kumar, Advocate On Record at the Supreme Court of India
This interview has been published by Namrata Singh and The SuperLawyer Team

Can you please share your childhood memories, what were some key experiences or influences that led you to choose a career in law? Was there anyone who particularly inspired or motivated you to pursue this path?

I was raised in a middle-class household in Bulandshahr, Uttar Pradesh, where I was born in 1991. My family moved to Delhi in 1995, and I have lived there ever since. My education consisted of eight classes at Sant Vivekanand Public School, followed by classes nine and ten at Hindon Public School, and classes eleven and 12 at Mukherjee Memorial School. I then completed my B.Sc. (Physics) at the University of Delhi’s Ramjas College. I have no legal family background as such I had no interest in law until my first year of graduation, and I never thought to become a lawyer in the Future. However, as I started my second year of graduating, I learned about the numerous well-known characteristics of the Campus Law Center and its graduates.

Can you share some of the challenges you faced during the initial days of your legal career, and what motivated you to take the Advocate on Record (AOR) exam?

During my time in law school, I decided to pursue a career as an Advocate-on-Record (AOR) in the future. To qualify for the AOR examination, I needed four years of practice as an advocate and one year of training with an existing AOR. Therefore, I decided to start from scratch and join the chamber of Sh. Rajesh Mahindra, a well-known civil advocate at Tis Hazari Court. Under his mentorship, I learned the fundamentals of civil law, drafting, arguments, and procedural aspects.

In 2017, I took a significant step in my career by joining Intelia Law Offices as a Senior Associate, where I worked until 2018. Following this, I embarked on my independent practice at Tis Hazari Court. My dedication and hard work led to my appointment as a panel counsel for the Delhi Legal Services Authority (DLSA). Since then, I have been serving as a panel counsel on the civil panel in the North East and West districts of DLSA, continuing to hone my skills and contribute to the legal community.

How do you manage your multiple roles, including being a legal aid counsel, a media panelist, and an advocate, without compromising on any of them? How do you balance your legal practice with media engagements, and what value do you see in this role?

Balancing multiple roles is challenging but achievable with disciplined time, management, and effective delegation. Media engagements complement my legal practice by enhancing public awareness and professional visibility, ultimately contributing to my growth as an advocate and public servant.

As an Advocate on Record, what are some of the most challenging cases you’ve handled at the Supreme Court, and how did you approach them? Please share your first experience appearing in court? What were the emotions and challenges you faced, and how did that experience shape your perspective on advocacy?

I became an Advocate-On-Record last December only as such I do not have too much experience as an Advocate-On-Record but I have been practicing in the Supreme Court for four years and appeared in hundreds of matters and gained a lot of experience. You can approach the client by your hard work which must be reflected in your case.

How does your work with the Delhi State Legal Services Authority impact the community, and what motivates you to continue providing legal aid?

I have been working with the Delhi State Legal Service Authority since 2017 appeared in more than hundreds of cases and finally left after becoming Advocate-On-Record. Working with DLSA is a different type of experience where you are blessed to help needy people who do not have money to fight for their legal rights. Being a Legal Aid Counsel, you have an opportunity to meet the persons who are needy and don’t have any knowledge, source of income to get justice.

You’ve published many articles and received recognition in various media outlets. How important is it for legal professionals to engage in public discourse and share their knowledge?

Engaging in public discourse and sharing knowledge is increasingly important for legal professionals for several reasons: 1. Public Education and Awareness 2. Professional Credibility and Influence 3. Shaping Legal and Policy Debates 4. Legal professionals can use their platform to advocate for social justice and reforms. 5. Professional Development and Building Public Trust in the Legal System

Overall, legal professionals who engage in public discourse not only benefit their careers but also contribute significantly to society by promoting legal literacy, influencing policy, and advocating for justice.

You attended an advocacy workshop organized by George Washington University Law School. What insights did you gain from this experience, and do you recommend similar workshops for new entrants in the legal field?

By attending a workshop, especially new entrants in the legal field may enhance their communication skills, strategic thinking, practical experience and confidence in the legal Field. I highly recommend similar workshops for new entrants in the legal field. They offer a comprehensive introduction to the practical aspects of legal advocacy and provide foundational skills that are essential for a successful legal career.

Outside of your legal career, what are some of your personal hobbies or interests that help you maintain a work-life balance?

I like playing cricket, archery, and writing poems. It is very difficult to maintain a work-life balance along with Advocacy but when you love your profession everything is possible.

What advice would you give to young lawyers who aspire to practice at the Supreme Court or start their chambers?

I would like to advise young lawyers that they should start their practice from the trial court and read at least one judgment daily on any topic that they like. I do not suggest any young lawyer to start your practice just after passing the LLB. He should work with a senior Advocate for at least three years to explore the practical knowledge of this profession.

What prompted you to establish the Law Chamber of Manish Kumar, and what vision do you have for its future? What are your future goals in the legal profession, and what new dimensions do you hope to explore in your career?

My wife who is also an Advocate encouraged me to start my law office i.e. Law Chamber of Manish Kumar. I do not want to share my future dream but you will have come to know my future goals in future.

Get in touch with Manish Kumar-
- LinkedIn
May 30, 2024
“The use of mediation not only provides a more amicable and cost-effective resolution for clients but also helps preserve relationships that might otherwise be damaged by adversarial litigation”- Ekakshra Mahajan Mandhar, Managing Partner at Mandhar Associates
This Interview has been published by Pragya Chandni and The SuperLawyer Team

Can you share what initially inspired you to pursue a career in law? Was there a specific moment or influence that set you on this path?

From a young age, I had a strong inclination towards law because it represented a pathway to justice, which deeply appealed to me. The idea of being able to contribute to fairness and uphold the rights of individuals and communities was incredibly motivating. There wasn’t a single moment that set me on this path, but rather a consistent interest in the principles of justice and equity. This passion ultimately guided my decision to pursue a career in law.

You have an impressive educational background, including an LL.M. from Penn State Law. How did your studies there shape your legal perspective, particularly in specialized fields like Antitrust, Bankruptcy, and Energy Law?

Thank you for your kind words. Indian competition law has largely evolved from U.S. antitrust law, so studying this area in the U.S. provided me with valuable insights that I could apply back home. Bankruptcy law was particularly intriguing, as it was a nascent field in India with the recent enactment of the Insolvency and Bankruptcy Code (IBC). Engaging in a comparative analysis with U.S. bankruptcy laws provided me with a robust foundation, which has been incredibly beneficial as I now specialize in this area. Energy law, while still evolving in many respects, is a field where the growth of renewable energy sources presents significant opportunities. My studies at Penn State Law allowed me to explore emerging trends and regulatory frameworks in the U.S., equipping me with the knowledge to anticipate and navigate similar developments in India.

Being a dual-licensed attorney in both the State of New York and India is quite an accomplishment. What challenges did you face while obtaining these licenses, and how do they complement your practice?

Obtaining licenses to practice law in both the State of New York and India was incredibly rewarding. Passing the New York Bar exam felt like a wonderful accomplishment. It was a daunting exam, but successfully navigating it instilled a sense of confidence and added credibility to my professional profile. Being dual-licensed complements my practice by allowing me to offer a broader range of legal services and insights, bridging the legal frameworks of both jurisdictions. This dual qualification enables me to better serve clients who operate internationally and provides a unique edge in comparative legal analysis.

Your work primarily focuses on resolving civil and commercial disputes. What drew you to this area of law, and what are some of the key challenges you encounter in these cases?

I have a profound understanding of the intricacies involved in civil and commercial fields like tax and bankruptcy, which provides a specialized edge in my practice.

I enjoy tackling challenging subjects, and given the vastness of civil and commercial law, it’s akin to navigating an ocean with no shore. The complexity and diversity of issues keep me intellectually engaged and continuously learning.

One of the key challenges in these cases is the depth and breadth of knowledge required to address the multifaceted legal and factual issues that arise. Each case is unique, demanding a thorough analysis and a tailored approach to achieve a resolution. Additionally, staying updated with constantly evolving laws and regulations is crucial. Overall, the dynamic and challenging nature of civil and commercial disputes aligns perfectly with my passion for the law and my desire to make a significant impact in this field.

You’ve advised both domestic and international clients on complex legal issues. How does working with international clients differ from domestic ones, and what unique perspectives do you bring to the table?

Working with international clients often involves navigating diverse cultural backgrounds and managing a broader range of projects. This variety provides access to a wider array of legal issues and challenges, making the professional journey more enriching. Being well-versed in multiple jurisdictions allows us to offer valuable insights and advice that are beneficial from both regulatory and compliance perspectives. We guide clients on a macro level, considering the broader implications of their legal matters across different legal systems. This comprehensive understanding enables us to tailor our advice to meet the unique needs of international clients, ensuring they receive well-rounded and effective support and do not have to rely upon or engage multiple professionals across different jurisdictions.

As a trained mediator, how do you integrate mediation techniques into your legal practice, and what benefits do you see for your clients in resolving disputes through mediation?

As an Advocate, it is essential to weigh the best interests of the client. Often a client is warring within their corporate circuit or amongst their familial relationships which could be settled out-of-court with third party intervention. Significant court backlogs and investment of time and resources required for litigation often motivate clients to pursue mediation, if counselled well. We do take pride in facilitating communication between disputing parties, by mediating between them and subsequently drawing up agreements, reiterating that issues can be resolved more efficiently and amicably through ADR than court proceedings. Even once litigation has been initiated, mediation techniques can play a crucial role in guiding parties towards a settlement. Overall, the use of mediation not only provides a more amicable and cost-effective resolution for clients but also helps preserve relationships that might otherwise be damaged by adversarial litigation.

Finally, what advice would you like to give to fresh law graduates who are about to start their legal careers, especially those aspiring to achieve similar milestones as yours?

My advice is not to fret and take the time to understand how vast the field of law truly is. It’s no longer confined to the dual choice of litigating or working for a corporate firm. The profession has expanded to offer numerous new, untapped opportunities.

I delved into the specialized field of taxation law two years after graduation, which demonstrates that you don’t have to figure everything out during law school. Use internships to explore different areas and weigh where your interests lie. This practical experience will help you discover your passion and guide your career path.

Remember, the journey to achieving milestones takes time, and each step, whether big or small, contributes to your growth as a legal professional. Stay open to learning and embrace the diversity of opportunities the legal field has to offer.

Get in touch with Ekakshra Mahajan Mandhar-
- LinkedIn
May 29, 2024
“With AI coming in a big way the work of a new age lawyer has become more challenging as now you need to become more aware and be more updated on the legal developments than ever before”- Debashish Josh, Head Corporate Counsel at Wipro Technologies UK
This Interview has been published by Pragya Chandni and The SuperLawyer Team

Can you share with us what initially drew you to the field of law and how your journey began?

I come from a family of legal professionals as my father was a tax lawyer and so was my grandfather. Science was my major subject in school and I was good in Maths and like many of my batchmates wanted to become an engineer, however destiny had different plans, After I completed my graduation with honours in English I was encouraged by my father to appear for the various law school exams and consider law as a career option. Thankfully, I scored well and qualified for the University law LLB programme (three year course) and then did well and stood second overall in my LLB course. This success led me to think big and then I got selected for the LLM course (specialisation in Business Law) from NLSIU, Bangalore. However, the real interest in Law really took shape in NLSIU Bangalore with the help of modern analytical way of teaching and under the guidance of reputed professors of law in the University. Want to mention a few eminent teachers like Professor Devidas, Professor Ramakrishna, Professor Jayagovind, Professor Pillai who were key in shaping up my understanding and knowledge of Law and taking the first stepping stone in my career.

Reflecting on your 16+ years of experience, can you discuss some key milestones that have shaped your career as the Head of Legal for UK & Ireland at Wipro Ltd.?

Some of the key milestones that have shaped my career as the Head of the function in UK and Ireland are the following:
- Working on numerous large deals (over 100 Mn GBP) across business lines and executing them efficiently by working closely with the key stakeholders like the Business, Finance, Delivery, Risk, Data Privacy, Human resources.
- Being part of the overall UKI leadership team and contributing effectively to the strategic development of the company over the years.
- Helping the Business et up a new regulated company by ensuring that the right compliances are taken care of especially compliances with respect to FCA ,
- Managing and supervising a team of lawyers which was working offshore and helping them act as business enablers and grow within the organisation.
- Working closely as a data protection point of contact for all incidents related to data protection compliance and working with regulatory authorities in case of a data breach incident.
- Coordinating efficiently with external counsels and seeking advice in case of large disputes and helping the company navigate through the entire lifecycle of a court case.
You’ve managed litigation and represented clients in various legal proceedings. Can you highlight a particularly challenging case and how you navigated it?

The case was with a client in the energy sector and lasted for over 4 years and went through two rounds of mediations. It was extremely complex with issues related to contractual breach and here I was required to be very close with our external advisors in close tandem and brief them about the facts which were quite unique and technical. Had to coordinate with solution architects, delivery managers, finance leads to communicate the entire spectrum of facts to the lawyers and experts. It was a long drawn case which demanded every bit of your attention to finer details especially on the factual aspect and eventually got settled recently amicably in the best ineterst of the company.

Your experience with IT agreements is extensive. What are some of the unique challenges you’ve faced when drafting and negotiating contracts in the rapidly evolving IT sector?

In the rapidly evolving IT sector what has become more challenging is that the opportunity to really negotiate on contractual terms have come down significantly to what used to happen say five years ago, Now it more of being compliant with the bid/tender terms and conditions and working your way through the various stages of the contract submission stage, where you work closely with the business stakeholders/leaders in understanding the risk and pain areas and then managing or mitigating the risk to the best of the organisation operational and commercial ability.

You’ve led successful deal closures with significant values. Can you walk us through one of these high-stakes negotiations and what strategies you employed to ensure success?

This is with regards to one particular deal with a retail client of repute and where we had to work through various stages of negotiation:
- In the first stage where we had marked up the contract we had numerous points and many were at high level and not necessarily very specific. In the discussions that happened we had a few disconnects with the opposing legal side and had to take many of the contentious points back to re-evaluate and come back.
- We went back and weighed in our positions and options available with close interactions with all key stakeholders be it HR for transfer of people, IP team for intellectual property clauses, operations for service level agreements, finance for penalties and liquidated damages.
- We aligned well and our revised positions meet the customer requirements for a successful tender without compromising the business and commercial interest of the organisation.
- The strategy here was of striking the right balance in our high stake negotiation and also as a legal function being a business enabler which helped our company win such a prestigious deal.
You’ve worked closely with partners from top global law firms. How has this collaboration influenced your approach to legal practice and client representation?

Yes indeed as this has certainly being beneficial in not resolving complex issues arising from many of the company deals or disputes but has also helped in building lot of relationships across the industry where you personally have gained through knowing many of the partners, who are experts in their field of practice and have contributed immensely to the legal industry at large through their knowledge in fields of data protection, regulatory matters, employment claims and disputes and contract drafting and negotiations.

Given your experience with diverse regulatory matters, how do you stay ahead of the ever-changing legal landscape, particularly in areas like data protection and compliance?

Ever Changing legal landscape is quite fascinating as you understand the new age technology developments in artificial intelligence, data protection , intellectual property etc. With AI coming in a big way the work of a new age lawyer has become more challenging as now you need to become more aware and be more updated on the legal developments than ever before and one way of doing it is to attend as many knowledge disseminating seminars, workshops, summits as much possible and getting out of your comfort zone and walking the extra mile to know more about the technology and the business changes. Trainings are also an integral part in our company and there are various customised training programmes which are designed to help lawyers to go through and learn more on the development on the technology.

Finally, what advice would you give to fresh law graduates who are just starting out and aiming to build a successful career in corporate law?

I think the fundamental thing which is extremely important is the desire to learn and keep learning all the time. Be it research on tools or reading new articles or attending seminars, conferences, workshops etc. Also, please shed all inhibitions and please ask questions and not be shy about anything which apparently seems pretty straightforward as an answer. Also, be as scientific and as rational as possible and keep developing your strengths and improve on your weaknesses. The final point which I feel is highly critical is building relationships and knowing and understanding people from diverse fields in areas of work, though they may belong to different fields like being a technical architect or an enterprise risk manager or a information security associate. One will always do something again if they strike the right conversations.

Get in touch with Debashish Josh-
- LinkedIn
May 29, 2024