Super Lawyer

Author: SuperLawyerTeam

  • “Proficiency in comprehensive reading and writing is paramount, a robust grasp of knowledge and the ability to communicate effectively in eloquent language are indispensable assets” – Aarti (Shrivastava) Banerjee, Partner – Corporate Legal Advisory, YNZ Legal

    “Proficiency in comprehensive reading and writing is paramount, a robust grasp of knowledge and the ability to communicate effectively in eloquent language are indispensable assets” – Aarti (Shrivastava) Banerjee, Partner – Corporate Legal Advisory, YNZ Legal

    This interview has been published by Namrata Singh and The SuperLawyer Team

    Your journey spans over 17 years, and you’ve worked with reputed law firms and companies. What inspired you to pursue a career in law?

    I was fascinated with UPSC and the legal profession both. I loved reading from my childhood days. We didn’t have a television in our house and considering that the distractions were lesser then, I ended up reading a lot of newspapers. I used to regularly read Hitavada and its Monday supplement: Challenger, an inspirational piece for young students. When I told my family that I wanted to pursue law, my mother supported me and took me to meet a few lawyers and those interactions helped. Realizing that I had no family background in law, the seniors helped me understand that the actual legal world was very distinct from the legal world depicted in movies and that I should be prepared for struggle and a lot of reading and paperwork. 

    Your role involves advising on commercial, contractual, and HR-related issues. How has your diverse experience shaped your approach to legal advisory, particularly in corporate and HR matters?

    Advising on HR matters needs one to adopt a humane approach and I focus a lot on understanding the situation in detail, before jumping to conclusions. With every change in an organization, one comes in contact with people from various backgrounds and genres and every interaction helps individuals grow.

    What do you find most rewarding in your advisory work, and how do you navigate the challenges posed by the dynamic nature of these fields?

    The most rewarding aspect is when the deal gets closed on balanced terms. I always feel that a contract needs the active involvement of the parties along with the lawyers. If we manage to retain the client’s interest despite multiple tracks changed colour-coded versions, the document will truly reflect the understanding and the possibility of dispute is less.

    The challenges posed in this field are no different from the challenges in other fields. Typically, stubbornness is a problem one comes across in contract negotiation. Navigating stubbornness requires a lot of patience along with adopting various methodologies, like independent business team interactions, cogent examples, clear illustrations and so on.

    You’ve been an external member of many ICC(s) and have handled investigations under the POSH Act. What insights have you gained from this experience, and how do you approach creating a safe and inclusive workplace environment?

    POSH issues are very sensitive and delicate. One must understand that POSH is an impact-based law i.e. irrespective of intentions, it’s the impact on the aggrieved woman that matters. Education and training is the only method to handle this issue. If organizations conduct regular training effectively, this issue can be handled. Each organization has its own culture and methods of functioning. Thus, in the case of new employees, it is important to train and sensitize them to these issues.

    In addition to your legal qualifications, you’ve completed a course on Conflict Management from IIT, Madras. How has this course enhanced your skills, and in what ways do you incorporate conflict management strategies in your professional life?

    Conflict management through mediation is the way forward. It’s a very mature way of handling the dispute and requires the parties to be actively involved. We are required to maintain a very objective attitude many times as lawyers, but sometimes there are issues when we tend to get involved, and that’s when the learnings from this course remind us that objectivity is the key in certain roles. 

    As a Legal Advisor for Tata Teleservices Limited, you gained insights into corporate functioning, documentation, negotiation, and risk mitigation. How have these insights influenced your current role, and what key lessons did you take away from your time at Tata Teleservices?

    Tata Teleservices was a delightful experience, more so because of the wonderful corporate legal team that I was part of. While the work of an in-house counsel is different, my stint at TATA ensured I understood the end-to-end process of corporate documentation, right from proposal to the final storage of the executed document. The advantage of working in an organization that is conscious of compliance is that all stakeholders come together and apply themselves together to mitigate the possible risks. Such brainstorming exercises and detailed deliberations are very helpful. 

    You’ve conducted regular POSH training sessions for various organizations. What do you enjoy most about these training sessions, and how do you make legal concepts more accessible to a diverse audience?

    Conveying the delicate concepts of POSH needs a firm demeanour. Apart from regular methods like presentation, videos and interactions, we also use a lot of role-play to demonstrate the proceedings. While my effort is to sensitize the audience about the legal consequences that may arise should an issue arise, I also endeavour to make it clear that the mechanism is not to be misused.  We also suggest that organizations attend vernacular training to ensure that everyone gets the message clearly.

    Your expertise spans from handling litigation matters to advising on real estate transactions and now leading teams at YNZ Legal. Can you share a memorable or challenging experience from your career that has impacted your approach to legal advisory?

    One of my distinct memories related to an interesting company matter that I handled long back. The issue related to oppression and mismanagement and there was an urgency that needed us to get a quick injunction before the AGM. We worked very closely and almost round the clock with clients and counsels to draft effective pleadings to ensure that an injunction was obtained. The case was on a niche legal point and could have turned either way. We researched various cases and prepared written arguments. When the day of the hearing came, the client refused to come to the court and said that he would sit in our office and wait for us since he trusted us completely. While my senior understood, I tried convincing the client to come to the court in case we needed any instructions etc. He persisted and urged me to go on. His confidence and trust in us touched me. Thankfully, the order too came in the client’s favor.

    Apart from your legal expertise, you lead various environment-related initiatives in society. Could you share more about your involvement in these initiatives and how you believe each of us can contribute to sustainability and environmental causes?

    To be very honest, it’s a very small plastic recycling project that we do in our society voluntarily, but we have been consistently doing it since 2017. Till date, our society has contributed almost 35000 kg of plastic for recycling with the active contribution of residents. We work with various organizations who come to collect plastic waste at our doorstep. Each family is expected to segregate every bit of plastic waste that they generate like food wrappings, bottles, milk packets, pens, stationery, toothbrushes and so on for 15 days. The vehicles from these organizations pick up the plastic waste for recycling. 

    I am from Nagpur, a city that has the distinction of being a very clean and green city. I was a part of the nature club in my school days and my teacher had inspired us to be conscious towards the environment then. When I used to travel from Nagpur to Mumbai regularly during my college days, I used to see a lot of plastic being dumped on plants near railway lines. While plastic pollution is a topic for many drawing and essay competitions, concrete steps towards reducing plastic usage need to be taken by each individual and family. Once reduced, these recycling activities can be adapted for unavoidable plastic.

    Balancing a legal career with your other activities like pursuing Bharatnatyam (being a Nritya Visharad) and being an active runner and cyclist is impressive. How do you balance your professional and personal interests, and how do these activities contribute to your overall well-being?

    (Smiling)

    Time management is the key in today’s world. Of course, one cannot do everything at the same time, but if you plan the entire week or month in one go, then it’s easy to find time for most things. Our profession requires a calm and sharp mind and regular breaks with other activities help one to recharge oneself. I rekindled my interest in cycling during the lockdown, thanks to friends and it has stayed on for a long.  Bharatnatyam, again I must thank my teacher who continues to shower her blessings, and despite online classes drives the message of pursuing perfection in every class she takes. 

    Considering the evolving landscape of law and the world, what advice would you give to aspiring legal professionals and advocates who are part of the future generation, and how do you envision the role of legal experts in addressing the challenges and opportunities that lie ahead?

    In-depth reading and writing skills are very critical. As lawyers, it is not possible to learn all the laws, but if one develops the habit of regular reading it can make a difference. Along with reading interesting blogs and legal update channels that are available, I would like to repeat some advice that I got from my senior. He would insist that one should read one judgement daily and when you take the judgement, read it from beginning to end so that you understand how to appreciate the facts, arguments and the decision as well.

    Organizations are getting more and more conscious towards compliance these days. Opportunities are unlimited. Knowledge and effective communication in rich language are key essentials and one must try to develop these skills early on.

    Get in touch with Aarti (Shrivastava) Banerjee–

  • “I attribute my success to a combination of continuous learning, meticulous preparation, strategic thinking, adaptability, and dedication to my craft”- Sachiv Kumar, Senior Partner, SDS Advocates

    “I attribute my success to a combination of continuous learning, meticulous preparation, strategic thinking, adaptability, and dedication to my craft”- Sachiv Kumar, Senior Partner, SDS Advocates

    This Interview has been published by Pragya Chandni and The SuperLawyer Team

    Could you share a bit about your journey into the legal profession, particularly what led you to specialize in Banking & Finance and General Corporate law?

    My career path is a tapestry of diverse experiences, woven together by a passion and zeal for continuous learning and a relevant drive to understand the intricate legal landscape and providing strategic solutions to complex legal challenges. 

    My Journey of becoming a corporate lawyer has been very dynamic and full of exciting professional challenges. To sum up these extremely rich and eventful years (approx. 16 years) in a few sentences/para is surely an impossible task, however when I look back, the journey has been very rewarding and no experiences, challenges and detours have gone in vain. I have handled an enormous variety of matters and legal issues pertaining to Banking & Finance, General Corporate, Real Estate and Foreign Exchange Laws.  I also have experience in handling cross border deals encompassing Singapore and English laws. 

    My legal profession began when I secured placement from my college in India’s top private bank in 2008 and as an in-house counsel gained first-hand experience with the intricacies of financial laws, regulations and varied nature of transactions including project finance, corporate lending, syndications, consortium lending, etc. Working as an in-house counsel initially in a highly reputed private bank provided me with valuable insights into the legal challenges faced by financial institutions and complex documentations. This experience sparked my interest in specializing in Banking & Finance law, as I saw the opportunity to deepen my understanding of regulatory frameworks and provide strategic legal advice to financial entities. Within 4 years of my career, I was exposed to International banking and handled work related to English Laws, Singapore Laws, DIFC laws and worked on varied complex matters pertaining to these geographies along with all tier-1 international/domestic law firms and understood the nuances of International transactions which sparked my further interest in Banking and finance.

    Moreover, my role exposed me to various corporate matters, from contract negotiations to compliance issues, structuring the deals (including cross-border) and handling the clients on a day to day basis, which piqued my interest in General Corporate laws. My early days taught me to be disciplined, versatile, multi-tasking and detail oriented. 

    “You might find it funny but my friends used to call me ‘justice’ during my early days which some of them still continue to do and I was being labelled as ‘Hawk Eye’ because of my eye to minute details”. 

    What is your approach or philosophy to winning or representing a client and how do you balance the strategic needs of your clients?

    My approach inculcates ethics that best suit clients’ needs and works towards the satisfaction of clients. I have earned a reputation for the simple philosophy of “personal and prompt service and advice relevant to modern practical requirements of business”. My out of box thinking about a particular issue and providing a solution which is in the best interest of the client is what sets me apart. I take extra care to ensure that my client feels assured, focused and on track throughout the tenure of our arrangement.

    On various occasions, pointed out to me by my clients, my ability to deeply empathize with them, being able to put myself squarely in their shoes, and suggest a course of action that is in their genuine best interests even if it means it might not be so much in my own, has

    been the reason for winning the confidence of my clients. 

    One needs to understand that while negotiating you should only speak when it is required, be articulative, put in a fair offer and add value. While negotiating contracts my approach is to have a detailed eye on the minutest thing and find a balance. I don’t believe in taking extreme approaches and keep my calm and patience even if the discussion is going otherwise . No doubt for doing a proper negotiation you need to be prepared, have subject knowledge and confidence. I make sure that I have read the agreement and related laws before my negotiations and have thought about the best and worst outcome. 

    Balancing the strategic needs of clients with legal requirements in corporate advisory involves careful analysis and communication. I prioritize understanding the client’s goals and objectives, then develop strategies that align with both their business objectives and legal compliance. This often entails conducting thorough legal research, risk assessment, and collaborating closely with the client to ensure transparency and informed decision-making throughout the process. Effective communication and proactive management of expectations are key to maintaining this balance while navigating complex legal landscapes.

    I float ideas and suggestions and have my back up ready in case the initial recommendation/suggestion fails. Also I synchronised my thoughts and executed in such a manner that the other side get convinced with my arguments and advances. I give patient hearing to the points made by the other side and then ask them questions as to ‘why’ and ‘how’ the same is relevant to a particular issue. The idea/approach is to close the deal and find out the solutions so that the business is not affected and also legal requirements are met. There have been various instances where I have been part of major negotiations with bigger law firms/companies of the country, and I have been able to get the deal done in favour of my client with my negotiation skills and understanding of laws.

    With your extensive experience in both Indian and English law, could you highlight some of the key differences you’ve encountered when handling cross-border deals?

    Though Indian laws are based on common law principles, there are lots of differences between the two. The distinctions between Indian and foreign laws (including English Laws) encompasses various aspects, including the way commercial contracts are drafted, legal frameworks and jurisdictional principles, contract formation requirements, dispute resolution mechanisms, regulatory environments, and taxation considerations. 

    In most of the foreign geographies including England, there is no concept of stamping the contracts (except the debenture for mortgage of immovable assets), unlike India. There is no requirement of signing each and every page and only the last page is signed and executed as the burden of proof lies on the person denying the execution.  Anything above 2 (two) % of default interest is treated as damages, which can only be awarded by the courts, treatment of fixed and floating charges by the authorities under insolvency process. The loan agreement in foreign geography is based on standard Loan Market Association (‘LMA’) format in UK/European Countries and Asia Pacific Loan Market Association (“APLMA”) format which is a guiding factor and works as model loan agreements for use in various transactions and jurisdictions. Additionally, the compliance requirements, licensing procedures, and reporting obligations are slightly cumbersome in India unlike foreign countries which impacts the structuring and execution of cross-border transactions.

    Further, in Singapore, providing upward/cross guarantees are not easy unless some commercial consideration and corporate benefit is involved between the subsidiary (guarantor) and holding company. There is no requirement of board resolution in Singapore and the extract of ACRA is sufficient proof to evidence the persons authorised on behalf of the Company to execute the documents. 

    Your accolades speak volumes about your contributions to the legal industry. What do you attribute your success to, and how do you stay ahead in such a dynamic field?

    A lawyer’s work is perpetually exciting and stimulating. Please refer to the answer given in Question no.2 above, which is required to win your client and stay ahead in this dynamic field.

    Further, I attribute my success to a combination of continuous learning, meticulous preparation, strategic thinking, adaptability, and dedication to my craft. In such a dynamic field of law, staying ahead requires staying updated on legal developments, networking with peers, and being proactive in seeking out new opportunities for growth and innovation. Additionally, maintaining a strong work ethic and a passion for the law has been essential in staying ahead in this competitive environment.

    What sets me apart is my ability to understand clients’ wants, empathise with them, and ensure desired results in a time bound manner. Professionalism and courtesy towards my clients are my distinctive traits. One of my notable attributes is attention to detail and to leave no margin for errors. Reading large amounts of research, absorbing facts and figures, analysing material, and distilling it into something manageable is my key feature. In order to ensure that my clients feel assured and satisfied, I pass a legal problem through multiple screens and filters and subject it to multiple revisions to ensure a favourable outcome. 

    Further you need to be innovative in approaching clients nowadays as they have multiple options to get the desired result and to break the ice in this competitive environment one needs to be equipped with the target sectors. One of the innovative ways to get client’s attention is to keep updating your practice areas, your portfolio and your recent achievements on your website and periodically sharing information on various social media platforms and across various legal networking websites so that clients have easy access to them. Our team does extensive research on various RBI & SEBI Notifications/Circulars, Important Judgments and creates “Articles/Newsletters” and sends them to my clients so that they are informed about the latest changes in law. We are trying to focus more on making ourselves available and accessible digitally. Additionally, I also stay updated by reading newsletters/articles by other law firms and publications by legal databases/journals.

    Given your expertise in areas like Fintech Laws and Digital Lending, could you shed light on some emerging trends or challenges you foresee in these sectors?

    Certainly, In the rapidly evolving landscape of Fintech laws and digital lending, there are several emerging trends and challenges to consider:

    1. Regulatory Compliance: As Fintech innovations continue to disrupt traditional financial services, regulators are working to keep pace with new technologies while ensuring consumer protection and financial stability. Compliance with evolving regulations such as sandbox regulations, AIF regulations, Digital lending Guidelines, Digital Personal Data Protection Act, 2023, GDPR, and AML/KYC requirements, etc. remains a significant challenge.
    2. Data Privacy and Security: With the increasing digitization of financial services, the protection of sensitive consumer data/personal data becomes paramount. Fintech firms must navigate complex data privacy laws and implement robust security measures to safeguard against cyber threats and data breaches and would need to strictly adhere to DPDPA, 2023, otherwise there may be huge penalties.
    3. Digital Identity Verification: As digital lending platforms gain popularity, the need for reliable methods of identity verification becomes critical. Fintech companies are/should explore innovative solutions such as biometric authentication and blockchain-based identity verification to streamline the lending process while mitigating fraud risks.
    4. Default Loss Guarantee (‘DLG’): With RBI coming with an overall cap of 5% on DLG structure to the LSP under Default Loss Guarantee Guidelines and all-in-cost mechanism, the Fintech’s/FIs are finding it difficult to the do the business and time and again clarity has been posed to RBI.

    Navigating these emerging trends and challenges will require collaboration between Fintech firms, regulators, and other stakeholders to foster innovation while maintaining trust and stability in the financial system.

    Handling diverse finance deals, from ship financing to asset-backed finance, must present unique challenges. Can you share a particularly memorable or challenging deal you’ve worked on and how you navigated it?

    It’s very hard to think of a memorable or challenging deal as there are quite a few and I encounter the same ‘now and then’ and I have always believed in taking up challenges and don’t like doing work where there are no challenges. The recent being the resolution of Reliance Commercial Finance and Reliance Home Finance Limited, where the matter went up to Supreme Court where the issue encompassed SEBI circular, RBI framework on stressed assets, debenture holder rights, etc. 

    Though each case presents unique complexities, but with my ‘out of box thinking’, greater and clear understanding of the issue and by staying adaptable and keeping abreast of legal developments, I am able to overcome these challenges. I think from 360 degree on any problem and filter my thought process. My approach inculcates ethics that is best suited for clients, and I ensure to put their interests over and above everything. I act with reasonable diligence and promptness in representing a client and patience and never-giving attitude is the key. 

    In your experience, what are some common misconceptions/expectations that corporate clients have, and how do you address them?

    Some common misconceptions clients have:

    1. Cost: As there are a variety of corporate clients ranging from start up to mid-size and mid-size to big one, clients sometimes think that hiring a corporate lawyer will be too expensive. But we have modelled various categories of fee structures which are tailor made depending upon the complexity of matter and size of the corporation we are dealing with. For mid-size companies, we also offer a flexible retainership monthly model and navigate their day to day issues at a reasonable cost.
    2. Complexity: Clients sometimes believe that corporate law is overly complex and difficult to understand. We simplify legal concepts, providing clear explanations, and guiding them through the process step by step.
    3. One-size-fits-all solutions: Clients might assume that corporate legal solutions are standard and apply universally. We provide tailored legal advice to the specific needs and circumstances of each client’s business and tell them how a particular agreement cannot be used for some other deal.
    4. Timeframe: Clients may expect quick fixes or immediate results, underestimating the time required for structuring a complex contract or legal processes involved in achieving a desired result. We normally manage the expectations and provide realistic timelines so as to give quality services. In case of any urgent matter, we make sure that clients meet their deadlines even if we have to work extra hours.
    5. Importance: Some clients may not fully appreciate the critical role that corporate lawyer plays in protecting their business interests but in our discussions we have highlighted the potential risks of non-compliance and the benefits of proactive legal strategies.

    By addressing these misconceptions through clear communication, education, and personalized attention, corporate lawyers can help clients better understand the value and importance of their services.

    With your wealth of experience, what advice would you give to young lawyers aspiring to specialize in Banking & Finance and General Corporate law?

    Banking & finance is a wide spectrum. Being a banking lawyer gives you exposure to a wide variety of laws and clients. It encompasses lending, fintech lending, real estate, project finance, NCDs, Securitisation, syndications, issuance of equity, fund creation, etc. Not only as a banking lawyer but being a corporate lawyer requires resolute, unwavering, and fierce commitment to underlying principles of understanding and applying the laws. Needless to say, smart work coupled with hard work is the ultimate combination. 

    Some of my advice to young lawyers aspiring to specialize in Banking & Finance law or otherwise in any area of law would be:

    1. Passion and Zeal: First and foremost unless you are passionate and have the zeal to achieve, you cannot achieve the desired result. One needs to be mad for this profession and there is nothing called work-life balance, if you want to be successful in this profession. You need to make law your life and your life should be dedicated to law.
    2. Dream Big: Unless you dream, your dreams will never turn into reality and if you have to dream then why to dream small.
    3. Observe and Focus: Students must be very focussed during internships and should learn as much as they can and should not be in a hurry to leave early. Apart from learning legal knowledge, in my view internship is all about understanding the traits of becoming a lawyer. One should observe his/her seniors and learn the trick of the trade.
    4. USP/Impact: Create your own USP and be different from others. Make your presence felt. Please remember that it does not matter what you do, but it matters what impact and impression you create, when you leave the place.
    5. Delivery: Deliver more than what is expected.
    6. Responsible: Be responsible for your work and take onus for any mistakes. Committing a mistake is not an issue, but repeating the same and not admitting your mistake is a big problem amongst the current generation. Don’t give justification for your mistakes. Just admit it and move on. 
    7. In-depth Knowledge and Continuous Learning: Focus on building a solid understanding of  laws, including corporate law and financial principles. Read the books and bare acts instead of google research. Google is for reference and not the source of your opinion. Stay curious and open to learning. The legal landscape is always evolving, so ongoing education and professional development are critical for long-term success.
    8. Stay Updated: Keep abreast of industry trends, regulations, and market developments. The banking and finance sector is constantly evolving, so staying informed is key.
    9. Develop Analytical Skills: Hone your analytical skills to assess complex financial transactions and corporate structures. Attention to detail is paramount in these areas of law.
    10. Inter-personal skill: Build relationships with professionals in the field, including clients, mentors, and peers. Networking can open doors to opportunities and provide valuable insights. Develop strong communication skills, both written and verbal. Clear, synchronised thoughts and concise communication is key for a lawyer. One should be able to express what they think.
    11. Integrity and Professionalism: Lastly, uphold the highest ethical standards and act with integrity in all your dealings. Trust and credibility are invaluable assets in the legal profession.

    Get in touch with Sachiv Kumar-

  • “I strongly believe if you are clear on your fundamentals and have the right discipline, you can easily sail through different sectors and areas of practice”- Esha Chakravarty, Chief Compliance Officer and Group General Counsel Cloud4C/CtrlS

    “I strongly believe if you are clear on your fundamentals and have the right discipline, you can easily sail through different sectors and areas of practice”- Esha Chakravarty, Chief Compliance Officer and Group General Counsel Cloud4C/CtrlS

    This Interview has been published by Pragya Chandni and The SuperLawyer Team

    Can you walk us through your journey from starting out as a lawyer to becoming the Chief Compliance Officer & Group General Counsel at CtrlS Datacenters & Cloud4C? What pivotal moments or experiences influenced your career trajectory?

    I am a first-generation common law jurisdiction qualified lawyer and my professional journey in the realm of corporate/commercial law and compliance domain commenced in the year 2008. I however started working practically full time whilst I was in my second year of the 5 years integrated LLB degree.  The actual reason why I decided to pursue law is because I wanted to appear for the civil service examination. However, once I started pursuing my degree, I decided to change course.  To be honest, law is one of the most nepotistic professions with a strong web of family legacy creating a launch pad for the next generation in their family. As is the case with any first-generation lawyer who does not have any legacy support in this profession, I did have my fair share of challenges, both academically as well as professionally, at the nascent stage of my career. Whilst it appears like an incident from another lifetime, during moot courts, I recall my fellow students having very well drafted and researched memorials using the resources, support and guidance of their parent’s chambers whilst me having to struggle in this front given the lack of support.  Likewise, for getting my first internship, given the fact that my college was new back then with no well established up and running placement committee, I recall several days of door to door walk-in interview attempts in the law firms based out of Fort Mumbai.  However, I finally did succeed in getting my first internship with Legal Pundits, a case law repository portal.  I was very active in my college and participated and won various intra as well as inter college debates, GDS, Moots including state levels. I strongly when one is determined and clear as regards one’s intent, guidance and support comes from unusual and unexpected quarters. 

    Whilst interning at Legal Pundits, I participated in an Exhibition where Legal Pundits had put up a promotional stall. Whilst participating in the stall, I happened to meet a solicitor who was kind enough to guide me to pursue my articles for the solicitor’s exam if I were serious about learning and building a career in this profession.  Post my short stint in Legal Pundits, I wanted to pursue a litigation-based internship opportunity. However, as luck would have it, I was guided by a Senior Counsel, Mr. Naveen Parekh, whom my father engaged in one of his matters. Mr. Parekh  guided me on the constraints inherent in litigation, both from timelines and financial standpoint and suggested that I must try getting into a corporate law firm given the potential and scope.  As luck would have it, there was a sole placement posting by DPA, a corporate law firm in my college. I got into DPA and signed up for a 3 year article ship. 

    The advantage of interning in a small firm is that you get to handle all kinds of work and get tremendous exposure in all domains, be it work or billing or relationship management. I worked in DPA whilst pursuing my law degree and whilst it was tough to juggle between academics and full time internship, the tenure at DPA and the rigorous training and work pressure laid the groundwork in shaping me as a professional in the realm of discipline, hard work, tenacity and proactive approach.  When you have limited choices, you learn to make the most of whatever comes your way. I appeared for the solicitor’s exam and cleared all my papers. I however missed my degree by 4 marks!

    After my stint at DPA, where I got exposure to general corporate, commercial contracts, PE deal and real estate, I joined Majumdar & Co., after graduating in 2008 where I worked with Mr. Neerav Merchant, a partner handling general corporate and real estate for over 3 years.  My stint at Majumdar & Partner has played a crucial role in my professional journey.  This is because the level of discipline, diligence and focus on quality of work, be it research, drafting or client relations at Majumdar helped me inculcate the right values professionally. 

    After working in law firms for over 7 years, I decided to move inhouse. Post my transition into Aegis, the ITES arm of Essar group, the journey has been upwards and onwards with amazing exposure to both IT and manufacturing sectors thanks to my stint at UPL, an agrochemical company, Datamatics, an IT/ITES company, Nuvoco Vistas Corp, a top tier cement manufacturing company and now finally in CtrlS Datacenters Ltd., and Cloud4C as CCO and Group GC. 

    With your diverse background spanning law firms and in-house roles across various industries, what motivated you to transition between different sectors and types of legal practice?

    Whilst I was working with the law firms, I got the opportunity to work on matters pertaining to different sectors, including IT/ITES, Pharmaceutical, Agro-Chemical, Heavy Industry i.e., coal and oil, Production Houses, FMCG. When you have clients from different domains and are working on different sets of issues, you invariably work on very stringent deadlines and have no choice but to acclimatize yourself as regards the relevant nuances, key variables and the sector specific issues that will have an impact on your advisory. This initial training helps you manage your time well, focus on what really matters to ensure quick turn-around and time bound support. At times whilst working as external consultant, the position adopted by in-house counsels that were not in sync with academic legal advice baffled me. I therefore was very keen to move in-house to get a well-rounded perspective and understand what are the factors that go into the decision-making process. My training and exposure in the law firms equipped me to handle and manage issues pertaining to different sectors with ease.  The motivation therefore to work for different sectors and areas of practice was the keen desire to learn, understand and eventually add value to whatever I sign up for. The different types of work also break the in-built monotony as you are always on your toes tackling new issues. 

    I strongly believe if you are clear on your fundamentals and have the right discipline, you can easily sail through different sectors and areas of practice. 

    Your expertise encompasses compliance risk management, corporate legal, and litigation domains. Could you share some key challenges you’ve faced in these areas throughout your career, and how you’ve addressed them?

    The mindset and the preparation that is needed in a corporate commercial domain as against litigation and compliance is different at many levels. However, there is a clear interdependence amongst various verticals. Whilst every role and stent had its own set of challenges, if I were to summarize the key challenge that has been common across various roles and sectors is getting your stakeholders and internal clients to appreciate your position and the rationale behind your advisory to ensure that the role of legal and compliance is not looked upon as a mere “paper pushing” activity and that cost and consequence of non-compliance is understood and factored in. Working on stringent timelines with quick turnaround time certainly cannot be labelled as a challenge but is a natural incidence of the profession and one has to make peace with it.  On some occasions, I did face mansplaining, gender and age based adverse presumption and the consequent loss of opportunities given the inherent bias. However, I could manage to overcome these roadblocks and I must acknowledge the support of all my mentors and seniors in my workspace who helped me navigate and sail through the various challenges. There are certain key non-negotiable parameters to tackle challenges. For me it was being highly proactive, taking total ownership of what you sign up for, being empathic and ensuring that folks can count upon and trust you in all your endeavors. 

    Given your extensive experience in compliance risk management, what strategies do you find most effective in developing and implementing compliance frameworks within organizations, particularly in multinational contexts?

    This is a very crucial question and goes to the heart of the inherent challenges in the risk and compliance domain. The most important strategy is to impress upon all the stakeholders that compliance is a necessary business cost and that you have to do things right the first time to set the right tone and context.  The function of compliance is very intense and all-encompassing from a process, protocol and implementation standpoint and the key strategy is to create a culture of compliance. Setting the right tone from the top is equally crucial.  Compliance is not a function in isolation and it certainly is not a one man show!  For me, as a part of effective compliance strategy, the key elements have been (a) Setting the right tone from the top; (b) Keeping abreast with the latest tools/tech and implementing the same to effectively monitor and reduce manual errors; (c) Robust training and awareness programs; (d) Continuous internal and external diligences; and (d) Ensuring that there are well defined consequences in place in case of non-compliance. 

    You’ve worked with top-tier international law firms as well as leading corporates and MNCs. How do you navigate the differences in culture, priorities, and working styles between law firms and in-house legal departments?

    With the increased focus on compliance, cost management and time bound advisory, the in-house role has become more all encompassing and challenging. I know of some of my friends who transited from top-tier law firms to in-house and were in for a rude shock. They presumed that after their stint in law firms, an in-house role would be a cake walk. Honestly, they were in for a rude shock.  In an in-house space, the buck does not stop with simply giving an opinion and/or representing and you have your skin in the game vis-à-vis ensuring that you make all the stakeholders understand the risk to effectively manage and ring fence the exposure. Also, on any given day, when you are leading the legal and compliance function, you navigate through multiple issues. For example, in a single day, you will have issues ranging from reviewing a high value contract, to advising on HR issues having legal implications, to working on a PE deal, to finalizing the pre-litigation strategy to ascertain gaps in compliance management, policy updates and on and on.  Whilst at in-house, your internal clients are lay man and they may have different levels of sensitivity and maturity vis-à-vis risk management.  Making them see through and appreciate your rationale is a challenge that is only there in the in-house domain. 

    Data protection laws and regulations, such as GDPR and the UK Data Protection Act, have become increasingly complex and stringent. How do you ensure that your organization stays compliant with these evolving standards, especially in the realm of cloud services?

    As I said, compliance and evolving regulation is a function of business and my job is to ensure that the operational and Infosec alignment are in place in sync with the ever-expanding requirement.  We do this via keeping ourselves abreast with the latest developments in law,  updating our policies, implementing necessary technical and organization measures, continuous training, and creating an ecosystem that has cross functional review and risk assessment measures in place. 

    In addition to your legal responsibilities, you’ve also managed various real estate, IPR, employee, and franchise-related matters. How do you balance the demands of these diverse legal areas while maintaining high standards of legal counsel?

    My initial training of around 7 years in the law firm where we catered to clients from different sectors and advised on different issues helped me develop the right base to work and manage a variety of issues.  However, it is also important to keep in mind that managing manifold matters is not a one man show. At a leadership level, finding the right resource and external advisors having the necessary subject matter expertise has also helped in tacking and managing issues effectively. 

    As someone with extensive experience and success in the legal field, what advice would you offer to fresh law graduates or aspiring legal professionals looking to build a successful career in today’s competitive legal landscape?

    My advice to fresh law graduates is that there is no short cut and instant gratification in this profession. You must sign up to be a lawyer if you are in for a long haul! There is no option but to be prepared for continuous hard work. You will have to be very patient and tenacious. If you do not like reading, do not even think about getting into law for reading and law goes hand in hand. It is imperative to bear in mind that given the nature of the profession, it is very important to remain objective and detached to manage stress better and do justice to the matters you are handling. This profession is very demanding and you will invariably have to invest long hours, work on the weekends and make many sacrifices at personal front. It is therefore important to have a good support system.  Focus on continuous learning and have an open mind. Ensure that you are dependable and can be trusted professionally. 

    Get in touch with Esha Chakravarty-

  • “Continuous learning is a key for any legal professional and in current times one needs to adapt to the constantly evolving legal requirements”- Sajid Nissar Mir, Senior Counsel at the Standard Chartered Bank.

    “Continuous learning is a key for any legal professional and in current times one needs to adapt to the constantly evolving legal requirements”- Sajid Nissar Mir, Senior Counsel at the Standard Chartered Bank.

    This Interview has been published by Pragya Chandni and The SuperLawyer Team

    Can you please share a bit about your journey into the field of law? What initially drew you to pursue a career in this field, especially with a focus on corporate law?

    I am an accidental lawyer (lawyer by destiny not by choice). My journey into law was unexpected while growing up, I never imagined myself as a lawyer. During my school days I was crazy about sports (especially cricket), I wanted my passion for cricket to turn into a profession. I represented my state J&K in multiple youth competitions organised by BCCI. For a number of years, I went through the ranks of representing J&K in various national level trophies U-14, U-16 and U-19, which included Vijay Merchant, Vinoo Mankand & Cooch Behar Trophy. Also, I was among very few to have achieved a unique fear of being selected to play a national level university tournament (Vizzy Trophy) for Kashmir and Bangalore University.  However, God had some other plans and I ended up being a lawyer.

    During my college days, I just wanted to finish 3 years of my 5-year law course and get back to cricket. I had enormous support from my college, teachers, staff and friends during my entire law degree. It was because of few well-wishers in the college, I ended up staying back for 5 years and completing my law degree. Honestly speaking without those individuals, I wouldn’t have completed my law degree – A big thanks to all of them.

    After finishing my law, I took a break for a few months and started to think about my future. At that point my cricket was going as I expected and I made the decision to dive into law as a full-time career. I always wanted to start my law career away from my hometown and by doing so, I kind of restricted my areas of practice. How did I choose corporate law as a career option? I had limited options and time was running away, in my personal opinion to have a flourishing career in private practise it is important that one should be proficient in the local language of that particular place and the other option was to get in corporate side of law and catch up on the learnings which I had missed doing during my college days (like doing internships). I chose the latter, I wanted to develop strong business acumen and a solid legal foundation, corporate law just provided me the perfect platform. Also, corporate law exposes you to different laws/ regulations, you are hand in hand with various strategies of business, helps you understand the market dynamics and you are among the early adopters of new technologies around the world. These are a few reasons which were aligned with my interests, my education and my personality that I chose corporate law, and the journey hasn’t been an easy one.

    Ranging from data privacy to cybercrime protection, how do these certifications contribute to your approach to legal counsel, particularly in a fast-paced environment like the banking sector?

    Continuous learning is a key for any legal professional and in current times one needs to adapt to the constantly evolving legal requirements. The modus operandi of crime is rapidly shifting toward the internet, in India alone last year (2023) 1.13 million cases of financial cyber fraud were reported. So, it becomes pivotal for a legal profession to understand these new requirements and develop an approach which protects your organisation from getting exposed to these modern-day crimes regardless of the industry.   

    These law courses and certificates are a good source to gain specialized knowledge in different areas of law. It has definitely helped me to gain practical skills that are required in understanding, tackling and overcoming these new changeling regulations. I also make it a point to attend as many workshops, seminars and webinars conducted by various renowned law firms on the subject of data privacy and cyber security, as these events are very rich in content and backed by practical experiences.  I would recommend all the future professionals to participate in these events (when time permits), this would enhance their learning and help them in developing new skills. 

    As a Senior Legal Counsel at Standard Chartered Bank, you’ve been deeply involved in various aspects of contract drafting, negotiation, and compliance. Can you elaborate on how you balance the need for legal rigor with the demands of driving business growth?

    In the era that we are in, the role of an in-house lawyer has changed significantly from a decade ago. We need to act as business enablers rather than just legal advisers, this “value add” helps business growth of organisation.

    While being a business enabler, one must not forget that in-house counsel is the gatekeepers of an organisation. So, it is critical to deploy agile ways of working that adds commercial value to the organisation while keeping it safe, enabling it to achieve its strategy objectives with high integrity. In my current role the expectation from me is to provide advice proactively, be a business enabler, think in terms of risk (and reward), and draft documents in line with business expectations and regulatory requirements. I often get asked by my stakeholders to find solutions to various difficult questions and grey areas. But I do keep in mind my professional duty of acting in the best interest of the organisation and therefore it becomes important for me to view the question from a very different perspective than my business colleagues. While drafting or during negotiation of a particular transition regardless of the monetary value, I ensure strict adherence to the legal/ regulatory obligations, eliminating any possibility of non-compliance. 

    A crucial aspect of maintaining consistency in a rapidly evolving industry that prioritises business expansion is by knowing the boundaries between what is lawful and right (doing the right thing).

    In your role at Standard Chartered Bank, you’ve been instrumental in managing complex M&A activities and supporting various global initiatives. Could you walk us through a particularly challenging project you’ve tackled and the strategies you employed to navigate it successfully?

    Standard Chartered is an amazing place to work, especially the legal department. I have grown leaps and bounds over the past few years and gained valuable experiences. A big shout to my colleagues, the legal management team and my people leader for having faith and trusting me to take a lead on some of the complex initiatives, giving me absolute freedom to plan my strategies around these projects.  

    It’s quite difficult to pick one project, honestly every project or every transaction that I’m part of has its own set of challenges. One simple rule which I follow in my day-to-day activities is that while I am working on a matter, whether I am drafting or during contract negotiations, I never look at the names of the people/ organisations on the other side of the table, I keep my (woodpecker) focus on what is beneficial and risk free for my organisation. Last year I was given a task to empanel some of the best law firms in the world on the Bank’s global legal panel. The purpose was to use the expertise of these firms in complex scenarios across the Bank’s physical and digital footprint. The negotiations were intense and engrossing not only on the provisions of law but on policies as well, the successful completion of the project resulted in many appreciations and me getting an award.     

    Collaboration seems to be a recurring theme in your career, from brokering alliances with law firms to supporting cross-functional initiatives within the bank. How do you approach building and maintaining productive relationships with diverse stakeholders, both internal and external?

    The knowledge of the law remains one essential skill to be successful as an in-house counsel. However, the ability to develop strong relationships with stakeholders inside the business, outside counsel, and other external stakeholders to the business is critical and a crucial soft skill one must possess. Better working relationships lead to better teamwork which will help you to be less stressed, more engaged, more productive and avoid time-consuming disagreements. 

    I keep it very simple, there is no rocket science in developing this soft skill, I always put myself in others shoes to understand their requirements or pain points. First and foremost, in a house role your need to understand the business requirement, have a clear communication with internal stakeholders, clear any ambiguity, be an active listener, values their inputs or suggestions, provide them clear expectations/ timelines, go back to the drawing board and come back with a solution which should be within the boundaries of your organisational policies and regulatory requirements. Once all the internal stakeholders are aligned with the solution, I would engage the external stakeholders and replicate the similar process of communication. From many years this has really worked well for me and I have been able to build a very strong working relation within my organisation outside as well.

    Your experience spans both in-house counsel roles and consultancy positions. How do these different perspectives inform your approach to legal counsel, particularly in terms of understanding and addressing the needs of your clients?

    After 5 years of working in a corporation, I decided to take a bold and conscious step of moving out of corporate and getting into the consultancy side of law. The move wasn’t a knee jerk reaction instead it was a thoughtful decision, the primary reason being getting involved in complex legal work. The roles which I was doing in corporate were completely driven by processes and SOPs and barely required any intellect or any out of box thinking, so I felt I was restricting my skills, plus I wasn’t gaining any new knowledge apart from getting to know the corporate culture in India works (which sometimes is toxic). The move was challenging and I knew from the start it was not going to be a walk in the park, initially I started attending courts in Bangalore. After a few months, I got a retainer from a hospitality organisation and that was my first client. I was given an initial task to streamline their policies, website T&C’s, service agreements, and initiate an IP suit. I was able to successfully complete all the tasks and they offered me a permanent role, but I ended up rejecting that and continuing as a consultant. During the same time, I met a GC India of a large pharma conglomerate and he gave a task of initiating money recovery suits against many of their non paying clients, it was a 90 days assignment. I ended up working as a consultant for them for close to two years, streamlining contracts, managing external legal counsels, leading a winding up petition against a big hospital chain in India and closing down a few manufacturing factory units in India. The period of 3 years working as a consultant with many clients ranging from pharma, ecommerce, hospitality and media agencies gave me a rich experience of handling different legal requirements, which in turn helped me grow as a sound legal professional. 

    I never changed my approach towards work whether it was during my time as consultant or in house role. The basics of lawyering remain the same, doing the proper discovery, immaculate drafting, understanding the need, interpretation of statutes keeping in mind that your client or business is from a non-law background and being confident/ consistent.  Yes, a minor adjustment here and there that’s all was required while performing the roles. The legal needs of clients or businesses mostly revolve around being proactive (safeguarding measures) or in some cases being reactive (remedial actions). 

    Lastly, considering your extensive experience and achievements, what advice would you offer to law graduates aspiring to build successful careers in the legal profession, particularly in navigating the evolving landscape of business and compliance?

    Smile! I am still learning, I firmly believe achievements are yet to come, I can just relate it to my playing days, that I have just got into double figures and I need to convert this into a big hundred and then celebrate, so there is a long way to go.

    Legal profession is a noble profession, you should be trusted advisers, upright citizens and honest in your approach.  Your interests should not be our own, but should be those which align with the discharge of your duties to the law, to your client and as per the oath.

    As a budding lawyer, if your interests are in helping people in your day-to-day life, being an inspiration or being real (not role) model in society, here are few tips which you can be fruitful and helpful:

    • Stay Humble and Grateful.  
    • Continuous learning.
    • Be Forthright.
    • Exercise Diligence.
    • Go above and beyond.
    • Have Integrity.
    • Trusted Advisor.
    • Celebrate Success.
    • Smile.

    Also, you must spend time on becoming a lawyer of the future; a lawyer who is not only fluent in the law, but also the commercial and customer-centric demands of the profession (O shaped Lawyer). You need to bring in a change to the public perception of lawyers, which in many societies today is that lawyers are ripping off people, greedy, selfish and arrogant. Lawyers have a fantastic opportunity to make significant contributions to society. You are privileged, educated, articulate and hard workers – make use of your skills. As a young legal professional raises your bar, you should be beyond reproach, something that others strive to be like, and something you should be honoured to be a part of. There is no short cut to success as you keep learning, you need to put in some hard yards to master the art and by doing so you will evolve as a professional.  

    May your future be bright and prosperous! 

    Happy Lawyering!

    Get in touch with Sajid Nissar Mir-

  • “By combining specialization, practical experience, and effective networking, aspiring legal professionals can lay a strong foundation for a rewarding career in intellectual property law or corporate governance”- Rajarshi Bhuyan, Principal Attorney at CB&I 

    “By combining specialization, practical experience, and effective networking, aspiring legal professionals can lay a strong foundation for a rewarding career in intellectual property law or corporate governance”- Rajarshi Bhuyan, Principal Attorney at CB&I 

    This Interview has been published by Pragya Chandni and The SuperLawyer Team

    Could you share a bit about your educational journey, particularly how you transitioned from your LL.B. degree to pursuing LL.M. in Intellectual Property Law at The George Washington University Law School?

    While completing my BA.LL.B, I enrolled in a diploma course in Intellectual Property Laws at the Indian Institute of Law during my third year of law school. It was during my fourth year, as part of my curriculum, that I delved deeper into Intellectual Property law, sparking a keen interest in the subject. By the time I reached my final year, my aspiration for higher education had crystallized, leading me to forgo immediate employment in favour of pursuing advanced studies. I applied to several esteemed law schools in both the US and UK renowned for their offerings in Intellectual Property Law. Upon receiving admission to George Washington University, widely recognized for its excellence in this field, my decision was made without hesitation.

    Your LL.M. focused on Intellectual Property Law, among other areas. What sparked your interest in this field, and how has this specialization influenced your career path?

    I became interested in intellectual property law (IP) while studying it during my undergraduate studies. It is fascinating because it mixes law, technology, creativity, and new ideas. During my LL.M., I became even more interested in the subject. In today’s corporate landscape, whether working as a corporate lawyer for a multinational corporation in industries such as oil and gas, IT, pharmaceuticals, or others, it’s imperative to have a keen awareness of the intellectual property (IP) owned by your company. Understanding how to safeguard these assets from infringement is paramount. My master’s degree in Intellectual Property Law has played a pivotal role in meeting this requirement. I’ve found that understanding and safeguarding intellectual property is crucial for the success of any company. It’s been instrumental in my ability to comprehend and effectively protect the intellectual property assets of the organization I work for.

    You’ve had significant experience in both law firms and corporate legal departments. How did these varied experiences shape your understanding of legal practice, especially in the context of intellectual property law and corporate governance?

    Upon completing my master’s degree, I sought advice from industry peers and well-wishers who advised me against exclusively focusing on IP at the outset of my career. As a result, I began my career in litigation. After gaining experience in litigation for several years, I transitioned into a role as a corporate lawyer within a software company. It was within this company that I once again engaged with IP matters. Particularly during negotiations for licensing agreements, my prior experience with IP proved invaluable.

    Can you elaborate on your role as a Principal Attorney at McDermott, specifically in the domain of sustainability and governance? How do you integrate legal expertise with sustainable practices within a corporate environment?

    As Principal Attorney at McDermott, my responsibility is to assist our supply chain team in their endeavours to procure materials and services essential for project execution. In addition to contract negotiation, my team and I provide legal training to enhance their understanding of relevant clauses, thereby empowering them during negotiations. Ensuring adherence to the code of business conduct is paramount in all our activities, particularly concerning sustainability and governance initiatives.

    You’ve worked extensively in drafting and negotiating various contracts, including those related to engineering procurement. How do you navigate the complexities of legal frameworks across different jurisdictions, given your experience in regions like the Middle East, India, Europe, and Africa?

    In our contractual agreements, we opt for common law as our governing jurisdiction. This choice is deliberate, as contracts governed by common law principles share remarkable similarities across various jurisdictions worldwide. This uniformity simplifies our navigation of legal frameworks and enhances our ability to manage contractual obligations effectively across different regions and jurisdictions.

    As someone deeply involved in legal compliance and risk management, how do you stay updated with evolving regulations, especially in areas like intellectual property and corporate mergers?

    As someone deeply involved in legal compliance and risk management, staying updated with evolving regulations, especially in areas like intellectual property and corporate mergers, is crucial. I employ various strategies to ensure I’m informed about the latest developments. This includes continuous learning through workshops and seminars, staying updated with legal publications and journals, active participation in professional networks, regular engagement with legal counsel, and monitoring government and regulatory websites for official updates. These efforts enable me to proactively manage legal compliance and mitigate associated risks for our organization.

    Transitioning from law school to your current role, what were some of the challenges you faced, and how did you overcome them? Are there any lessons you learned along the way that you would like to share with aspiring legal professionals?

    It has been over a decade since I graduated from law school, and I must say, it has been a journey of continuous learning for me. Transitioning from litigation to corporate law posed its challenges. Initially, my experience in litigation wasn’t fully recognized, and I found myself starting from scratch in the corporate world. However, as time progressed, my background in litigation has proven to be advantageous. Today, it gives me a unique edge over other corporate lawyers.

    To all aspiring legal professionals, I offer this advice: remain open to learning every day. Be like an empty vessel, ready to absorb new knowledge and experiences. This mindset is essential for growth and success in the legal field.

    Finally, considering your journey and expertise, what advice would you give to fresh law graduates aspiring to build a successful career in intellectual property law or corporate governance?

    For fresh law graduates aspiring to excel in intellectual property law or corporate governance, specializing and staying informed are paramount. Choose a specific area within these fields and immerse yourself in its intricacies, constantly updating your knowledge with the latest developments and regulations. Practical experience is equally crucial; seek internships or entry-level positions to gain hands-on exposure and insight into real-world applications. Additionally, effective networking is key to building a successful career. Engage with professionals in the industry through events and associations, fostering relationships that can provide valuable guidance and opportunities for growth. By combining specialization, practical experience, and effective networking, aspiring legal professionals can lay a strong foundation for a rewarding career in intellectual property law or corporate governance.

    Get in touch with Rajarshi Bhuyan-

  • “Put in all your heart and soul in learning all there has to be learnt in whatever field of law you want to practice and trust me truckloads of money will follow you eventually” – Gaurav Miglani, Managing Attorney at Worldwide Intellec.

    “Put in all your heart and soul in learning all there has to be learnt in whatever field of law you want to practice and trust me truckloads of money will follow you eventually” – Gaurav Miglani, Managing Attorney at Worldwide Intellec.

    This interview has been published by Namrata Singh and The SuperLawyer Team

    Starting with your journey, could you share with us how you began your career in law, particularly focusing on your early days and what drew you to specialize in Intellectual Property matters?

    A career in law was almost a given, since I grew up seeing my father, who’s also a lawyer, burn the midnight oil to build up his law practice and how despite putting in hours and hours of his day in his cases, he never seemed to get tired, his determination fuelled by the sense of satisfaction he derived from achieving justice for his clients. Since my father’s practice primarily focuses on IP law, my own interest in this branch of law was undoubtedly influenced by him. However, I also consider myself fortunate to have entered the legal profession during a pivotal moment in India’s legal landscape, when our laws were being amended to ensure they are TRIPS compliant. This period marked a significant turning point in the discourse surrounding intellectual property in India, and I was eager to be a part of the dynamic debate and evolution within this field.

    Being actively involved in organizations like the International Trademarks Association (INTA), what inspired you to take up leadership roles in the organization, and what are some of the key responsibilities you undertake in your current positions?

    I was fortunate to become a part of INTA early in my legal career, joining from the very first year I became a lawyer. INTA has played a crucial role in broadening my understanding of IP law, not just within the context of India but also on a global scale, keeping me informed about the latest developments and trends in the field and forging lifelong friendships with lawyers around the world. As I dedicated my efforts and time to volunteering with INTA to advance its objectives, I found myself taking on leadership roles within the organization.

    Currently, I have the privilege of serving as the Chair of INTA’s enforcement committee, which is an integral part of INTA’s Advocacy Group. In this capacity, my responsibilities are to lead a team of about 180 members from around the world examining legislations and IP policies worldwide, particularly focusing on enforcement issues. We advocate on pressing matters in IP, aligning our efforts with INTA’s established positions on these issues. It’s truly fascinating work, and I find great satisfaction in contributing to the advancement of IP law on a global scale.

    As the Managing Partner of Worldwide Intellec, you hold a significant leadership role within the firm. Could you tell us about your responsibilities in this position and how you navigate the balance between overseeing the firm’s operations and continuing to actively engage in legal practice?

    Running your own firm, regardless of its size, presents a stark contrast to being solely a practicing lawyer. The role of a Managing Partner encompasses a multitude of responsibilities beyond legal matters. It involves overseeing operations, managing human resources, ensuring efficient billing processes, and ultimately taking accountability for anything that goes wrong, regardless of its origins. My responsibilities extend to maintaining a comprehensive overview of all aspects of the firm’s functioning.

    While I refrain from micromanaging every detail, as it’s neither feasible nor conducive to productivity, there are instances where my intervention becomes necessary. Striking the right balance between attending to the firm’s administrative needs and continuing to actively engage in legal practice is indeed a delicate task. It entails allocating time effectively to both facets of my role—nurturing the growth of the firm while also fulfilling my duties as a practicing lawyer.

    In your opinion, what are some of the biggest challenges currently facing the field of Intellectual Property, and what steps do you think can be taken to address them effectively?

    In my opinion, one of the most pressing challenges confronting the field of Intellectual Property (IP) is the rise of artificial intelligence (AI) and its implications for IP law. While it’s challenging to single out one issue as the most significant, the rapid advancement of AI presents a formidable obstacle and challenges the very fundamentals of IP law. The trajectory of AI development is bound to test the boundaries of IP law in unprecedented ways.

    As AI continues to evolve, we’re encountering complex questions regarding ownership, authorship, and the protection of creations generated by machines. It’s inevitable that we’ll need to grapple with the legal frameworks surrounding machine-created inventions. Embracing AI-driven innovations will necessitate a re-evaluation of existing IP laws to ensure they remain relevant and effective in the face of technological progress.

    As the Chair of the Enforcement Committee and Co-Chair of the Global Advisory Council for South East Asia at INTA, what are some of the key initiatives or projects you’ve been involved in, and how do they contribute to the field of Intellectual Property enforcement?

    As part of the Enforcement Committee at INTA, I’ve had the privilege of being part of various initiatives that significantly contribute to the field of Intellectual Property enforcement.

    One notable project we recently undertook within the Enforcement Committee was the comprehensive evaluation of laws pertaining to preliminary injunctions across more than 60 countries worldwide. This involved analysing existing practices and identifying best practices in this aspect of IP law. Additionally, we conducted a thorough examination of laws concerning the grant of damages in several jurisdictions, pinpointing areas where legislative gaps exist and improvements are needed.

    These endeavours resulted in the formulation of board resolutions by INTA, reflecting the collective insights and recommendations of our team. Witnessing the culmination of efforts into concrete policy positions is immensely gratifying. It underscores the importance of collaborative efforts in shaping the landscape of IP enforcement.

    You’ve been invited to speak at various seminars and conferences worldwide on Intellectual Property issues. Could you share a bit about the topics you’ve addressed and the experiences you’ve gained from these speaking engagements?

    I have been fortunate to have the opportunity to share my experiences and insights in the field of Intellectual Property (IP) law at numerous seminars and conferences worldwide. Each of these engagements has played a pivotal role in broadening my perspective and deepening my understanding of various facets of IP.

    From conducting IP awareness programs aimed at educating stakeholders about the importance of intellectual property rights, to delving into complex topics such as digital rights management and copyright law, I have had the privilege of addressing a diverse range of subjects. These speaking engagements have allowed me to engage with audiences from different backgrounds, facilitating meaningful discussions and exchanges of ideas.

    One particularly notable experience was speaking in Geneva at the 15th session of the Advisory Committee on Enforcement (ACE) convened by the World Intellectual Property Organization (WIPO). This platform provided an invaluable opportunity to contribute to discussions on global IP enforcement strategies and initiatives, alongside esteemed delegates from around the world.

    In today’s digital age, online infringement of intellectual property is rampant. How do you approach the challenge of protecting your clients’ IP rights in the virtual realm, particularly in the face of emerging threats like deepfakes and AI-generated content?

    In today’s digital landscape, the rampant infringement of intellectual property (IP) online presents a formidable challenge for lawyers tasked with protecting their clients’ rights. What I’ve learned is that there’s no one-size-fits-all strategy in this world. Each case presents its own unique complexities, and what works in one instance may not be applicable in another.

    Emerging threats like deepfakes and AI-generated content further complicate matters. While it’s tempting to rely solely on legal frameworks to address these challenges, the reality is that a multifaceted approach is necessary. As the saying goes, “When all you have is a hammer, everything looks like a nail.” Instead, the solution lies in a combination of technology and law.

    Integrating technological solutions alongside legal strategies can enhance our ability to combat online infringement effectively. This might involve employing digital tools for monitoring and detecting unauthorized use of IP, implementing robust encryption and authentication measures, and leveraging artificial intelligence for proactive enforcement measures.

    By embracing a holistic approach that incorporates both technological advancements and legal expertise, we can better safeguard our clients’ IP rights in the virtual realm. It’s imperative that we remain adaptable and innovative in our approaches to address the evolving landscape of online infringement.

    Apart from your professional endeavours, do you have any personal hobbies or interests that you enjoy pursuing in your free time?

    Well, between the demands of practicing law and running a firm, free time is a rare commodity. But when I do manage to carve out some moments, I like to retreat to my first love – music. Playing the piano has always been a passion of mine, and I’ve even set up a small recording space of my own. It’s my go-to sanctuary when I need a bit of solitude and creative expression amidst the hustle and bustle of professional life.

    Given your wealth of experience, what advice would you offer to the current generation of professionals aiming to build a successful career in law, particularly in the realm of Intellectual Property?

    The practice of law can be very demanding. Do not give up, and do not work for money in your formative years. Put in all your heart and soul in learning all there has to be learnt in whatever field of law you want to practice. And trust me – truckloads of money will follow you, eventually!

    Get in touch with Gaurav Miglani–

  • “I think it’s important to bear in mind that we always need to keep our clients’ interests paramount and advocate their cases accordingly, whether before a regulator or across counterparties in any deals”- Rohan Kumar, Partner at Quillon Partners

    “I think it’s important to bear in mind that we always need to keep our clients’ interests paramount and advocate their cases accordingly, whether before a regulator or across counterparties in any deals”- Rohan Kumar, Partner at Quillon Partners

    This Interview has been published by Pragya Chandni and The SuperLawyer Team

    Can you share with us what initially sparked your interest in pursuing a career in law, especially in the field of corporate transactions and mergers and acquisitions?

    From my days in high school, when I needed to make a decision on my career, I was quite clear that I wanted to take up a career in law. I felt that a legal career would give me flexibility across other disciplines as well, such as journalism (which was my second option). While all my internships in law school were with litigators and litigation firms, I realised thereafter that my interest and skill sets were more suited to corporate transactions. Having said that, I still believe that all young lawyers should ideally start off with a litigation practice to gain an understanding of our courts system. Contracting, conveyancing and litigating in the courts (or in arbitration) are all inter-connected. If you look at any of the older generation of lawyers, they are equally comfortable in a court, arbitration process, or negotiating an M&A or financing deal.

    With over a decade of experience advising clients across various sectors, could you highlight a pivotal moment or experience that solidified your passion for corporate law?

    I don’t think I can highlight any one moment. It’s a gradual process. Certainly, after the initial 3-5 years of practice, I did see myself working as a lawyer long-term and I continue to enjoy my work. The regulatory developments and changing business requirements ensure that there’s always a challenge to confront.

    You’ve worked with esteemed law firms in India for several years before joining Quillon Partners. How did these early experiences shape your understanding of the legal profession and influence your career trajectory?

    Each experience was unique and fulfilling. I have been extremely lucky to always have worked with not just wonderful lawyers, but wonderful human beings. My early experiences taught me the value of attention to detail, hard work and the right attitude. The rest will fall in place.

    Your representative experience includes advising on significant transactions such as fundraise, investments, and mergers. Can you walk us through one of the most challenging projects you’ve tackled and the strategies you employed to navigate it successfully?

    I was advising a client on a fast-track merger sometime around 2017-2018, which is when the provisions had been recently introduced and notified. The process was getting delayed, impacting the companies’ operations. We didn’t really have a template process / precedent to follow, other than the merger approvals under the regular S.230-232 provisions. I decided to appear before the Regional Director’s office to allay their concerns, pointing out relevant precedents under the regular S.230-232 provisions and we managed to secure the approval shortly thereafter.

    Another challenging project was securing merger-control approval from the CCI back in 2013. It was one of the first merger-control filings our office was handling (the merger-control provisions had been notified a few years previously).

    I think it’s important to bear in mind that we always need to keep our clients’ interests paramount and advocate their cases accordingly, whether before a regulator or across counterparties in any deals.

    Having published articles on key reforms proposed by India’s capital markets regulator, could you discuss the importance of staying updated with regulatory changes in the legal field, especially in your area of expertise?

    I cannot overemphasise the importance of staying updated with regulatory changes and developments. This impacts the advice we give our clients on a daily basis, whether in terms of structuring transactions or negotiating an investment. It’s a key differentiator in providing high quality and effective advice.

    Transitioning from the Bangalore office to the Mumbai office of Quillon Partners, what factors contributed to this move, and how has it impacted your professional growth?

    It’s been a wonderful experience, with a new set of challenges. It’s really taken me out of my comfort zone, but I have enjoyed the transition. Of course, it’s helped that I continue to work out of both the Mumbai and Bangalore offices and get to enjoy the best of both worlds. As an M&A lawyer, it just made sense to make the move, but I also needed to be sure of working with the right set of people. In a world that’s increasingly interconnected and where physical boundaries no longer remain a challenge, I felt it shouldn’t really make a difference, whether I’m based out of Mumbai or London or Singapore.

    Drawing from your extensive experience, what advice would you offer to law graduates aspiring to specialize in transactional law and navigate the complex landscape of corporate transactions and mergers?

    Don’t stop learning. Whether we have completed 5 years or 15 years of post-qualification experience, we need to keep learning, given the demands of this profession. Don’t restrict yourself to strictly ‘legal’ knowledge. Expand your horizons of learning. Keep abreast with great cinema, the arts and culture. This better informs your skill sets, especially soft skills, which is invaluable as a lawyer.

    Get in touch with Rohan Kumar-

  • “If you’re committed to making a positive impact, integrating accessibility into your daily interactions and engagements is essential.” – Dr. Kalyan C. Kankanala, IP Attorney and Managing Partner at BananaIP Counsels

    “If you’re committed to making a positive impact, integrating accessibility into your daily interactions and engagements is essential.” – Dr. Kalyan C. Kankanala, IP Attorney and Managing Partner at BananaIP Counsels

    This interview has been published by Namrata Singh and The SuperLawyer Team

    Dr. Kalyan, as a founder, could you  give us an overview of BananaIP Counsels and describe your current responsibilities within the  firm?

    Absolutely. At BananaIP Counsels, we pride ourselves on being a forward-thinking IP firm that is not only technology-driven but also champions diversity, with a strong emphasis on women leadership and inclusivity of persons with disabilities. Our combination of technological specialization, legal expertise, and business insight allows us to  provide high quality IP services to clients.

    Our firm has specialized departments led by experienced partners in various technology sectors.  Additionally, we also have focused departments dealing with Trademarks, Copyrights, E-commerce Law, Entertainment Law, Open Source Law, and Technology Law, some of which are integrated IP divisions.

    In my current role, I lead the innovation, consulting, and strategy department of the firm. Our department focuses on the strategic IP needs of our clients, and the professional growth and knowledge development of our associates. We handle strategic and complex IP projects that cover a broad spectrum, from IP mining and audits to devising IP protection strategies, and from resolving disputes to facilitating licensing and commercialization efforts. 

    Interesting! We noted that this year marks the 20th anniversary of BananaIP Counsels. Could you share some insights into the firm’s evolution and highlight some of the key milestones achieved along the way?

    BananaIP Counsels is marking its 20th anniversary this year, having initially taken root in IIM Bangalore’s entrepreneurship cell (NSRCEL) back in 2004 as Brain League IP Services. Our journey through the years has been a tale  of survival, stabilization, and success. Despite the hurdles and destabilizing events encountered along the way, we have achieved at least part of what we set out to do. We believe that our efforts have   contributed to the current IP ecosystem in India at different levels. Overall, our endeavors over the past 20 years have fostered IP knowledge development, human capital growth, policy and legislative advancement, and the enhancement of IP service standards.

    From your experience, what is your assessment of the current IP landscape in India? Additionally, can you tell us your predictions for its development over the next decade?

    Over the past twenty years, the Intellectual Property (IP) system has witnessed considerable advancements in terms of IP filing numbers, the processes and systems introduced by the IP office, enforcement mechanisms, and the judiciary’s responsiveness. As of now, the IP system in India can be described as ‘reasonably friendly’.

    Despite these advancements, there remains substantial work to be done to cultivate an IP ecosystem in India that is both business-friendly and equitable. Currently, the system faces challenges such as limited accessibility, inconsistency and diversity in Court processes and speed, difficulties in digital IP enforcement, an underdeveloped licensing framework, and low hygiene levels. Over the next five to ten years, I anticipate progress in these areas, and I also expect a significant rise in IP filings and registrations.

    I believe the upcoming decade will be a ‘golden era’ for IP in India.

    With the ongoing discussions around Artificial Intelligence (AI) and its influence across sectors, what impacts do you foresee AI having on the field of IP, specifically regarding IP management and practices?

    Today’s discussions on AI encompass a range of IP issues, including protectability, ownership, enforcement, and dispute resolution. While important, these topics will not be the focus of this response. Instead, I will briefly touch upon how BananaIP is leveraging AI in our operations and our future plans for its use.

    BananaIP has always been an early adopter of technology, and we have developed several tools to enhance the quality and efficiency of our work. Currently, we utilize AI to assist us in reviewing and refining our work products, and to supplement some of our file management  and communications.  Due to concerns over confidentiality, we do not use AI for drafting patents and designs at this time.

    Additionally, we have developed complementary tools that aid in file management and the review of competitor filings. We are also in the process of creating predictive and analytical tools aimed at automating audits, portfolio management, and project documentation.

    While General AI has the potential to draft legal documents, the quality of its current output does not yet meet our firm’s standards. However, we anticipate significant advancements in this area, and believe that AI will soon be capable of producing first drafts that exceed the quality produced by our new recruits. Although we do not foresee AI replacing IP professionals in the near future, we do expect a notable adjustment in the distribution of tasks and responsibilities.

    Looking ahead, our goal for the next three years is to develop proprietary tools that will assist us in creating certain deliverables, reviewing projects, and automating manual processes.  Whether we like it or not, I believe that the IP profession has to adapt to the advancements in AI technology, and we must reconsider some of our current  practices. 

    Based on your experience, do interdisciplinary teams having technology, law and business experts work well together? What has your experience been?

    Our experience with interdisciplinary teams has been excellent. The interdisciplinary approach at BananaIP fosters a stimulating and intellectually rewarding work environment. Our operational model blends the openness of research labs with the structured discipline of law firms. Our team comprises technology specialists, many of whom are also qualified patent agents or attorneys with a deep understanding of  the law. Our lawyers   specialize in IP, and have an open mind to learning the science and technology relevant to their work. They   bring unique perspectives and contributions to each project, which  add significant value to our work products.

    We have learned that  BananaIP does not function like a typical law firm, and has  a unique culture. Can you tell us about your culture and values?

    BananaIP offers a welcoming, intellectually stimulating and open work environment. We value balancing work and life as much as we value our clients’ IP and business needs. Unlike many IP law firms, we don’t have a strict hierarchy and rigid structures. Our structure is mostly flat. Diversity, equity, and inclusion are  integral to our culture and values.

    Honesty, integrity, and dedication to our client’s cause form the core of  all our services.

    You have been talking a lot about accessibility off late, why do you believe accessibility is crucial for the IP system?

    One of the primary objectives of the IP system is  the benefit of the public. It  promotes creativity and inventive activity, and grants exclusive rights over inventions and creations with the objective of   eventually benefitting the general public. This objective is achieved through access, disclosure and publication of ideas and creations, and unless  these are fully accessible, a large portion of the public will not be able to benefit from them. In other words, accessibility of the IP system and   disclosures plays an important role in achieving the ultimate goal of  public benefit, and if there is no accessibility, the very purpose of the IP system  will not be served. Therefore, it is important to make the IP system fully accessible to everyone, and to ensure that no one is left   behind.

    In your interactions, you have often highlighted the suitability of the IP profession for individuals with disabilities. Could you explain your perspective on this?

    Certainly, to start with, let me state that I am a person with blindness, and  I have been able to  successfully practise as an IP attorney. This of course would not have been possible without the help and assistance of my colleagues, and confidence reposed in me by my clients. From my experience in the field, I strongly believe that the IP system is very suitable for persons with disabilities. Many reasons led me to this belief, and I will tell you three of them:

    A. Firstly, IP  filing and prosecution is today fully online, and one can practise   this without the  barriers  relating to physical movement and inaccessible premises. Several Courts have also gone online, and  have    taken some steps to facilitate accessibility of documents and materials.

    b. The IP Office  has issued accessibility guidelines, and has established a system to seek  reasonable accommodations. While there is much to be done to make its online systems fully accessible, the IP Office has shown the intent to do so. This makes it relatively easy for persons with disabilities to  overcome accessibility hurdles, and participate fully/equally  in the IP process.

    c. To get into this profession, a person with a disability need not be a lawyer. Persons with any degree can qualify as trademark agents, and  persons with a technical background can get into the patent profession.

    Overall, the IP profession is welcoming, and companies are not too uncomfortable in working with persons with disabilities. In my opinion, if a person with a disability is looking for an option that provides independence, autonomy, and respectability, the IP profession is a good  choice.

    You have been  interacting with  the Indian IP Office to improve accessibility to persons with disabilities. What  do you think the IP Office must do to make its systems and processes accessible to persons with disabilities? 

    The IP Office has taken an important step by releasing guidelines to improve access for all. However, this intention needs to be put into practice effectively. The IP Office  must take the following steps:

    a. The IP Office should organize training sessions to educate their staff about the needs of individuals with disabilities and highlight the importance of providing access. Currently, many officials believe that they have the right to refuse accessibility requests, thinking that the rules in IP laws are more important than the requirements of the Rights of Persons with Disabilities Act. Changing this mindset will make it easier for individuals with disabilities to engage with the IP Office.

    b. It is also important for the IP Office to enhance the accessibility of its online platforms. Despite some progress, their systems do not meet essential accessibility standards. Improving the accessibility of their filing systems and documents would be significantly beneficial.

    c. Furthermore, the IP Office has to consider issuing guidelines or circulars that require the submission of documents in an accessible format. This will ensure that everyone, including those with disabilities, can access these documents easily. Many High Courts have already required documents to be submitted in a format that is readable by optical character recognition (OCR), and the IP Office should follow this example.

    By implementing these measures, the IP Office can facilitate full and equal participation of all individuals, including those with disabilities, in the IP process.

    These steps do not seem very complex, and we hope the IP Office will look into them seriously. We noted that you recently published a book on accessibility entitled ‘Understanding Accessibility’ in which you  have  pointed out that everyone can contribute to accessibility. Can you tell us how we can do that?

    Well, if you have the intent and willingness to make a difference, you may consider  the following simple steps:

    1. Share any document or information you file or distribute in accessible formats. This is easy, and you may consider doing this for   all types of documents you share in general, or file before Courts or Tribunals. Here is a link that gives accessibility guidance for word documents, PDFs, and PPTs: https://www.adcet.edu.au/inclusive-teaching/accessible-content/accessible-documents
    2. Whenever you  share something on social media, ensure that  you include alternative text, image descriptions, video captions, etc. Most social media and messaging platforms have enabled these features, and all you need to do is spend an extra minute to make your post, photo, video, or document, accessible. You will find some accessibility tips at this link: https://disabilityin.org/resource/creating-accessible-social-media-content/

    I hope you will consider  incorporating these as a part of your day to day interactions and engagements.

    Thanks a lot for giving me this opportunity.

    Get in touch with Dr. Kalyan C. Kankanala–

  • “The major problem that multi-million dollar companies face while entering India to expand is choosing the wrong shareholding structure and wrong business structure delaying the corporate compliances and inviting various penalties”- Nipun Khanna, Founder, Startup Solicitors LLP

    “The major problem that multi-million dollar companies face while entering India to expand is choosing the wrong shareholding structure and wrong business structure delaying the corporate compliances and inviting various penalties”- Nipun Khanna, Founder, Startup Solicitors LLP

    This Interview has been published by Pragya Chandni and The SuperLawyer Team

    Can you share with us your journey into law? What motivated you to pursue both chartered accountancy and a bachelor’s degree in law?

    Since I was born in the family of lawyers, I would further like to say that both my grandfather and my father, who themselves were in the field of law as regular practitioners mainly in the state High Court & from them I was fully inspired to join the profession of law. My elder brother who already had preferred to join the same profession in the established law firm Khanna And Associates. Being fully inspired & encouraged joining the law firm passionately, & finding fully satisfied positively ensuring myself in choosing this right path into the profession of law. 

    It needs no mention to state that the repute and the status that this profession owed to our family is un parallel and being able to make an impact in the society by using the law in the best interest of the society is always the motivation behind pursuing the law

    Not to forget the black uniform, the British formalities, and being able to express yourself more profoundly seemed charming to the younger version of me back in the days of opting for law.

    I always wanted to work with big corporations shoulder to shoulder and thus law and chartered accountancy both has opened this gateway for me. 

    Your expertise lies in a diverse range of legal areas, from corporate compliance to taxation and intellectual property. How did you develop such a multifaceted skill set?

    When you plan to work in business law, you have to equip yourself with whatever it takes. There is no exception to that. As a corporate lawyer your job expects you to guide your client in all the aspects of law applicable to them and since your client is a corporate entity you have to equip yourself with all the laws applicable to the entity and such dynamics keep changing with the change of law or change of business circumstances.

    Your expertise has to vary in various areas of corporate/business law :

    1. Whether it is forming/incorporating a company in the best business structure for your clients business.
    2. Devising the best tax strategy, acting as their legal architect, formulation of a plan for them to execute their business or routing the funds by abiding the banking laws thus forcing you to become an expert in banking law as well.
    3. Once when the company is set up then you have to devise various internal controls for which you have to be well versed with various auditing procedures, practices and standards enabling you to guide your client entity to manage itself without disputes and with full transparency. Thus Auditing knowledge comes into picture and you are required to have the knowledge of this field.
    4. When your client starts recruiting employees then you are assumed to be a contractual law expert along with tax and employment laws as applicable to the respective industry.
    5. When your client begins operation/production you are expected to be an expert in seeking various licenses and IPR laws.
    6. Then finally after all this spade work you reach corporate advisory. Advising provisions as applicable to directors and KMP and the entity as well.

    Thus as a corporate lawyer you have to put your mind in various branches of law that offshoots from company law itself.

    As the founder of Startup Solicitors LLP, you’ve been deeply involved in helping startups navigate legal complexities. Could you tell us about a particularly challenging case or project you’ve worked on and how you tackled it?

    As a law firm we are more likely than not to face challenges in terms of legal complexities. The world is evolving with unprecedented pace and keeping up with the AI and Web3.0 hand in hand with legalities which are not adapting with the pace of technology.

    Though there are many challenging project that came before us, but one interesting project that I would like to draw your attention to would be is of a US client who is working in the blockchain technology and wanting to launch their cryptocurrency few years back when lawmakers did not inked a word on the legality of cryptocurrency. The challenges that we faced were many :-

    1. Whether the cryptocurrency can be tendered as a legal currency in India ?
    2. Whether Crypto mining is acceptable in India ?
    3. Can Cryptocurrency be listed in regulated markets in India ? If not can a Crypto exchange be formulated ?
    4. What is the Tax applicability on crypto transactions in India ?
    5. How to report cryptocurrency to the government Authorities in India ?
    6. Which country in the globe is most suitable for ICO launch and Crypto mining if not India?

    It took us a lot of research work in both the legal and geo political field in understanding the mindsets of various countries towards crypto currency acceptance enabling us to advise the client in choosing India vs Rest of the world for its multi-billion dollar idea. Helping him find the right country for setting up business, choosing the right country for its distinctive operations keeping in mind the future plans of our client.

    Today, we can see the global acceptance of crypto currency. The law remains in grey areas in various parts of the globe.

    With your experience in assisting multi-million dollar companies expand into India and serving on their boards, what are some common challenges these companies face when entering the Indian market, and how do you address them?

    The major problem that multi-million dollar companies face while entering India to expand is choosing the wrong shareholding structure and wrong business structure delaying the corporate compliances and inviting various penalties.

    We address the same by emulating a documentary check and analyzing the business structure comprehensively from all corners and creating timeline keeping in mind the MCA compliances, RBI Compliance, FRRO Compliances and tax laws prior to executing the incorporation process for setting up company in India

    You’ve been involved in setting up new businesses and handling legal and financial consultations. Could you walk us through the process of setting up a new business, highlighting the key legal considerations and steps involved?

    Setting up a new business involves several key legal considerations and steps. Here’s an outline of the process:

    1. Choose a Business Structure: Decide on the legal structure of your business. Common options include sole proprietorship, partnership, limited liability company (LLC), or corporation. Each structure has different legal and tax implications, so it’s essential to choose the one that best fits your needs.
    2. Register Your Business: Register your business name with the appropriate government authorities. This may involve registering a “Doing Business As” (DBA) name or incorporating your business with the state.
    3. Obtain Necessary Permits and Licenses: Depending on your industry and location, you may need to obtain specific permits or licenses to operate legally. Research the requirements in your area and ensure compliance.
    4. Secure Intellectual Property Rights: If your business involves unique products, services, or branding, consider securing intellectual property rights through patents, trademarks, or copyrights. This can help protect your business from infringement and establish your ownership of valuable assets.
    5. Set Up Taxation and Financial Systems: Obtain an Employer Identification Number (EIN) from the IRS if necessary. Set up accounting and financial systems to track income, expenses, and taxes. Consult with a tax advisor to ensure compliance with tax regulations.
    6. Draft Legal Documents: Create legal documents such as contracts, agreements, and terms of service. These documents define the rights and responsibilities of your business and its stakeholders, including customers, suppliers, and employees.
    7. Hire Employees: If you plan to hire employees, familiarize yourself with employment laws and regulations. Create employment contracts, establish payroll systems, and adhere to labor laws regarding wages, working hours, and workplace safety.
    8. Protect Your Business: Purchase insurance coverage to protect your business against potential risks such as property damage, liability claims, or employee injuries. Consider general liability insurance, professional liability insurance, and other relevant policies.
    9. Comply with Regulations: Stay informed about industry-specific regulations and compliance requirements. Depending on your business activities, you may need to adhere to environmental regulations, health and safety standards, or data protection laws.
    10. Create a Business Plan: Develop a comprehensive business plan outlining your goals, strategies, and financial projections. A well-crafted business plan can help attract investors, secure financing, and guide your business’s growth and development.
    11. Open a Business Bank Account: Separate your personal and business finances by opening a dedicated business bank account. This will simplify accounting, tax reporting, and financial management.
    12. Market Your Business: Develop a marketing plan to promote your products or services and attract customers. Consider online and offline marketing channels, such as websites, social media, advertising, and networking events.
    13. Stay Compliant and Adapt: Regularly review and update your business practices to ensure ongoing compliance with legal requirements and industry standards. Stay informed about changes in regulations or market conditions that may impact your business operations.

    Your background includes work with Forbes Asia Pacific Enlisted clients and conducting audits for various organizations. How do you maintain a high level of professionalism and attention to detail in your audit processes?

    That is just experience and practice. You learn every day, you evolve and you grow every day.

    Could you share a particularly rewarding moment in your career, where you felt your expertise made a significant impact on a client’s success or outcome?

    Well, there are many and I would like to share few:

    1. Standing shoulder to shoulder with my father and assisting him in arguing a matter in High Court, witnessing him argue with perfection and representing the client was not less than a reward for me in my early days of career.
    2. Now today as the time has passed since my inception in the field of law and finance I feel very happy seeing that we helped some European Jewelry companies and US based IT companies set up their base in India leading them to scale volumes and generate employment in INDIA.

    Lastly, considering your extensive experience and knowledge, what advice would you give to fresh graduates aspiring to enter the fields of law and finance? What key lessons have you learned throughout your career that you believe would benefit them?

    Be genuine. Be Honest with your client. Say no if he cannot win the case.

    Get in touch with Nipun Khanna-

  • “Working in emerging areas presents a unique set of opportunities and challenges that make work both exciting and demanding”- Nandini Nambiar, Senior Corporate Counsel, Amazon

    “Working in emerging areas presents a unique set of opportunities and challenges that make work both exciting and demanding”- Nandini Nambiar, Senior Corporate Counsel, Amazon

    This Interview has been published by Pragya Chandni and The SuperLawyer Team

    Could you please share a bit about your journey into the fintech sector and what initially drew you to this industry?

    My journey in the fintech space started with Ola Money. When I joined Ola, I was initially working on Ola cab and other core Ola businesses. But soon an opportunity presented itself for me to take up the Ola Money charter. I wasn’t sure about what it involved (since I hadn’t worked on financial products before), but took it up as a challenge and a chance for me to learn something new. Since then, there has been no looking back for me – with Ola Money (now Ola Financial Services) and now Amazon Pay. The excitement I felt when I first started working in the fintech space, is something I still feel today. The fintech space has seen tremendous growth in the past decade, a trend that I expect will continue. I am grateful I had the opportunity to explore this sector, and work on a range of fintech products over the years, including wallets, postpaid payments, insurance, payment aggregation, mutual funds and more.

    You’ve had experience working both in-house and with law firms. How do these experiences differ, and how have they shaped your approach to legal counsel?

    That’s right, I started my work experience in law firms, and then moved to in-house roles. I personally think I got to experience the best of both worlds. The law firm experience is what helped me understand and learn the intricacies of law, and its application to everyday issues. This formative experience laid the groundwork for my subsequent transition to in-house roles. When I moved to an in-house role, I had to further learn how to translate legal advice into on-ground executable inputs, and how to deal with ambiguity. I had to analyze situations from multiple perspectives (business, tech etc.), evaluate risks, and make informed decisions in the absence of absolute certainty. I believe these experiences have made me a much better lawyer as I am able to understand and appreciate both the business and compliance aspects of operating a business.

    With your extensive background in regulatory compliance, particularly in emerging areas like fintech, what challenges have you faced, and how have you navigated them?

    Working in emerging areas presents a unique set of opportunities and challenges that make work both exciting and demanding. There is a constant exposure to the unknown! Almost every day brings forth a new scenario, a fresh set of variables, or a problem that requires novel solutions. This situation demands a combination of creativity, critical thinking, and a willingness to explore new paths.

    In the absence of established precedents, the ability to exercise sound judgment becomes paramount. Making informed decisions in the face of ambiguity requires a deep understanding of the subject matter, a thorough analysis of available information, and the capacity to weigh potential risks and benefits. It is a skill that is honed through experience and continuous learning.

    I have also found that regulators are very open to engagement and discussions. This creates a collaborative environment where regulators, industry participants, and stakeholders can work together to shape policies and regulations in a manner that promotes innovation, while ensuring public safety and welfare.

    So if I had to summarize, working in emerging areas offers a dynamic and ever-evolving environment where the unknown becomes a catalyst for growth and innovation. It is a space where individuals with a thirst for learning, a knack for problem-solving, and a commitment to excellence, can thrive and make a meaningful impact.

    Could you elaborate on your role as a strategic business advisor for legal compliance in new business operation areas? How do you stay ahead of the curve in such dynamic environments?

    As a legal counsel, it is crucial to operate as a strategic partner, collaborating with business to ensure we navigate the regulatory landscape successfully, and supporting innovation at the same time. This involves providing comprehensive advice and guidance that goes beyond the letter of the law, encompassing the spirit and intent behind regulations as well. In most instances, I have seen the goal of the regulations and business to be the same – give customers a product/ service offering, which is safe, secure, and easy to use. 

    To stay ahead of the curve, it is important to stay on top of new regulations, actively engage with the industry and regulator, and track what is happening in the industry. To balance what business wants, what customers want and what regulations mandate, is a fine balance.

    Having worked with giants like Amazon and Ola, what have been some of the most significant legal considerations unique to these tech-driven businesses?

    I have realized that each company is unique, having its own set of distinctive characteristics and objectives! For instance, I have worked on the wallet business in both Ola Money and Amazon Pay, but the kind of work I have done in both organizations is very different. Like I spoke of earlier, the advice varies considering what a particular business wants to achieve, the applicable legal considerations, technology build and so on. So, my advice would depend on various such factors. 

    These varied experiences have taught me that there is no one-size-fits-all approach when it comes to designing and implementing business and legal solutions. Each company has its unique set of requirements, customer base, and business model, which necessitates a tailored approach. Understanding these nuances is important in providing effective counsel. Also, one needs to apply the right judgement and understanding of what the regulations require, in letter and spirit, including what changes to expect, and how customers may perceive something. Factoring all this into my guidance is a critical part of how I work.

    Your educational background includes an LLM from the London School of Economics. How has this academic pursuit influenced your career trajectory?

    Education has always been a fundamental aspect of my life. Growing up, my family instilled in me the significance of acquiring a quality education. I think I always knew that pursuing a Master’s degree would be a natural progression for me. After my studies at Symbiosis, I applied for a Masters in the UK and was fortunate enough to get into LSE, where I completed my Masters in Law in Corporate and Commercial laws. My LLM experience was truly remarkable. I tried to make the most of it not just by focusing on studies (with some amazing professors), but participating in extra-curriculars, absorbing new cultural experiences, and making friends from all corners of the globe! Meeting individuals with varied backgrounds at LSE was a transformative experience. Their experiences and perspectives broadened my understanding of the legal profession and exposed me to various career options available to me. These interactions played a pivotal role in shaping my professional aspirations and goals.

    From drafting and reviewing contracts to undertaking due diligence, you’ve covered a wide spectrum of legal tasks. Can you share a particularly challenging or rewarding project from your career?

    I know it will sound like a clichéd response, but honestly, I don’t think I can pick something in particular. Each experience I have had so far, has helped shape me into the person/ legal counsel I am today. What is most rewarding for me is to work to solve problems/ challenges for customers, and every day that I am able to do that, it keeps me going! I have been working in the fintech space for almost a decade now, and I have been blessed to see this space grow and innovate. Being part of this journey has been very rewarding to me!

    As someone with rich experience in the legal field, what advice would you offer to fresh graduates aspiring to pursue a career in law, especially in the realm of corporate and commercial law?

    Firstly, one size won’t fit all! So my advice is purely based on what I have experienced. As a fresh graduate, I would say your main focus should be on learning. Find opportunities where you can do that, and build a strong foundation. Embrace opportunities to learn from senior colleagues, attend workshops/ seminars, and engage in continuous professional development. Also, don’t feel pressured to pick a specialty area of work right out of college. Experiment and try new things. When you do end up specializing down the line, you will be clear on what you want.

    What has also helped me during this entire journey, was having some great mentors. If you are fortunate enough to have a mentor, actively seek out their knowledge and learn as much as you can from them.

    Get in touch with Nandini Nambiar-