Super Lawyer

Author: SuperLawyerTeam

  • “Understanding a law and implementation of law are two different things. Have patience, good things take time.” – Journey from Legal Luminary to Corporate Leader, Amit K Das, Head of Legal, Thermax Limited

    “Understanding a law and implementation of law are two different things. Have patience, good things take time.” – Journey from Legal Luminary to Corporate Leader, Amit K Das, Head of Legal, Thermax Limited

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

    Could you please walk us through your journey from your early days in law college to becoming a Head of Legal at Thermax Limited? What were some of the challenges you faced when you first started your career in law, and how did you overcome them?

    I am a first-generation lawyer and the decision to pursue law was a completely personal call. From an early age, I developed a special interest in legal subjects. After completing my 12th, without any second thought, I was admitted for a 5 (five) year BA(Law)LLB course with North Bengal University, Department of Law. I was an active student during my law college days and used to take initiative and participated in all events including moot courts, sports, and cultural events. During the 3rd year, I developed a special interest in the law of Jurisprudence. As we had limited resources during our college days, digital education was far from reality during the late 90’s, we used to spend long hours in our law department library reading and preparing notes on various subjects.

    To begin a career in legal, the first challenge is to get into a decent chamber of a senior advocate. Those days legal had very limited career opportunities and being from a small town in Darjeeling District, West Bengal, there was no other option but to start practicing in District Court immediately post completing of LLB. I started my career as a practising advocate under the guidance of the late Shri. Sunil Sarkar, in Siliguri Sub-Divisional Court and Darjeeling District Court handling civil disputes related to properties, etc. In his chamber, I learnt the art of drafting pleadings, cross-examination and trial. To gain exposure on the professional front, in 2003, I moved to Delhi and started working with a Corporate Law Firm, Law Combine Advocates. During my Law combine days, I handled legal work for major MNCs and focused on litigation, commercial contracts, part of the M & A team, IPR and real estate. To have experience in the corporate side, In 2008, I decided to switch and joined a real estate company in Bangalore and gained experience in commercial built-to-suit arrangements. Thereafter, I worked with a FMCG giant heading legal for their export division, managing international contracts and disputes.

    In 2014, I moved to Pune and worked with an engine manufacturing company and in 2022 joined Thermax Limited as Head of Legal which is my current designation.

    For a fresh law graduate, the biggest challenge is where to start and how to start. I was fortunate enough that the Senior’s Chamber I joined at the beginning of my career, gave me a decent amount of work to handle. He used to guide me as a mentor. The more I worked, the faster I was able to get adjusted in this profession. During my court practice days, even when my matters were not listed before the Court, I used to spend hours sitting in open courts watching different proceedings, arguments made by the counsels, court observations, and verdicts. I also used to read a lot. I used to read the entire judgement, doing my research on different laws dealing with different subjects, going through old, executed contracts to understand the transaction and the issues to be addressed in those kinds of transactions. More I focused on work and learning; I realized all the challenges are dealt with over time.

    Transitioning from practicing as an advocate to assuming leadership roles within legal departments of corporations like Thermax Limited involves a significant shift. What inspired you to make this transition, and how has this journey influenced your approach to legal practice and leadership within organizations?

    This was not an overnight shift or transition. If you go through my career path the entire transition was step by step and with constant efforts. It was planned and executed accordingly. I believe if you can’t run then walk, if you can’t walk then at least crawl but keep moving forward. All the changes I made in my career are only with a view of learning new things which is very important for a lawyer. Shifting from a small sub-divisional court practice to a Delhi Corporate law firm practice is only for getting more exposure and learning. Similarly, switching from one industry to another during my corporate journey is also to gain experience and knowledge of different laws and practices applicable to such industries. This journey of continuous learning, curiosity, eagerness, and developing new skill sets brought me where I am today.  Therefore, I will say eagerness to learn new things, getting exposure to different legal areas, and curiosity to learn about different industries and applicable laws and practices, inspired me to make this transition. Another factor that inspired me to move from legal practice to a leadership role in corporate is to make an impact at a larger level. During practice days, I used to give my opinion and advice on a specific legal matter. I never learned how my opinions and advice impact or influence an organization’s culture and policies. With an intent to make an impact, bring a difference and influence all the stakeholders, I decided to move to a corporate leadership role to use my experience and knowledge to make a positive impact on the business and organization practices. Over the period, while working in different formats, and handling different kinds of legal issues, I realized that legal practice is too wide and large. The more I learned about one area, there are several other new areas came up for further learning. My exposure to different formats and working in different industries contributed a lot to my development as a lawyer and made me adequately competent to handle any kind of legal issues or at least know how to find a solution for an issue not dealt with in the past.

    Your profile highlights your expertise in areas like Mergers & Acquisitions, Contract Management, and Litigation & Arbitration. Among these, which aspect of legal affairs do you find most engaging or challenging, and why?

    It all depends upon the complexity of a matter which makes it challenging. I have come across several complex M&A transaction structures, high-stake commercial contracts and complex litigation and arbitration which were too challenging and engaging. Hence, it will be unfair to claim any specific area as engaging or challenging as all the areas are complex, vast, and challenging. Even if you insist on naming one area then considering the nature and complexity of the dispute, sometimes I find managing Litigation and Arbitration is most engaging and challenging. For handling and managing litigation, one must consider all applicable laws, specific sections, various court precedents, and all facts and documentation involved in the dispute. Though the general perception is that litigation & arbitration are handled by external counsels, however, to enable the external counsel to effectively handle any litigation and arbitration, it’s an in-house counsel who provides all the briefing and documentation related to the case. A minor miss can have a major impact on the outcome. Managing legal expenses, while expediting the proceeding is another challenge in litigation and arbitration.

    You’ve been recognized with multiple awards and accolades throughout your career. Can you share a particularly memorable achievement or recognition that holds a special place in your heart?

    All achievements and awards are special for me as they came at different times in my career. The recognition that I receive in-house has a special place in my heart as it shows that my work is making some impact on the business and it’s a direct recognition from my internal stakeholders. Also, the team awards that I have received till date are also very special for me. In the past, I have received team awards as “Best Support to Business Initiatives”, “Most Innovative Legal Team of the Year” and “Best Enabling Function”. All these team awards represent that we as a team are able to provide effective support to our businesses and in return we have been acknowledged and appreciated. But to answer your question, The “Best Enabling Function” award received during the first year of my job with Thermax holds a special place in my heart as I was new in the Organisation and was building an impactful relationship between the Legal Department and Business.

    In addition to your professional achievements, we’d love to know more about your personal interests and hobbies outside of the legal realm. How do you unwind and rejuvenate after a busy day at work?

    I like to participate voluntarily in teaching activities, especially teaching underprivileged kids. I have been associated with a few non-profit organizations and I like spending my weekends helping these NGOs with different activities from teaching to helping the students in getting prepared for their next level of academics and career.

    Listening to music and playing guitar have been my favourite pastimes to unwind myself after a busy day at work. In the past, I had our band with a few of my friends and we spent our free weekends and holidays performing at open clubs. I love to attend music concerts and shows.

    When I feel tired after months of work, I like to unwind by long cross-country drives with my family to places I have never visited, exploring everything about that place from their culture to their staple diet. Talking to unknown people is an immense pleasure and a beautiful experience.

    Given your extensive experience, what advice would you give to the current generation aspiring to pursue a career in law? What skills or attributes do you think are crucial for success in this field today?

    For the current generation, my advice is that there are a lot of opportunities in the legal domain. Over the years, different forms of practices have developed. There are different legal areas to excel and specialize in and a lot of learning opportunities around. Students who are still pursuing law, please take your moot courts and court visits sincerely and develop a habit of reading. Law is not as easy as it seems to be and for every lawyer, it is important to learn something every day. A lawyer should always have a room for learning. Understanding a law and implementation of law are two different things so take advantage of every real-life internship you can, so you can figure out what kind of lawyer you wish to be.

    It’s my request to young guns, please develop a habit of reading and keep learning new things. There are no shortcuts in the legal profession. Online updates and snapshots are okay to get the update but please don’t miss to read those new laws, latest landmark judgements, articles, etc. Have patience, good things take time. Nobody achieves success, knowledge, and experience overnight. All these things take time and constant effort, and hard work will take you to the right places. Don’t expect immediate results in our profession and always remember that your today’s action will have a reaction after a few years. Be humble, meticulous, and good in your research and analytics.

    Given your experience in handling litigations and arbitrations, what do you believe are the critical factors for successful dispute resolution, especially in today’s dynamic business environment?

    The knowledge of Business and Law is very important for a Lawyer in today’s dynamic business environment. Unless we have exposure to both we can’t take the best foot forward and guide our Organisation. Dispute resolution requires you to have a win-win approach for the Organisation. You can’t be too stringent on your approach and have a balanced view of the dispute that is in hand. Be meticulous and have the eye of an eagle regarding attention to detail. An active and effective collaboration between legal and business is of utmost importance for successful dispute resolution. Any dispute can be handled based on evidence on record; therefore, strong documentation and record keeping are of utmost importance to resolve any dispute successfully. There should be a problem-solving approach to resolve any dispute, it will save lots of cost and time for both sides. Timely resolution of disputes is another factor to be considered. In most of the disputes, the purpose of getting into dispute resolution frustrates if it is not concluded in a time bound manner.

    You pursued management development programs from IIEM in 2017 and IIM in 2019. What motivated you to undertake these courses, and how do you believe they have contributed to your growth as a legal professional? Additionally, what are your thoughts on the importance of continuous learning and further education, such as pursuing masters or other specialized courses, in the legal field?

    Opting for courses from IIEM and IIM is part of my continuous learning process.  Through these courses, I have improved my knowledge and exposure to international trade laws as well as improved my leadership skills. Continuous learning and further education are very important parts of any professional, especially lawyers. Law is a dynamic subject and legal professionals need to be up to mark in all day-to-day changes and evolution in the subject. Continuous learning is the ongoing expansion of a person’s knowledge and skill sets. It is not only for the development of new skills and knowledge but also for reinforcing what has been previously learned. A lawyer or legal professional needs to pursue higher education and specialized courses to adapt to changing legal trends, stay competitive and deliver exceptional services. By actively pursuing higher education and specialized courses, legal professionals can refine their skills and position themselves as leaders in their respective practice areas.

    Throughout your career, you’ve undoubtedly encountered a wide array of legal challenges and victories. If you could go back in time and give one piece of advice to your younger self as you embarked on this journey, what would it be and why?

    Most of us desire to be accepted and liked, but the reality is that you can’t please everyone. It took years and years to get here, but knowing what others think doesn’t matter, disengaging from those who are not humble, practicing self-development and learning new areas of law are some of the best things I have ever done for myself. Do not seek validation in the form of other people’s opinions. Lead with kindness and treat people well. To be honest – don’t be afraid to speak your mind.

    Get in touch wit Amit K Das-

  • “Success in litigation is a journey that demands dedication, patience, perseverance, and a genuine passion for the field.” – Nadeem Murtaza, Partner at Amicus Demos

    “Success in litigation is a journey that demands dedication, patience, perseverance, and a genuine passion for the field.” – Nadeem Murtaza, Partner at Amicus Demos

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

    Can you take us through the journey of your career, from your early days as a law student to becoming a Partner at Amicus Demos? What were some of the challenges you faced along the way, especially in the initial stages of your career?

    I pursued my B.A. LL.B. (Hons) at the Faculty of Law, Lucknow University, from 1998 to 2003. Throughout my five years in law school, I actively participated in court proceedings as an intern, keenly observing the accomplished lawyers and stalwarts of the Oudh Bar Association, presenting cases before various courts. Post-graduation, I started my legal practice on the criminal side, appearing before the High Court at Lucknow and handling matters in Magistrate Courts and Sessions Court. Despite facing the common challenge of limited briefs at the beginning of my career, I recognized the importance of patience. Early on, the pressure to succeed was intense, but I firmly believed in focusing on developing the necessary skills for effective courtroom advocacy, rather than solely chasing briefs and financial gains, I prioritized honing my talents and improving the quality of my work. It was a challenge to decline cases where a case was not made out, but this approach paid off over time. With time my skills grew, so did the quantity of work, leading to a subsequent increase in remuneration.

    You’ve had extensive experience practicing in the criminal side of law. What drew you to this field initially, and how has your perspective evolved over the years?

    I had the privilege of growing up in a family of legal luminaries. My grandfather, Late Justice Murtaza Hussain, embarked on his legal journey in 1944, ascending from Munsif to the esteemed position of District Judge by 1968. His illustrious career continued with elevation as a Judge of the Allahabad High Court, Lucknow, in 1976. Thereafter, he also served twice as the Lokayukta of Uttar Pradesh from 1983 to 1989. My father, Late Jawed Murtaza, thrived in a flourishing civil practice in Lucknow. Meanwhile, my uncle, Justice Imtiaz Murtaza, made a mark as a prominent lawyer in the criminal side. His trajectory led him to become a Judge of the Allahabad High Court in 2001, culminating in his retirement as the senior most judge in 2015.

    During my college days, I regularly interned at my uncle’s office, immersing myself in the dynamic realm of criminal law. His bustling chamber provided ample opportunities to engage with criminal cases, interact with clients, and witness the intricate interplay of legal provisions such as the Indian Penal Code, CrPC, and Evidence Act. This experience ignited my passion for criminal law, shaping my perspective and fostering a profound interest in the complexities of legal practice.

    As a partner at Amicus Demos, what do you find most rewarding about your role? Are there any particular aspects of your work that you find especially fulfilling or challenging?

    Mr. Gaurav Mehrotra is the senior/managing partner at Amicus Demos. Mr. Gaurav Mehrotra specializes in civil, constitutional, and commercial matters, while I exclusively handle criminal cases within the firm. Our professional collaboration is deeply rewarding, and the law firm feels like an extended family. Dealing with criminal matters presents a unique challenge due to its direct impact on an individual’s life and personal liberty. The stakes are inherently higher, often involving questions of life and death. As a defence lawyer, our focus extends beyond client representation; we strive to protect the rights of the accused and assist the court in uncovering the truth. One particularly challenging role for me was serving as a Special Public Prosecutor in a case involving high-profile officials and public representatives. This role demanded a distinct preparation and approach compared to our usual stance as defence counsel.

    Given your experience as a panel arbitrator for stock exchanges, could you highlight some key differences between arbitration proceedings and traditional courtroom litigation?

    There are some inherent advantages in arbitration proceedings. These proceedings are more expeditious and can be conducted in a manner to suit the better need of the parties.

    Arbitration proceedings differ from courtroom exchanges in several key aspects. Arbitration offers a private setting, allowing for confidentiality, and enables parties to choose arbitrators for a neutral stance. 

    However, there is limitation to arbitration proceedings as the same are limited to inter se parties to an agreement or contract whereas traditional trial or courtroom proceedings are more accessible and cater to the needs of the public at large. The nature and result in an arbitration is only limited to either monetary claims or breach of a contractual obligation and therefore the proceedings are limited to that extent. 

    As an arbitrator on the panel for stock exchanges, my role involves resolving disputes between market participants in a fair and impartial manner. I assess evidence, review financial regulations, and consider market practices to make informed decisions. It’s crucial to maintain transparency and uphold the integrity of the stock exchange. The dynamic nature of the financial markets requires adaptability and a deep understanding of the industry. Serving on the panel has provided me with valuable insights into the intricacies of trading and the importance of fostering trust within the financial community.

    The process is generally less formal, faster, and more cost-effective than courtroom proceedings. Arbitrators often possess industry-specific expertise. Decisions are binding with limited rights to appeal, contributing to a quicker and more final resolution compared to the traditional system.

    You’ve represented some prestigious corporations. What are some common legal challenges these corporations face, and how do you approach addressing them?

    Representing corporations in criminal matters presents unique challenges. One major issue is balancing legal obligations with the corporation’s reputation. Managing public relations during a criminal investigation is delicate, as negative perceptions can harm the company’s brand. Additionally, coordinating communication among various internal departments and legal teams can be challenging. Maintaining attorney-client privilege while interacting with corporate employees adds to the complexity. Lastly, corporations often face potential financial repercussions, including fines and regulatory sanctions, making strategic legal counsel crucial to navigate these challenges effectively.  

    Corporations often face problems due to local law and order situations as well. One such example is that a kisan (farmers’) union once lodged an FIR against a sugar mill and its officials alleging manipulation in quantity of sugarcane purchased. Often, criminal proceedings are sometimes instituted to settle civil and consumer disputes. A fitting example of such abuse is that once a criminal complaint was filed against a leading direct-to-home (DTH) television company and its directors by a consumer for some issue with respect to discontinuation of service. The proceedings were finally stayed by the High Court exercising powers under Section 482 CrPC.  

    As someone who has actively appeared before the Supreme Court of India, can you share any insights or experiences from handling cases at such a prestigious level?

    Handling cases before the Supreme Court is a demanding yet rewarding experience. The process involves intricate knowledge of Constitutional and legal principles. The Court deals with matters of national importance and the stakes are quite high. At times, though we represent a specific client, the question of law involved in the matter affects the public at large and has pan India ramifications. 

    In one of my matters one old and ailing accused who had suffered brain stroke was denied bail by Sessions Court and was sent to custody, at that time there was a Rule in Allahabad High Court to give 10 days advance notice to State before filing bail, we filed SLP before Supreme Court directly challenging the order of sessions court and the Court was apprised about the prevailing rule, Supreme Court not only granted bail to accused but also issued notice to High Court, the same led to amendment of Rules and notice period in bail matters was reduced from 10 days to 2 days in the Allahabad High Court, which hugely benefited the public at large. Similarly, I also appeared in the proceedings before the Supreme Court in the Satender Kumar Antil matter and apprised the Court regarding the laxity in implementation of the guidelines and directions issued by the Court in the State of U.P. In one of the IAs, the Court took stern view of the practice prevalent in Uttar Pradesh where the Magistrate or the Sessions Court would simply deny the grant of anticipatory bail holding that there was no apprehension of arrest since the offences entailed less than seven years of imprisonment and was thus covered by the direction issued in Satendra Kumar Antil case. The Supreme Court strongly deprecated such a practice and since then, there has been a paradigm shift in the matters regarding grant of bail and anticipatory bail in the State of U.P. in consonance with the law laid down by the Supreme Court.  

    In your experience, what would you say is the most difficult or challenging aspect of handling criminal cases, and how do you navigate through those challenges to ensure the best possible outcome for your clients?

    As a criminal law attorney, one of the most challenging aspects is navigating the emotional and personal nature of criminal cases. One of the challenges I feel is informing the client about an adverse order. As these matters relate to the life and liberty of the individual, it is emotionally challenging to inform them that the outcome was not favourable. Balancing legal representation with the human aspect of the client’s predicament requires empathy and a nuanced approach. Engaging with clients who may be facing serious consequences, emotionally charged situations, or societal stigma demands effective communication and understanding. The challenge lies in managing expectations while ensuring a robust legal defence. As a matter of principle, I always give my honest advice and opinion and inform them about the likely outcome of the case without giving them any false hope. I always advise my clients to cooperate with the investigation and trial and never abscond from the judicial process. The adversarial nature of criminal proceedings and the burden of proving innocence can be daunting. To overcome these challenges, maintaining open communication with clients and managing expectations realistically are some crucial aspects necessary in criminal law practice. Crafting a thorough defence strategy, staying abreast of legal precedents, and adapting strategies to suit the unique circumstances of each case are key elements in securing the best possible outcome for clients in the complex realm of criminal law.

    Outside of the courtroom, what are some of your personal interests or hobbies that help you unwind and recharge?

    Outside of the courtroom, I find solace in indulging my passion for poetry. Exploring the intricate beauty of language and the emotional depth of poetic expressions serves as a creative outlet. Traveling is another cherished pursuit, providing a break from the legal intricacies and allowing me to explore diverse cultures and landscapes. Spending quality time with my family is paramount; their support is my anchor amidst the challenges of court. These not only help me unwind and recharge but also contribute to a well-rounded perspective that enhances my legal practice.

    Looking back at your journey from being enrolled as an Advocate to becoming a Partner, what advice would you give to young lawyers aspiring to build a successful career in law?

    Reflecting on my journey so far, my advice for aspiring young lawyers is to embrace continuous learning, nurture a robust professional network, and cultivate a strong work ethic. Sharpen your communication skills, consider specializing in a specific legal niche, and stay adaptable to changes in the legal landscape. Uphold the highest ethical standards, persist through challenges, and strive for a healthy work-life balance. Community involvement and pro bono work not only contribute to society but can also enhance your professional reputation. Remember, success in litigation is a journey that demands dedication, patience, perseverance, and a genuine passion for the field. 

    Get in touch with Nadeem Murtaza-

  • “Effective communication with clients and a commitment to upholding justice guide my approach to each case, regardless of its profile and complexity”- Amit Kumar, Advocate at the Supreme Court of India

    “Effective communication with clients and a commitment to upholding justice guide my approach to each case, regardless of its profile and complexity”- Amit Kumar, Advocate at the Supreme Court of India

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

    Can you share with us your journey from studying mathematics to pursuing a career in law? What inspired this transition?

    After studying mathematics, I developed a strong analytical mind-set and problem-solving skills.  However, I realized my passion lies in using these skills to advocate for justice and navigate complex legal issues.  Inspired by the intersection of logic and law, I pursued a career in law to apply my mathematical aptitude to legal challenges, ultimately seeking to make a meaningful impact in society through the legal profession.

    As a criminal defense lawyer, you’ve handled a wide array of cases, including high-profile ones. What drew you specifically to criminal law, and how do you navigate the complexities of such cases?

    From an early stage, I was drawn to criminal law due to its dynamic nature and the opportunity it presents to defend individual’s rights and ensure fair treatment within the legal system.  In navigating complex cases, I rely on thorough research, strategic planning and a deep understanding of both the law and facts.  Effective communication with clients and a commitment to upholding justice guide my approach to each case, regardless of its profile and complexity.

    Founding “The Chambers of Amit Kumar” in 2007 marked a significant milestone in your career. What motivated you to establish your own legal practice, and what were some of the challenges you faced in the early stages?

    Founding ‘The Chambers of Amit Kumar’ in the year 2007 was driven by my vision to provide personalized legal services tailored to clients’ needs.  Motivated by a desire for autonomy and innovation, I sought to create a platform where I could pursue my passion for law while fostering a culture of excellence.  In the early stages, challenges such as building a client base, managing finances, and establishing credibility were prevalent.  However, through perseverance, strategic networking, and a commitment to delivering exceptional results, I overcame these obstacles and steadily grew our practice.

    Could you walk us through how you approach each case uniquely, considering the legal complexities and ethical considerations involved?

    I approach each case uniquely, recognizing that every situation has its own complexities and ethical considerations.  Just as jewellery cannot be crafted with pure gold alone, cases often carry inherent impurities.  I meticulously scrutinize these imperfections, strategically leveraging them to build a compelling defence.  By identifying and addressing these nuances, I aim to achieve favourable outcomes for my clients while upholding ethical standards.

    With extensive experience representing clients in various courts, including the Supreme Court and the Delhi High Court, how do you ensure effective representation while upholding the principles of justice and fairness?

    In representing clients across different courts, my focus remains steadfast on effective advocacy while upholding the principles of justice and fairness.  This involves thorough preparation, detailed discussions with clients, and adherence to ethical standards.  I prioritize understanding the nuances of each case and presenting compelling arguments based on law and evidence.  By maintaining integrity, respect for due process, and a commitment to equity, I strive to ensure effective representation that upholds the highest standards of justice.

    Advocating for causes such as the petition relating to marital rape demonstrates your commitment to social justice issues. What role do you believe lawyers play in advocating for societal change, particularly in addressing sensitive issues like gender-based violence?

    Lawyers play a crucial role in advocating for societal change, particularly in addressing sensitive issues like gender-based violence.  Similar to doctors, lawyers are often at the forefront of observing societal trends and have the opportunity to raise awareness about important social issues through their daily practice.  With this responsibility towards society, lawyers can leverage their expertise to challenge unjust systems, advocate for policy reforms, and provide support for victims of gender-based violence, ultimately contributing to a more just and equitable society.

    Handling cases involving fraud and corruption, such as the JBT recruitment scam and housing society scam, requires a deep understanding of legal intricacies. How do you navigate through the legal complexities of such cases while ensuring transparency and accountability?

    In navigating cases involving fraud and corruption, I prioritize a meticulous approach that combines through legal analysis with a commitment to transparency and accountability.  This involves conducting extensive investigations, research work, collaborating with experts, and presenting compelling evidence in court.  By upholding the principles of due process and ensuring transparency in all legal proceedings, I aim to pursue justice for my client.

    As someone with a significant breadth of experience in the legal field, what advice would you offer to aspiring law graduates who are just starting their careers, especially those interested in criminal law and social justice advocacy?

    My advice to aspiring law graduates interested in criminal law and social justice advocacy is to stay committed to continuous learning, develop strong analytical skills, and cultivate empathy for your clients and their communities.  Seek out diverse experiences, such as internships, pro bono work, and mentorship opportunities, to gain practical insights and build a robust professional network.  Never compromise with the ethical standards.

    Get n touch with Amit Kumar-

  • “You never know what tomorrow will bring’ so you should always be prepared and embrace it with all your might.” – Arindom Hazarika, Intellectual Property Attorney, Certified Anti-Counterfeit Professional and Senior Counsel at Western Digital

    “You never know what tomorrow will bring’ so you should always be prepared and embrace it with all your might.” – Arindom Hazarika, Intellectual Property Attorney, Certified Anti-Counterfeit Professional and Senior Counsel at Western Digital

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

    Thank you for joining us. Could you start by sharing a bit about yourself and your journey in the legal profession? What inspired you to pursue a career in law, and how has your journey unfolded until now?

    Thanks for the kind invitation for this interview. Regarding my journey, I am just the second lawyer in my family after my uncle (who practices in the local district court in Assam), so I am a first-generation corporate lawyer. Law was a very interesting option, considering when I was completing my higher secondary education I wanted to explore a career in economics, but somehow the lure of Law especially the Intellectual Property Laws intrigued me along with a massive love for brands. I finally pursued my law from Hidayatullah National Law University, Raipur in 2009 with a major in Intellectual Property Laws. Since then, I have loved every bit of my journey in law. It all started in a boutique IP law firm in New Delhi (Zeus IP), where I learned the practical side of things and horned my skills in the domain. I loved the part that even being an associate I was given complete freedom to advise numerous multinational clients on IP issues. Post the same I moved to a bigger law firm, where I acquired some essential skills of handling big clients having massive IP portfolios. The change to in house role actually came in when I joined an IP consultancy that was working dedicatedly towards brand protection concerns, which is where I was fascinated with this version of IP i.e., enforcement of IP, this also coincided with one of my close aides who got impacted due to counterfeits and my whole perception changed and I wanted to then focus on enforcement of IP which explains my role at Diageo, Flipkart and Currently Western Digital. Protection of consumers and brands became my passion and I wanted to ensure that I do my bit towards this cause. It is such a strange world, where IP enforcement kind of came to me as an accidental or sudden thought and since then has stayed with me as a core of what I am passionate about and love doing as the famous saying goes ‘You never know what tomorrow will bring’ so you should always be prepared and embrace it with all your might.  

    From working with Diageo India to your current role at Western Digital, you’ve navigated various industries in brand protection. How do you adapt your strategies to suit the unique challenges of each industry, from eco-bev to consumer electronics?

    It’s an interesting question as the industries I worked on are completely different having their own set of challenges and issues, but the learnings I gathered over the course of time specially during my role at the IP consultancy helped me build and develop a great core of what essentials are required for brand protection and IP enforcement. A few things that stand out to me would be looking at the problem and its impact on business, understanding the business model (from a sales and marketing perspective) identifying great business partners, market intelligence and data generation. These factors are common across industries and helped me immensely in adapting across industries.

    Your passion for brand protection shines through in your extensive experience and achievements. What advice would you give to aspiring IP lawyers or brand protection professionals looking to make a mark in this field?

    Thanks for your kind comments. I am grateful to the people whom I worked with who have been kind enough to bestow great knowledge. I would advise young lawyers who want to pursue a career in IP, should certainly explore this very interesting and passionate field of IP enforcement, unfortunately at this stage, it’s not being taught as an educational curriculum, so all the knowledge you can gather is through practical experience. I found this very fascinating considering that my stints across organizations from being support functions to being called revenue generators were a very satisfying experience. I would advise young law students to try and work towards IP enforcement during their internships especially those who plan to intern in FMCG companies, wherein they will realize the importance of this domain. I would also advise young lawyers to stay updated by doing additional courses in upcoming domains like cyber laws and other institutes offering such courses. Lastly, I would advise young lawyers and professionals to be very passionate about the work they do and know that they are creating an immense impact on the society as a whole. They should think with a clear motto of ‘PROUD OF WHAT WE DO’ and ‘BE GENUINE’ in their opinions and thoughts.

    In addition to your professional endeavors, you’re known as a foodie and football enthusiast. How do you strike a balance between your career and personal interests, and how do your hobbies complement your work life?

    Balance is a key term. Fortunately, due to my role, I used to travel extensively, which gave me a great opportunity to experiment and experience different cultures and their food, which was something I used to always look forward to. In fact, due to the same experience, I started travelling to places just to enjoy a delicacy, which gave me such happiness and satisfaction.

    As regards football, it has taught me so much in terms of hard work, resilience, and risk-taking towards my everyday work which I am immensely grateful to. Both my interests are great conversation starters which certainly gives me a very good idea about the stakeholders I will be working with and helps create a personal connection with them. Lastly, one of the biggest things that you require in any professional field is great team spirit which helps you achieve the impossible and watching football showcases that in the best possible manner. There is a very famous quote by one of my inspirations from the footballing world Arsene Wenger who says “Team spirit is like a flower. You have to look after it every day or else it will slowly die. But, as well, you can make it bigger, better and prettier if you care for it.”

    The Brand Protection Charter you established garnered recognition and accolades. Could you walk us through the process of creating such a comprehensive strategy and the impact it had on combating counterfeits and infringement?

    This was a very challenging task, as when I joined there was no concept of Brand Protection at the organization. Hence I had to start from scratch in terms of creating structures that defined the said concept, then identifying current and potential problems that would fall within that followed by identifying relevant stakeholders who dealt with the problem and connecting with them to create a common group. This took a long time as I had to educate them about it and its grave importance. This was followed by documentation which led to the building of SOP which included clear guidelines defining the problem and stakeholders who were responsible, accountable, consulted and informed about it. This helped immensely in unifying all existing synergies and using them to solve problems for many brands. As a part of the program, I also reached out to a lot of rights holders or brands to build a spectrum of issues involved and how uniquely and swiftly we can solve them. This charter gave me immense satisfaction when we built it and I do hope the same helps in further evolving the program to new heights. 

    Your journey includes handling various legal matters, from drafting agreements to conducting raids and enforcing IP rights. What are some common misconceptions people might have about brand protection, and how do you address them in your work?

    One of the biggest misconceptions that I have heard being an IP lawyer is that we only deal with IP litigations that involve IP infringement, which is not correct considering as IP lawyers we also do a lot of work around counterfeits which certainly can be done at various levels starting from Law enforcement authorities and customs as well. Additionally, IP lawyers were also part of a lot of interesting and detailed investigations that present different perspectives on a problem. Also, when you say brand protection it’s a very broad domain that is not only limited to IP issues but might involve other areas that involve the protection of brands. Lastly, the biggest one that I have heard is legal function is just a support function, but I can confidently say that during my stint across organizations, the biggest compliments I got were when the sales referred to us as revenue generators and business partners who can help them ensure a smooth sale of products. Brand Protection gives you a unique opportunity to be recognized as one of the important clogs in product life cycle machinery. 

    Being a certified Anti-Counterfeit Professional, you bring a unique skill set to your role. How do you stay updated with the latest trends and techniques in combating counterfeits and online IP infringements?

    I would stay updated with the latest trends by attending various forums dedicated to IP and Brand Protection like INTA events, and IACC events to help immensely in building it. Also being part of sub-committees at INTA (who have dedicated people working on specific brand protection issues in emerging domains like e-commerce platforms and others certainly adds a lot of perspective around current practices and gives a huge amount of learning from them. I also look up to any dedicated programs that have been introduced by reputed institutions to upgrade and upskill myself in them.

    As someone deeply involved in industry associations like INTA, how do you leverage these platforms to drive positive change in brand protection practices and policies?

    I must say it does help a lot to be part of such Associations considering the impact they are creating. INTA is a great example, considering you can gain a lot of knowledge about current best practices for the issues handled, be part of policy dialogue with relevant stakeholders to drive policy changes and impart training to law enforcement officials on the same. I have leveraged the association to a great extent as I was the chair of the Anti-Counterfeit Committee in the 2022-2023 term for the South Asia region and achieved a lot of success in building best practices for the brand protection domain. Being part of the leadership group also provided an opportunity to tie up with other well-known brands towards the same cause and create many meaningful discourses.

    Looking ahead, what do you envision as the future of brand protection, especially in the face of evolving technologies and global markets? And what role do you see yourself playing in shaping that future?

    There is a massive potential for Brand protection especially with emerging technologies and global market expansion for brands across the world. When I joined the domain, I still remember there were very few multinationals who had dedicated brand protection professionals, teams and most of such work was done by IP and legal teams, in the past few years we have seen brands getting very aggressive about it considering the big important role it plays especially towards revenue generation. Efforts made by brand protection teams go a long way in ensuring revenue growth and great sales. The importance is also further highlighted by emerging problems that come with technology, especially with the advent of the Internet and online business.

    In the bigger scheme of things, I would like to be the evolving face of brand protection professionals leading such initiatives with innovative solutions with the help of technology and helping businesses garner revenue growth while ensuring the end consumers enjoy and reap the benefits of using genuine products everyday everywhere. 

    Get in touch with Arindom Hazarika-

  • “My diverse practice is a result of experience with a diverse set of clients and colleagues doing niche work, exposure to the start-up community of Bangalore, and constant learning and growth”- Aditi Verma Thakur, Senior Partner at Ediplis Counsels

    “My diverse practice is a result of experience with a diverse set of clients and colleagues doing niche work, exposure to the start-up community of Bangalore, and constant learning and growth”- Aditi Verma Thakur, Senior Partner at Ediplis Counsels

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

    Ma’am, could you please share with our listeners how your journey into the field of law began? What sparked your interest in pursuing a career in intellectual property and corporate commercial law?

    My fascination with the legal field began when I witnessed my father’s dedication to law. He pursued his law during my teenage years. Though at that young age, I never thought of being a lawyer myself. Before entering the field of law, I explored different options. However, I lacked a sense of connection with what I was doing. Eventually I tried my hands at legal studies by enrolling myself in B.A. LL.B. (Hons.) course at Devi Ahilya University. I found law and arts subjects quite interesting, focussed on my law education, and enjoyed exploring diverse avenues of law, with strong inclination towards constitutional law, criminal law, contractual law, and intellectual property. I consistently excelled in my studies, and was recognized as the university topper in my graduating class.

    Upon completing my undergraduate studies, I pursued a Master of Laws in Intellectual Property at National Law University, Jodhpur, where I delved deeper into the intricate world of IP law. Through focussed internships, I was fortunate to see different sides of IP practice, such as advisory, litigation, valuation and commercialization of IPs. Additionally, my interest in international technology transfer drove me to undertake a university dissertation on the subject, further enriching my understanding of this domain.

    My first role as a full-time IP role at Krishna & Saurastri culminated from an earlier long-term internship at the firm. At K&S, I learnt the basics and practical aspects of trademark and copyright law practice, sharpen my drafting and documentation as well as hone skills, such as, communications, critical analysis, and attention to detail. While working on contested and uncontested IP matters at my first firm, I developed a keen interest in commercial and contractual IP work, and generally in contractual law too. 

    Your profile mentions that you have a versatile practice, covering soft IP, corporate commercial, technology, data protection, and media law. How did you develop expertise in such diverse areas, and what motivated you to explore these different facets of law? How do you balance these differences in your practice?

    I’ve been fortunate to encounter exceptional opportunities throughout my professional journey. Following my initial role at my first law firm, where I handled various contested matters under the mentorship of seasoned industry professionals, I transitioned to corporate firms, where I further refined my legal skills and broaden my expertise. At IndusLaw, I was entrusted with leading then-growing IP practice, which allowed me to deepen my understanding and proficiency in this area.

    My tenure in corporate firms played a pivotal role in sharpening my legal acumen and skills. Collaborating across different practice teams within these firms, I had the chance to engage in diverse projects tailored to meet our clients’ specific needs. While my primary role was to manage IP and IP litigation assignments, I also had the opportunity to delve into a wide range of commercial, IP, technology, data, and media contracts, both independently and as part of larger transactions. This collaborative environment facilitated a continuous exchange of knowledge and expertise, contributing significantly to my professional growth and development.

    Throughout my tenure in Bangalore, I have had the privilege of serving a diverse clientele, ranging from foreign firms and large multinationals to investors, universities, and small enterprises across various industry sectors. Given Bangalore’s status as a hub for niche tech start-ups seeking comprehensive legal support, a significant portion of my work revolves around providing a wide range of commercial legal and intellectual property services to tech and media enterprises, including start-ups in these domains. My responsibilities within the management committee of Ediplis Counsels (which began as an IP boutique firm focussing on technology and related domain, and now has evolved into a full-service national firm) have been pivotal in expanding my expertise. My role at the firm has provided me with a nuanced understanding in the legal domains of technology, media, data, and corporate commercial laws, allowing me to provide more comprehensive and tailored solutions to our clients. 

    In addition to my client-facing responsibilities, I am actively engaged in thought leadership initiatives. Collaborating with other senior partners at the firm, I participate in discussions concerning the policies and governance of Ediplis. Moreover, I dedicate time to mentoring young lawyers and contributing to both national and international publications, drawing from my experience as the former editor of a bi-monthly IP newsletter. These initiatives foster knowledge-sharing and professional development.

    So, my diverse practice is a result of experience with a diverse set of clients and colleagues doing niche work, exposure to the start-up community of Bangalore, and constant learning and growth. 

    I believe the different aspects of my practice have synergies and that is the core strength of my practice. For instance, my experience in contentious work has provided valuable insights that inform my advisory role, allowing me to anticipate and address potential legal challenges proactively. Similarly, my understanding of technology and media law enables me to advise clients on both the creation and commercialization of intangible assets, ensuring compliance, and mitigating risks effectively. 

    Congratulations on being recognized as the ‘Copyright Lawyer of the Year’ and achieving various accolades. Clients have praised your problem-solving skills and transparent communications. How do you think these recognitions have shaped your career, and what impact have they had on the way you approach your work?

    Many thanks for your kind wishes. I am sincerely grateful for the recognition that I have received from esteemed industry bodies, both in India and internationally. It is truly an honour to have one’s work acknowledged in such a manner, especially when such recognitions are also tied with positive feedback from clients. These industry recognitions provide credibility to my practice to a great extent, and there is an underlying sense of serving better to clients. I have also been told by several lady lawyers that my work and achievements motivate them to excel. I remember one of my neighbours trying to motivate his daughter citing my achievements. It is incredibly rewarding to know that my journey has had a positive impact, and it encourages others to excel in their own endeavours.

    However, I believe it is essential to maintain a balanced perspective on industry awards and accolades. While they provide validation and encouragement, it is crucial not to allow them to overshadow the primary focus of our work. For me, maintaining a sense of humility and dedication to my craft is paramount. I approach each day with the energy and enthusiasm of a newcomer, eager to learn and grow, while also drawing on my experience and sense of responsibility in handling both my work and relationships.

    Ultimately, my goal is to continue delivering high-quality legal services to my clients. By remaining focused on the task at hand and staying true to my values, I hope to uphold the trust and confidence that clients place in me and my abilities.

    You’ve served as a guest faculty at premier law schools and contributed to national and international publications. What value do you see in sharing your knowledge with others?

    I have always held a deep interest in teaching and writing, recognizing them as invaluable tools for personal and professional development. Besides this, I view teaching and writing as essential means of giving back to the broader community. 

    Whether engaging with colleagues or clients, I make it a priority to share insights, perspectives and anecdotes from my own experiences. For instance, I regularly share legal and practical knowledge with my colleagues, promoting a culture of continuous learning and growth within our team. Similarly, I ensure that my clients are equipped with a comprehensive understanding of the legal landscape relevant to their matters, empowering them to make informed decisions. My mentors’ willingness to share their wisdom and perspectives – both on work-related matters and broader life topics – has instilled in me a deep appreciation for the value of knowledge exchange. 

    What role have your mentors played in your career growth? What is the importance of mentorship and guidance in one’s career and growth? 

    I am incredibly grateful for the guidance and mentorship I have received from various individuals throughout my professional journey. From my parents, seniors at Krishna & Saurastri and IndusLaw, my husband and now my peers at Ediplis, I have been fortunate to have wise mentors who have played a pivotal role in shaping my professional and personal life. Their mentorship has been multifaceted, encompassing everything from learning the fundamentals of law and drafting to navigating complex professional challenges and finding a balance between work and family life. Each mentor has provided invaluable insights and guidance, contributing to my growth and success in different ways.

    I feel mentorship plays a huge role in one’s success. If you get a wise mentor early on and they also are willing to invest in you, you can advance well in your professional life. It’s certainly important to find and believe in good mentors. 

    What are your thoughts on work-life balance? Are you able to achieve that considering the kind of work you do? 

    I believe if you don’t have a healthy work-life balance, you have stress, fatigue and burnouts. I understand a good work-life balance is very difficult to achieve when you want to also grow professionally, but one has to keep trying to achieve that state for your physical and mental being. 

    In fact, we at Ediplis encourage our firm members to focus on their work and well-being both. We try and ensure a good work culture at the firm. Members are able to spend time on their interests and hobbies. We support working parents at our firm so that they are able to devote time to their families while managing their professional responsibilities. These efforts have resulted in well-organized and productive teams who are able to thrive both personally and professionally.

    In the past, I have experienced first-hand the challenges of balancing work and personal life. There was a time when I prioritized work over everything else, believing that it was necessary for career growth. However, I realized that neglecting my personal well-being had adverse effects on my health and overall happiness. 

    Since then, I have made a conscious effort to establish boundaries and prioritize self-care. While maintaining work-life balance can still be challenging at times, I am committed to making consistent efforts to achieve it. I have found that by taking care of my physical and mental health, I am able to work more efficiently and mindfully, ultimately leading to greater overall satisfaction.

    As a lawyer and a mother, I recognize the importance of finding a balance between professional responsibilities and personal commitments. While there may be moments when work pressures demand more of my time, I remain optimistic and resilient, knowing that I am continually striving to do better.

    Lastly, considering your extensive experience, what advice would you offer to law graduates who are just starting their careers in the legal field?

    My advice to the younger pool of lawyers is to remain focussed, patient, persistent and consistent; seek out mentorship; and embrace lifelong learning. By adhering to these mantras, young lawyers can build a solid foundation for a successful and fulfilling career in the legal profession.

    Get in touch with Aditi Verma Thakur-

    Website of the firm: https://www.ediplis.com/

  • “AI would be a game changer in national security, personal privacy and the job market in general”- Anandh K, Advocate-on-Record, Supreme Court of India and Partner at SA Law

    “AI would be a game changer in national security, personal privacy and the job market in general”- Anandh K, Advocate-on-Record, Supreme Court of India and Partner at SA Law

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

    Can you tell us about your journey into the field of law, particularly what motivated you to pursue an LL.M. in Corporate Law & Governance after your B.S.L., LL.B. degree?

    As far back as I can remember, law as a profession had always piqued my interest. My mind was set on law and ILS Law College, Pune was ranked No. 1 in a popular survey around the time I finished 12th standard. There I was in Pune. I loved that city from the moment I reached the Pune railway station. I had learnt Hindi in school, but it was bookish and my friends thought I was showing off speaking like a poet. The illusion was dispelled quickly when they realised bookish or not, my Hindi was below average. If my Hindi teacher (Late Ms Usha Rajagopalan) had known, she would have quit teaching twice over – once for people thinking I spoke chaste Hindi and once for making it known to the world that all her efforts on me were rather wasted. But there I learnt law, bits and pieces of Hindi and Marathi. I am very fond of my professors from Pune; they were all great mentors. Dr. Jaya Sagade and Ms. Smita Sabne hold a special place in my heart. I also have some of my most cherished memories with friends in Pune.

    I decided to complete my post-graduation before entering into the profession. I wasn’t sure I would be able to take a break for further education once I started working. I was naturally inclined towards taxation and corporate law, perhaps due to my commerce background in school. I got into NALSAR University of Law. There I met some great professors and made great friends. I was also happy about extended college life. 

    How did your educational background, including your diploma in National Security and International Relations, influence your approach to practicing law, especially in the areas of corporate governance and international investment law?

    Pune is a city of world-class colleges and educational institutes. I joined as many courses as I could. I was and am fond of politics, international relations and national security. The IR course taught me to see the big picture of domestic policies and regulations. India’s economy and its growth is inextricably linked with a whole set of factors and even a minor difference in the mix would have far reaching ramifications. IR opened my eyes to the consequences and effects (primary, second order and tertiary) of each policy and regulation within the country, their interplay with India’s foreign relations. 

    Investment law was part of my LL.M. instructed by Professor V. Balakista Reddy. After class, I used to assist him in several of his assignments which gave deeper insights on the subject and the influence it holds over the domestic affairs of India.

    Even as we as a nation are growing from strength to strength, I find myself going back to the lessons learnt from these courses. I draw upon these to contribute to the general legal discourse in the country in my own small way. And in my own practice, it helps me ruminate over the wider aspects of any given case.

    From my own experience, I would advise every student of law to actively seek and acquire knowledge from diverse disciplines and not restrict oneself to law books alone.

    As the managing partner of SA Law, you handle a wide range of legal matters. Could you share with us some memorable cases or experiences that have shaped your perspective on the legal profession?

    I have been fortunate to work in a range of cases across several forums and cities. Rather than go into specific instances I will share what I have learnt or what has been reinforced in me.

    I have and will always consider myself a student of law. Not just my experiences in managing a Firm, but my experiences even as a junior advocate in the profession have influenced my thoughts and approach to my practice.

    I always bear in mind the wisdom imparted by several seniors over the years – be ethical, one’s reputation is more valuable than the money one makes in a matter or a lifetime, be humble and honest with the court, do not hide facts which may be against you and always read and review your own work. These are the broad principles which have guided me. Each day, I realise more and more the importance and truth in these pearls of wisdom. 

    Be thorough with the facts; prepare to present the matter as if the judges do not know anything and at the same time as if they know everything, that way one will eliminate the room for lacunae in preparation; cross-check every work product prepared by one’s team and also have one’s own work product carefully reviewed; these are the other thoughts which influence my approach to work.

    You’ve been involved in advising tech-based businesses and startups on legal and regulatory aspects. What unique challenges do these clients face in terms of technology laws, and how do you navigate them?

    In India, we suffer from too much regulation in certain areas and too little regulation in certain others. We are evolving as a nation in this regard. Both the legislature and the judiciary are wise to the regulatory quagmire. There are some promising steps being taken. Technology as an interface will also mitigate several of the challenges faced by both clients and lawyers. 

    Some clients have to find a way in the labyrinth of regulations and stay on the right-side of law without the burden of compliance sounding the death knell to the business. Some clients have to be told that what is not regulated does not mean that it is prohibited. Especially, newer kinds of business find themselves without any regulatory guidance and often these companies liaison with the regulators to bring about a law to govern their industry. Fintech is a classic example of industry-led regulation. It also has the danger of bias when business lead the way of regulations. But India has done well in that department overall. Of course, one can always improve. 

    Tech based companies making a foray and disrupting the finance, education or medicine industries find themselves facing unique business as well as legal challenges. Some of these issues were deliberated upon by experts from various fields in the Vichaar 2024 Conclave organised by our Firm. Right from designing the contracts that govern the relationship of the clients inter se, with their vendors and users, to the regulatory obligations under the law, new-age companies present issues which may not have any precedence and defy the template-model of transaction and conveyance practice. Without understanding the business there is no way one can find the thin line between legal and illegal business operations. The first step for any technology lawyer is to first understand the technology and the business. Then one must revisit the principles of law. I always find it useful to re-read the provisions of law and their interpretation before providing any advice. I feel this is especially important for start-ups as any misstep may cost dearly to not only the clients and their investors, but may also adversely impact the technical solutions piloted by such start-ups. And never cut corners.

    Cyber law is not a new expression in India’s legal system. But as technology evolves, tech-law also has to keep pace. We are all waiting for life to be breathed into the Data Protection Act. Fast evolving technology like AI is full of possibilities, opportunities and at the same time massively disruptive capabilities. AI would be a game changer in national security, personal privacy and the job market in general. This presents a huge challenge to everyone with stakes in the law and policy field to anticipate, prepare and adapt for the changes while safeguarding the core constitutional promises to citizens.

     Your experience includes handling pro bono cases for individuals with meagre incomes and working with NGOs like SEWA Bharat. How has this aspect of your work impacted your overall legal career?

    Every case is satisfying in its own way, be it contesting the unsustainable tax demand, bringing defaulting corporate debtors to books, dealing with breach of service law, championing the cause of unjustly terminated labour in getting justice, or representing the parties involved in the criminal justice system. 

    By nature, I have never been particular about money – not a great quality when you are managing your own practice, but that is what it is. So when I help someone in need, I do not feel altruist or special about it. It is what I am and what I do. But these cases also humble me, and they make me realize more and more the nobility of the profession.

    At the same time I would add this: ask any senior in any court and they will tell us to work harder on pro bono cases or cases where we are advocating the cause of some social organisation. These are cases which can shatter the delicate reputation that any lawyer has to build with great diligence and time. I take these words of caution with utmost seriousness.  

    Could you discuss your role as a senior associate at Lakshmikumaran & Sridharan, particularly your involvement in indirect tax matters and your appearances before various authorities and courts?

    I had one of the most enriching experiences of my life at LKS. It was a great learning experience. A large firm like that gives one the opportunity to work with seasoned and consummate professionals at the top of the game. One learns from individuals with great differences in style and approach. Where one senior demands perfection in the draft another would require extensive research even on issues tangential to the matter, just to be thorough and to leave nothing unprepared. I also had the opportunity to work from some of best Senior Advocates involved in indirect tax cases, from Mr. Harsih Salve, Mr. P. Chidambara, Mr. Arvind P. Datar, Mr. Santosh Bagaria, Mr. N. Venkataraman to Mr. V. Sridharan. 

    I worked closely with Mr. V. Lakshmikumaran during the time the Supreme Court constituted a special tax bench to speedily dispose of long-pending tax cases, including assisting him before the 9-judge bench Entry Tax matter. That was my first constitution bench matter. Thanks to him, I honed my ability to quickly navigate any brief, anticipate the questions and prepare for the same. Under him, I learnt the importance of preparing to explain the most basic points of a subject and at the same also to present the most nuanced and sophisticated points of the same subject. During the time the special tax bench was there, I was fortunate to have worked on more than 200 final hearing cases, which is a very rare opportunity for anyone in the profession. I must say this – the pace of Justice A.K. Sikri and Justice R.F. Nariman on the tax bench kept all of us on our toes and the entire team working on Supreme Court matters would have worked for close to 16 hours a day!

    Apart from appearing in the Supreme Court, I have handled cases before the Delhi High Court, CESTAT and at Commissionerate level. In all these, I have been the beneficiary of guidance and friendship of several lawyers of the firm. In no particular order, I am grateful for the time and guidance of Mr. B.L. Narasimhan, Mr. Amit Jain, Mr. Hemant Bajaj, Mr. MP Devnath and Ms. Jenny Verghese. Some of my former colleagues are today friends beyond and outside the profession.

    You’ve been actively engaged in conducting seminars and talks on legal issues for law students and professionals. What inspired you to take on this educational role, and what do you hope participants gain from these sessions?

    While in college, I read somewhere that the best way to learn a subject is to teach it. I started making presentations purely to learn topics, but I soon realised that I enjoyed the process of learning, sharing what I learnt and learning more in that process. I have since carried on with conducting such sessions with students. It is a way for me to learn more and to also give back to my profession.

    I also feel that due to the nature of the profession and the enormous syllabus which needs to be covered in college, nuances and practical aspects cannot be taught solely by the law institutions. Seminars and conferences which bring practical experience to the classroom serve to fill the gap of what can be taught in a traditional environment and what is expected/ required in the market. So our endeavour at the Firm is to bring the niceties of legal practice across to the students and aspiring young professionals.

    Lastly, based on your journey from law school to becoming a managing partner and advocate-on-record, what advice would you give to fresh graduates aspiring to enter the legal profession, especially in the areas of corporate law and governance?

    Legal profession is a rewarding and at the same time a highly demanding profession. The foremost demand placed by the profession is on the health of the individual, both physical and mental. Focusing on maintaining good health and creating a daily routine around which to organise every aspect of your life comes first. There are time-tested and well-respected qualities expected from any lawyer and law student – commitment, professional knowledge, professional competence, hard work, attention to detail and being well-informed about the developments in the society. By professional competence I don’t mean only written and oral communication skills, but I include adherence to ethical standards and providing honest advice to clients, even if such advice is unpalatable to the client. These are necessary but not sufficient conditions for success in the profession. Consistency, professional and personal integrity, steadfast adherence to professional ethics and building a good network are factors which make or break a career. To add a few words about personal integrity – a lawyer is somewhere between the society at large and the centres of power (though often the roles overlap) and hence, must bear the extra weight of responsibility to the society more so than most other professions and at all times conduct themselves as an ambassador of the profession.

    Speaking specifically about corporate law – keeping pace with business and economic development, learning about the evolving business trends, training to put oneself in the shoes of an entrepreneur – these are the qualities one must develop.

    I have saved the best for the last. Patience and unwavering self-confidence. These are, of course, empty shells if one doesn’t check all the boxes above. 

    Get in touch with Anandh K-

  • “The asset management domain is undergoing rapid expansion in a highly dynamic and competitive environment”- Anita Jain, Partner at IC Universal Legal

    “The asset management domain is undergoing rapid expansion in a highly dynamic and competitive environment”- Anita Jain, Partner at IC Universal Legal

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

    Can you share with us the pivotal moment or experience that led you to pursue a career in law, especially considering your initial inclination towards marketing and sales?

    As a teenager, I was very keen to pursue a career in the field of sales & marketing and enrolled for a specialized course in marketing & sales. The course was being conducted by the esteemed Narsee Monjee college of commerce & economics. It was a certificate course at the Higher Secondary school level for the academic session 2005-2007. I was all set to pursue bachelor’s in management studies and to follow it up with a master’s in business administration. It couldn’t have been a mere coincidence that my dad had to file a special leave petition in supreme court at around the same time. He so strongly wished we had a lawyer in our family who would manage all the family’s legal matters. Dad would narrate to us siblings the regular courtroom happenings in that matter. The narrations stirred in me a great interest in the profession of lawyering. Around the time I was wrapping up my junior college, dad was fully convinced that I would make a fine lawyer. Thus, I enrolled for a five years integrated law programme at Government Law College fulfilling my dad’s long held wish. 

    Transitioning from a specialized vocational course in marketing and sales to pursuing a degree in law must have been quite a shift. How did you navigate this transition, and what motivated you to embrace it wholeheartedly?
    Contrary to the popular belief, one really doesn’t need a grounding in law as a sine qua non for maturing perfectly. Honestly, the first year in college was completely orientational. Towards the beginning of the second semester all my scarcely precious lawyering skills were severely tested in an intra-college Moot Court event. I enjoyed studying law and shared the commonly found eagerness amongst law college nestlings – to apply all freshly earned knowledge to the various real-world situations at the drop of a hat. Much like my new peers I too quickly realised that the procedural aspects of the real courtroom made it a different place and the experience was overwhelming.
    In my early days, the prevalent myth was that courtrooms would be the eternal resting place for lawyers. It wasn’t late when after only a handful of interactions with the college seniors and professors alike, I realized that a degree in law would rather open up a wide range of career opportunities across sectors viz private practice, government sector, academia, nonprofit organizations and corporate world to name a few. All of that really motivated me to gain a deeper understanding and knowledge of business laws. Consequently, I also enrolled for the company secretary course to gain a deeper understanding about the corporate laws. 


    Your journey seems to have been influenced significantly by your father’s vision of having a lawyer in the family. How did his guidance shape your perception of the legal profession, and what role did it play in your career decisions?
    Precisely as the words ‘a lawyer in the family’ convey, his longing stemmed from the need he felt as a common man to successfully negotiate the turns and bends of the tortuous legal system. The trust you have on family you would not find anywhere even though you entrust your wellbeing into the hands of professionals. The missing link was the element of trust. Thus, he secured in his daughter a legal professional of utmost competence and trust. As a lawyer I hold these two virtues above anything else. My father was a businessman and ethics formed the bedrock of his enterprise. He believed that
    one shall pour his/her heart and soul into whatever he or she does”. I have been unconditionally following that belief to this day. He instilled in me a sense of propriety and wisdom. For him lawyering was not merely about securing judgments but much more about securing the larger interests of the common man and the wellbeing of the society as a whole. Two wrongs don’t make a right. Balance of time and resources is optimised through informed legal reasoning. Conciliation and mediation were the approaches rooted in my father’s vision of law as a means for rapprochement in the never-ending wrangle of lis and I have borrowed heavily from him to strike a fine balance between approaches hawkish and dovish without actually lending myself to either.

    Your sabbatical to focus on well-being and completing a Vipassana course is intriguing. How did this break impact your professional outlook and approach towards your legal career?
    Initially, I was very hesitant to take a break and had few concerns about taking a sabbatical from a career progression perspective. I was worried that taking time off would lead to falling behind in the field or missing out on opportunities for advancement. I had addressed these concerns and weighed them against the potential benefits of a sabbatical.
    Vipassana is one of India’s ancient techniques of meditation. It is this observation-based, self-exploratory journey to the common root of mind and body. The entire practice is actually mental training. The human body is not a machine. We have a mind and a soul. You can’t be good to your calling unless you are good to yourself. Your mind has to free itself for new ideas to sink in. The fourth dimension of spiritual creativity widens your field of view. Just as we use physical exercises to improve our bodily health, Vipassana can be used to develop a healthy mind.
    My outlook towards life (including professional goals) completely changed during that sabbatical. I realized that it was important to focus on one’s well being to do a long marathon rather than aiming at a short sprint.

    Having worked with various esteemed firms and handled significant projects, could you highlight a particular project or accomplishment that has been the most fulfilling or impactful for you so far? Invariably every completed project gives you a happy feeling. However, one unforgettable experience at IC Universal Legal, which has simultaneously been the most fulfilling & impactful, was of getting an opportunity to assist a committee of experts on investment funds, constituted by the International Financial Services Centres Authority (IFSCA) to review global best practices in making recommendations to the IFSCA on the roadmap for the industry. It was another great opportunity to have been able to contribute to the development of the investment funds regime at IFSC. The regular advocacy initiatives undertaken at IC Universal Legal makes my association very enriching and highly rewarding.

    Your expertise lies in funds practice, particularly in the asset management domain. What are some key challenges you face in this area, and how do you approach addressing them? 

    The asset management domain is undergoing rapid expansion in a highly dynamic and competitive environment. It brings forth challenges hitherto unseen and the scales and stakes involved are of epic proportions. One of the biggest challenges being faced by the contemporary asset management industry is that of the continuously evolving and somewhat complicated regulatory landscape. The industry functions subject to various regulations and guidelines issued by the SEBI & RBI, to name a few. Asset management lawyers need to remain ever updated and familiar with the continuously evolving regulatory framework. An in-depth understanding of the regulatory working mechanism is another indispensable requisite to say the least. At IC Universal Legal, we have detailed biweekly sessions entirely focussed on the latest legal developments, regulations and industry best practices. My role entails collaboration with clients, legal professionals and other industry stakeholders for the exchange of knowledge, sharing of best practices, and addressing common challenges collectively. 

    In addition to your professional journey, we’re curious to know if you have any hobbies or interests outside the work zone? 

    I have a passion for traveling. I enjoy traveling for leisure, engaging in adventure sports, outdoor activities such as scuba diving, river rafting, sea walking etc. My Wishlist is to catch northern lights soon and also cover major rafting zones across the world. 

    On weekends, I love exploring cafes across Mumbai to find the best smoothie bowl and hot chocolate. My friends call me Zomato and ping me for instant recommendations. 

    As a seasoned professional in the legal field, what advice would you give to fresh graduates who are aspiring to build a successful career in law, especially considering the evolving landscape of the industry?

    • “Be Yourself‘. Don’t benchmark your aim and purpose of life against someone else’s life achievements or goals. Draw inspiration from other people’s achievements. Introspect upon what you really want in life; define your goals wisely. Don’t participate in the rat race or glorify the hustle culture. Have your own vision and road map for your career goals. 
    • Track the latest developments in the legal field, especially in areas of law that interest you the most. 
    • Along with Intelligence Quotient, focus on soft skills such as communication, negotiation, problem-solving, and emotional intelligence. These skills are crucial for building relationships with clients, colleagues, and stakeholders and navigating complex legal situations.
    • Don’t take shortcuts, be honest and commit to learning to gain in-depth knowledge about the field. 
    • Attend legal conferences, events and sessions as this will help in building some great network and add to the learning curve. 

    Get in touch with Anita Jain-

  • “Keep moving forward with unwavering determination, and you’ll find that the rewards are bound to follow.” – Evolution from a First-Generation Lawyer to IP Law Specialist, Anil Kumar Sahu, Managing Partner of ALL IP CARE.

    “Keep moving forward with unwavering determination, and you’ll find that the rewards are bound to follow.” – Evolution from a First-Generation Lawyer to IP Law Specialist, Anil Kumar Sahu, Managing Partner of ALL IP CARE.

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

    Can you share with us the story behind your journey into the field of law? What inspired you to pursue a career in law, and how did your early experiences shape your path to becoming a seasoned legal professional?

    As a child, I witnessed my family go through a challenging and emotionally taxing ordeal that required multiple visits to various courts. During this time, my father faced significant hardship due to family disputes and it was during these moments of adversity that I had a profound realization that I would never want to see my family or anyone I cared about go through such difficulties again.

    This poignant experience became the catalyst for my decision to pursue a career in law. I was determined to gain the knowledge and skills necessary to navigate the legal system effectively, to protect the rights and interests of my loved ones, and to ensure that justice was served. It was a deeply personal motivation that fuelled my journey into the field of law, driven by a heartfelt commitment to prevent others from experiencing the same kind of turmoil and uncertainty that my family endured.

    Your firm, ALL IP CARE, specializes in Intellectual Property Rights among other legal services. What drew you to focus on this particular area of law, and what excites you the most about working in the realm of IP rights?

    Becoming an advocate, especially as a first-generation lawyer, presented me with numerous challenges on my path to success. In 2002, I embarked on a journey of advocacy at Tis Hazari Court. I gained first-hand experience in handling a diverse range of legal matters, including civil, criminal, matrimonial, writ, and service cases.

    However, life had other plans and in 2007, when I decided to switch my practice in the domain of Intellectual Property laws. This transition introduced me to the intricate world of IP laws.

    During my tenure at the IP law firm, I was fortunate to be presented with significant opportunities that I regard as noteworthy achievements. I was entrusted with the task of working on a research paper related to prior publication in the Designs Act, and I was also deeply involved in trademark research. These experiences allowed me to delve deeply into the realm of Intellectual Property Rights (IPR) laws.

    Given your extensive experience in criminal law, could you share some insights into how you approach defending clients in criminal cases, especially in light of your specialization in areas like Intellectual Property infringement?

    When approaching clients, particularly in cases of Intellectual Property infringement, I adhere to a strategic and comprehensive approach. Though stringent laws on criminal prosecution exist, their enforcement is challenged by limited awareness among law enforcement bodies. Investigation and scrutinizing evidence surrounding the alleged infringement go hand in hand, further buttressed by assertions from potential witnesses such as subject matter experts or law enforcement officers who can support building the case, whether it be a civil or criminal prosecution. Being able to adapt strategies based on evolving circumstances ensures the best possible outcome for the client in protecting their IP.

    Your profile mentions your involvement in organizing workshops and seminars on various legal topics. What motivates you to engage in these initiatives, and how do you believe they contribute to the legal community?

    As an IP lawyer, organizing workshops and seminars is not only a professional responsibility but also a passionate pursuit. The lack of awareness among people about intellectual property remains a significant hurdle, leading to substantial challenges in enforcing IP rights. It provides a platform to disseminate knowledge about trending developments and legislative changes within the field among young lawyers and business professionals which in return provides space to enhance understanding of complex IP concepts, as well as moulding opportunities for collaborative ventures. At the same time, it allows for an interesting brainstorming session with budding lawyers and business professionals.

    As a seasoned advocate, you’ve undoubtedly encountered diverse legal challenges. Can you tell us about a particularly challenging case you handled and how you navigated through it to achieve a favourable outcome for your client?

    I could recollect a notably challenging case that I handled which involved securing an injunction against a defendant who was dealing in jewellery falling under class 14, while using a tagline deceptively similar to our client’s tagline registered in class 3. Dealing with this complex matter required a strategic combination of legal research, expert collaboration, and meticulous argumentation and we crafted a compelling case by highlighting the infringement of both trademark rights and the deceptive trade practices involved. Through persistent negotiation and leveraging the strength of our legal arguments, we successfully obtained the injunction, thereby protecting my client’s intellectual property rights and securing a favourable outcome.

    However, I would like to stress that it is not a particular case but the domain of IPR laws which is itself a very challenging and rocky terrain which requires intellectually eccentric application of mind.

     Your firm has been involved in various legal initiatives and collaborations, including workshops with law enforcement agencies. Could you elaborate on the significance of such collaborations and how they contribute to the broader goal of legal awareness and enforcement?

    These collaborations with legal firms and law enforcement agencies are important for promoting legal awareness and enforcement of IP rights. These initiatives facilitate the exchange of knowledge and expertise, creating a better understanding of complex legal issues and procedures which in return helps in building capacity through proper guidance. Altogether, these efforts contribute to more effective problem-solving strategies, enhanced enforcement outcomes, and increased community engagement, by working together comprehensively and securing awareness among all channels of enforcement.

    Away from the courtroom, do you have any hobbies or interests that you like to indulge in? How do you strike a balance between your professional commitments and personal pursuits?

    Maintaining a healthy work-life balance for me involves a clear distinction between my professional and personal life. I establish boundaries to ensure that when I’m working, I’m fully engaged and focused on my professional responsibilities, and when I’m off-duty, I prioritize personal time with my family and watching documentary/ Bollywood movies. Additionally, I love to Share my knowledge and passion by becoming a mentor or teaching others about the different realm of the provision of laws.This separation allows me to recharge, spend quality moments with loved ones, and pursue hobbies and interests, ultimately ensuring that both my professional and personal aspects of life coexist harmoniously and contribute to my overall well-being.

    Lastly, considering the rapidly evolving legal landscape and the challenges faced by the current generation of legal professionals, what advice would you offer to young lawyers aspiring to make their mark in the legal field?

    Perseverance and patience are the fundamental keys to success. It’s essential never to lose faith in yourself and your journey because life has a way of presenting opportunities that make all the challenges and efforts worthwhile. I suggest to all young lawyers to remember a famous dialogue from the movie ‘3 Idiots’ – “All is well.”. This simple mantra serves as a reminder that, despite difficulties, maintaining a positive mindset can be a powerful tool to navigate through life’s ups and downs. Keep moving forward with unwavering determination, and you’ll find that the rewards are bound to follow.

    Get in touch with Anil Kumar Sahu-

  • “Thorough review and scrutiny of legal documents can help mitigate risks and prevent costly legal disputes or litigation down the line”-Siddhanth Pandey, Sr. Manager Legal-Adani Connex Pvt. Ltd

    “Thorough review and scrutiny of legal documents can help mitigate risks and prevent costly legal disputes or litigation down the line”-Siddhanth Pandey, Sr. Manager Legal-Adani Connex Pvt. Ltd

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

    Can you share with us how your journey led you to pursue a career in law, especially with your diverse experience spanning industries like projects, infrastructure, oil and gas, and pharmaceuticals?

    First of all, I would like to thank you for providing me this opportunity to share my journey. What needs to be understood is that while the journey to pursuing a career in law may vary for each individual, having diverse experience across industries can provide valuable insights and perspectives that enrich one’s legal practice and contribute to professional growth and success. Initially I wanted to pursue a career in Journalism but while exploring options after class 12th my father floated this idea of pursuing law and rest as they are history. While working in projects, infrastructure, oil and gas, and pharmaceuticals, I had encountered various legal issues and regulations. Through my experiences, I discovered a genuine interest in legal matters. I more often than not found myself drawn to the complexities of contracts, regulatory frameworks, intellectual property rights, or dispute resolution processes.

    With over nine years of experience, you’ve worked in various capacities across different organizations. How have these experiences shaped your approach to problem-solving and finding innovative legal solutions?

    My diverse experiences across different organizations have shaped my approach to problem-solving and finding innovative legal solutions by fostering adaptability, providing a holistic perspective, encouraging interdisciplinary insights, promoting creative thinking, and emphasizing continuous learning and improvement. These experiences equip professionals with the skills, knowledge, and mindset necessary to navigate complex legal challenges and drive positive outcomes in diverse contexts. Key things that I learnt are Adaptability, Holistic Perspective, Interdisciplinary Insights, Creative Problem-Solving, Continuous Learning and Improvement.

    As someone with experience in drafting and vetting a wide range of commercial agreements, could you highlight the importance of attention to detail in legal writing and review processes?

    Attention to detail is paramount in legal writing and review processes for several reasons:

    Accuracy: Legal documents often contain complex language and technical terms. Attention to detail ensures that the content is accurate and free from errors, including typographical, grammatical, or factual inaccuracies. Precision in language helps to convey the intended meaning clearly and reduces the risk of misinterpretation or ambiguity.

    Legal Compliance: Legal documents must comply with applicable laws, regulations, and contractual obligations. Attention to detail ensures that all relevant legal requirements are met, including citing relevant statutes, regulations, case law, and contractual provisions accurately. Failure to comply with legal requirements can have serious consequences, including legal disputes, financial liabilities, and reputational damage.

    Clarity and Coherence: Effective legal writing requires clarity and coherence in conveying complex legal concepts and arguments. Attention to detail helps to ensure that the document is well-organized, logically structured, and easy to understand. Clear and concise writing enhances readability and comprehension, enabling the intended audience to grasp the key points and legal implications effectively.

    Risk Mitigation: Inaccuracies or inconsistencies in legal documents can create legal risks and liabilities for the parties involved. Attention to detail helps to identify potential risks, ambiguities, or unintended consequences early in the drafting and review process. Thorough review and scrutiny of legal documents can help mitigate risks and prevent costly legal disputes or litigation down the line.

    Professionalism and Credibility: Attention to detail reflects professionalism and attention to quality in legal practice. Meticulousness in drafting and reviewing documents demonstrates a commitment to excellence and instills confidence in clients, colleagues, and stakeholders. Attention to detail enhances the credibility of legal professionals and reinforces trust in their expertise and judgment.

    Ethical Considerations: Legal professionals have ethical obligations to provide competent and diligent representation to their clients. Attention to detail is essential to fulfilling these ethical duties by ensuring that legal documents are prepared and reviewed with the utmost care and diligence. Ethical lapses, including negligent drafting or review, can undermine the integrity of the legal profession and erode public trust.

    In summary, attention to detail is a foundational aspect of legal writing and review processes. It promotes accuracy, legal compliance, clarity, risk mitigation, professionalism, and ethical practice in legal representation. By prioritizing attention to detail, legal professionals can enhance the quality, effectiveness, and integrity of their work product, ultimately serving the best interests of their clients and upholding the principles of justice and fairness in the legal system.

    Your expertise extends to intellectual property rights, including trademark registrations and copyright infringement claims. What advice would you give to businesses looking to protect their intellectual property effectively?

    As a lawyer, here is some advice I would offer to businesses looking to protect their intellectual property effectively:

    Identify and Understand Your Intellectual Property: Begin by identifying all forms of intellectual property (IP) your business owns or creates, including patents, trademarks, copyrights, and trade secrets. Understand the scope, value, and importance of each type of IP to your business operations and competitive advantage.

    Develop an IP Protection Strategy: Create a comprehensive IP protection strategy tailored to your business goals, industry dynamics, and market conditions. Determine which forms of IP protection are most relevant and valuable to your business, and allocate resources accordingly. Consider factors such as the nature of your innovations, competitive landscape, and potential risks of infringement or misappropriation.

    Secure Legal Protection: Obtain proper legal protection for your intellectual property assets through patents, trademarks, copyrights, and trade secret protection. Work with experienced intellectual property attorneys to assess the eligibility of your innovations for patent protection, register trademarks and copyrights for brand assets and creative works, and implement confidentiality measures to safeguard trade secrets.

    Enforce Your IP Rights: Implement proactive monitoring and enforcement measures to detect and address potential infringements or unauthorized use of your intellectual property. Regularly monitor market activities, competitor behaviour, online platforms, and industry publications to identify instances of infringement or misuse. Take prompt and decisive action to enforce your IP rights through cease-and-desist letters, negotiation, mediation, or legal proceedings when necessary.

    Educate and Train Employees: Educate employees about the importance of intellectual property protection and their role in safeguarding IP assets. Implement policies, procedures, and training programs to raise awareness about IP rights, confidentiality obligations, and best practices for handling sensitive information. Foster a culture of respect for intellectual property and encourage employees to report any suspected infringements or security breaches promptly.

    Protect Your Brand: Your brand is one of your most valuable assets, so it’s essential to protect it effectively. Register trademarks for your brand name, logo, slogans, and other distinctive elements to prevent others from using similar marks that could cause confusion among consumers. Monitor the marketplace for potential trademark infringements and take appropriate legal action to defend your brand’s integrity and reputation.

    Document and Maintain Records: Keep detailed records of your intellectual property assets, including registration certificates, licensing agreements, assignment documents, and enforcement efforts. 

    Stay Informed and Adapt: Stay informed about changes in intellectual property laws, regulations, and industry trends that may impact your business. Stay abreast of emerging technologies, market developments, and competitive threats that could affect your IP strategy. Continuously evaluate and adapt your IP protection strategy to address evolving business needs, market conditions, and legal requirements.

    By following these guidelines and investing in effective intellectual property protection strategies, businesses can safeguard their valuable innovations, brand assets, and competitive advantages, mitigate risks of infringement or misappropriation, and maintain a strong position in the marketplace.

    In your role at Cyril Amarchand Mangaldas, you were involved in drafting agreements related to renewable energy generation and handling environmental inquiries. How do you balance legal requirements with environmental sustainability concerns in such projects?

    By adopting a holistic and proactive approach that integrates legal requirements with environmental sustainability concerns, renewable energy projects can achieve positive environmental outcomes, contribute to climate mitigation and adaptation efforts, and foster long-term social, economic, and environmental benefits for communities and ecosystems alike.

    Balancing involves: Compliance with Environmental Regulations, Adoption of Best Practices and Standards, integration of Environmental Considerations into Project Planning, Engagement with Stakeholders and Communities, Embrace Renewable Energy Technologies and Innovations, Monitor, Evaluate, and Adapt.

    Lastly, drawing from your extensive experience, what advice would you offer to fresh law graduates aspiring to excel in the legal field, especially in terms of developing their problem-solving skills and navigating diverse industries?

    Continuous Learning and Growth: The legal profession is dynamic and constantly evolving, so commit yourself to lifelong learning and professional development. Stay updated on changes in laws, regulations, and industry trends relevant to your practice areas. Engage in continuing legal education (CLE) programs, attend seminars, workshops, and conferences, and seek mentorship from experienced practitioners to broaden your knowledge and expertise.

    Develop Strong Analytical Skills, Enhance Communication Skills, Embrace Interdisciplinary Perspectives, 

    Seek Diverse Experiences: Be open to exploring diverse practice areas, industries, and professional opportunities to gain valuable experience and expand your skill set. Consider internships, clerkships, externships, and volunteer opportunities in law firms, government agencies, corporations, non-profit organizations, and international institutions to gain exposure to different legal environments and practice settings. Seek out mentors and role models who can provide guidance, support, and insights into various career paths and practice areas.

    Cultivate Adaptability and Resilience: The legal profession can be demanding and unpredictable, so cultivate adaptability and resilience to navigate challenges and setbacks effectively. Embrace change, uncertainty, and ambiguity as opportunities for growth and learning. Develop the ability to think on your feet, adapt to new situations, and bounce back from setbacks with resilience and determination.

    Maintain Integrity and Professionalism: Uphold the highest standards of integrity, ethics, and professionalism in your legal practice. Act with honesty, integrity, and transparency in all your professional dealings. Respect confidentiality, avoid conflicts of interest, and prioritize your clients’ best interests above all else. Build trust and credibility with clients, colleagues, and the broader legal community through your ethical conduct and professionalism.

    Get in touch with Siddhanth Pandey-

  • “As a first-generation lawyer, building my practice from scratch was indeed a challenge, but it was also a journey filled with rewarding milestones.” – Sanjay Jain, Senior Advocate and former ASG of India

    “As a first-generation lawyer, building my practice from scratch was indeed a challenge, but it was also a journey filled with rewarding milestones.” – Sanjay Jain, Senior Advocate and former ASG of India

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

    Starting as a first-generation lawyer, you faced the challenges of building your practice from scratch. Can you share a turning point from those initial years that significantly impacted your professional trajectory? Could you share some insights into your early school days and college life journey, the struggles you faced during your studies, and what motivated or inspired you to pursue a career in law?

    As a first-generation lawyer, building my practice from scratch was indeed a challenge, but it was also a journey filled with rewarding milestones. We all know that the legal profession was not very rewarding for beginners, particularly in the 1980s, resulting in a significant number of lawyers leaving the profession within five years of joining it. Naturally, I, too, needed a turning point to stay put in the profession. In 1989, in the aftermath of a long-drawn lawyers’ strike in Delhi Courts, I was in two minds about continuing my independent practice. Then came a phase when, within a period of a few months, in three different matters in Delhi High Court, I received appreciation from the Bench for my performance as a lawyer in open court. Encouraged by the same, I banished all thoughts of quitting the profession and kept looking for opportunities to improve myself as a lawyer of substance. In my free time, I would prefer to go and sit in any courtroom randomly and watch the proceedings. Many tools in the kit that I possess as a lawyer today were picked up from watching other lawyers, which later got chiselled with experience.

    In terms of professional growth, the next level turning point came in years 1993 when a few MNCs, particularly, American Express Bank’s Card Division, gave me a retainer, whereafter, by the grace of God, I never looked back and I was able to augment my practice not only in terms of volume of work but also qualitatively and geographically. The trajectory gradually gained width, and I started getting briefed for matters in courts spread all over the country.    

    Reflecting on my days as a student, I believe that all the credit for my development as a person and particularly my acquiring a taste for reading books on different subjects would go to my teachers, who encouraged me to participate in extracurricular activities and encouraged me to be a bilingual debater. To prepare for my debates, I would read more and more books, and visit all public libraries in Delhi and perhaps, in one of these moments, the Almighty God scripted my destiny, which eventually led me to a profession where reading is quintessential. 

    As regards struggle, I had my own share of it, in plenty. The students in my days, even those hailing from well-to-do families, by and large, were not loaded with deep pockets, and socialism in its true sense could be seen when almost everyone would be running to board a crowded DTC bus. Thus, a sort of existential struggle was part of life, notwithstanding the fact that family support secured basic needs for most of us, including me. Since in my entire family, be it from my mother’s side or my father’s; nobody was in the profession of law or judiciary, I cannot say that I was angling to be a lawyer at the time when I joined the Law Faculty. Options were wide open. Inspiration to become a lawyer came from the Dean of Law Faculty, Professor Ponnuswami, with whom I had regular interaction as the President of the Student’s Union. I would not know what he saw in me, but he was very sure that my place was in the Courts and in one of the meetings in his office on the DU Campus, he told me that the straight road from his office goes to Tis Hazari Court and that I should be walking on that road without wasting any further time.  

    Once again, it was my teacher who helped me in choosing my career, and it is the collective blessings of all my teachers in school, lecturers, readers and professors at the University of Delhi that have shaped my life, professional as well as personal. I am particularly indebted to Mrs. Sunanda Roy, an Advocate, who referred many high-profile individuals in my first phase of practice, enabling me to find my feet and to Mr. Arun Jaitley, Senior Advocate and later, a Minister in the Union Government, who guided me at those crucial moments in my professional life, which proved decisive and helped me to elevate to the next level.

    In simple words, I would say that motivation and inspiration are part of a constant dynamic process, and one has to draw them through an honest introspection of one’s abilities, strengths and quotient of enjoying a particular field of work. Speaking for myself, I applied the method of elimination and over a period of time, I realised that given my strength as a speaker, my ability to analyse situations in an objective manner and the fact that I enjoyed the situations where academic knowledge and practical solutions could be blended, law was best suited for me as a profession and I have never found myself lacking in motivation to continue in this profession.     

    During your college years, applying for internships and gaining practical legal experience was a crucial step. Could you share some insights into how you navigated the process in an era before online applications? What challenges did you face, especially in securing internships with renowned firms or senior advocates?

    In the 1980s, there was no structured system of internships in Delhi. Even at the university level, there was no such initiative or program whereby the students were encouraged to take up internships. Any student interested in exposure to courts would have to use his personal contacts, in as much as there was no practice of applying in a formal manner. Ordinarily, first-generation lawyers would not get opportunities to intern, barring a few whose parents were in a position to secure it for them. Speaking for myself, I did not do any internship while pursuing my LLB course. The mode of teaching law at Delhi University was case law based, and the classes were highly interactive and illuminating, particularly with some extraordinary gentlemen teaching us as lecturers, readers and professors, and we were generally in good pace with the latest judgments pronounced by the Supreme Court. The classroom discussions and the discussions in the canteen and corridors did not make me feel the need to go for an internship involving court visits or visiting a lawyer’s office. Besides, my extra-curricular activities in the college and my involvement in the students’ politics, blended with the fact that I took my classes seriously, left me with no time for internships.     

    In your journey, you’ve been involved in high-profile cases, including intellectual property laws and family partition disputes. Can you share a particularly challenging case and how you approached its resolution?

    As regards family partition disputes, I would not like to speak much as they are essentially confidential in nature and are close to the emotions of the individuals who were forced by circumstances to be litigants. However, I can take pride in the fact that as a lawyer, I handled family disputes with a conciliatory approach, not by questioning the conviction of the clients because the clients are highly emotional in the truth of their version. Therefore, the strategy that I would adopt was to elevate the level of the contest both by way of pleadings and/or cross-examination, so that the opposite party would feel the heat and prefer to come to the table for settlement. I personally believe that in all property matters involving family members, whether it is a suit for partition or a dispute of succession, the settlement is the best conclusion of litigation.  

    I had the good fortune of representing top MNC brand owners in trademark litigation, mostly from the plaintiff’s side, courtesy of the trust reposed on me by two major IP Law Firms in Delhi, Remfry & Sagar and K&S Partners. In one such case, when I was engaged for the plaintiff, the Application for grant of ad-interim injunction was pending for a long time since no ex-parte relief was granted, despite highly reputed seniors appearing for the plaintiff. A challenge before me was to get the case heard, for on each date the matter would be adjourned due to the weight of the volume of the brief and the perception of the Court that the arguments would take long. I decided to take a risk, albeit taking my briefing firm in confidence, by keeping my opening arguments lucid, without compromising the contents and touching all points in a brief and succinct manner and to deal with the contentious points in the Rejoinder arguments. The strategy worked and, in a case, where the plaintiff was without interim orders for several years, was able to get one within two hearings. The point I am making is that as a Senior Advocate, one cannot rest on the basis of briefing alone in a ritualistic manner, but in each matter, there is a need to make value addition and above all, there is a need to strategize the arguments and if possible, to make a plan B to meet contingencies in the Court.    

    Returning to independent practice in 2023 after serving as the ASG for the Supreme Court, what aspects of your independent practice are you most excited about, and how do you plan to leverage your experiences in your current role?

    Resuming independent legal practice in 2023 after serving as the Additional Solicitor General for the Supreme Court of India is a momentous step in my career and I am truly enjoying it. This transition brings a renewed sense of excitement and purpose, especially given the wealth of experience and insights, that I have gained during my tenure as the ASG. The prospect of handling a varied and challenging caseload is particularly exhilarating. I am confident that my new innings will enable me to delve deeper into complex legal issues and encourage me to learn new nuances and perspectives of the legal issues. It will also give me an opportunity to learn from the colleagues, whom I missed facing/working with during my tenure as ASG.

    I am particularly excited about the new dimensions of legal practice, particularly the regulatory practice before specialized tribunals such as the Competition Commission, NCLT, NCLAT, PNGRB, APTEL, CERC, Lokpal etc. I am also enthused about the advent and growth of white-collar litigation in the criminal law field. I am also looking forward to upgrading myself in the fields of IP Laws, Information Technology and Telecom Laws. 

    Reflecting on your extensive experience in litigation, what are your thoughts on the field, and what suggestions would you offer to students aspiring to pursue a career in litigation? Could you share insights into the challenges you foresee or personally faced during your early days of practice that would be valuable for them?

    The legal profession is intertwined with challenges at each stage; only the nature of the challenges can differ. The challenges that I and my contemporaries faced during my early days were primarily existential in the sense that we were all looking for work, in order to continue our existence in the profession, coupled with the challenges as a breadwinner for the family. Since then, the diversification of the profession has infused more work, both in terms of quantity and quality, but at the same time, the advent of five-year law courses has intensified the competition with a very large number of lawyers joining each year.  Now, the challenge is to carve out a niche for oneself, or else, one may get submerged in the deluge of lawyers, who have shown greater alacrity in reacting and grabbing the opportunities. 

    It is the quest to carve out a niche that is the biggest conundrum for a young lawyer and to resolve the same, s/he would need the guidance and insight of seniors. The first question that confronts a young lawyer desirous of pursuing litigation as a chosen field in the legal profession is to take a call if she wants to gain foundational exposure to legal practice at the trial courts, tribunals, High Courts, Supreme Court or one or more combination thereof. Once a call is taken on this aspect, the next question is whom to join or where to join. In my view, both the questions are inseparably linked. It is a hard fact that every lawyer would not have the luxury of picking up the place of joining or the practice profile. Therefore, the ideal situation would be to internally prepare a list of preferences and look for opportunities accordingly. 

    The bottom line is patience, for one must remember that Rome was not built in a day; and that there are no shortcuts if a young lawyer wants to become a lawyer of substance. Therefore, a young lawyer should not get inspired by a rapid-fire success story of a particular lawyer; for all one knows, it may be short-lived, it may be a fluke; maybe such a lawyer whose success gained in a short time looks attractive is actually a windbag juxtaposed to a lawyer of substance. The stories worth emulating are only those where a lawyer, taken as a role model, has built up her body of work with hard work, exemplary court demeanour, following ethics, maintaining integrity and exhibiting skills based on domain knowledge and comprehensive research. I would suggest that even in the choice of senior or a firm, the above factors should always be weighed. In my view, it is extremely important to how a young lawyer conducts herself in the court in terms of observing the dress code, which in my view includes footwear, in terms of leadership and communication skills, in terms of maintaining decorous behaviour in the court and courtesy exhibited in the interaction with the colleagues including opposite counsels.  

    Most of the tools which an arguing counsel must possess are developed and chiselled in the courtrooms only because the court craft cannot be taught in law schools. A young lawyer needs to learn when to start, when to pause and when to end. Voice modulation, submissiveness and calculated aggression are priceless tools that need to be keenly observed at the Bar and then inculcated into one’s system, not by copying but by blending the same into one’s own strengths and qualities. An eye for detail is highly recommended. Seeing is believing should be the philosophy before relying upon a document received from clients. Above all, it must be understood that more often than not, a client would not be in a position to assess or may not be voluntarily willing to part with the necessary information or documents required in the best interest of his/her litigation. A lawyer has to develop a skill to elicit information from clients to anticipate the documents that would be required for the case and to insist that those documents are collated and supplied. 

    Last but not least, familiarity with the court building and the court procedure, where one practice is a sine qua non for the success of a litigation lawyer. In my view, a young lawyer may call herself a dispute lawyer, which is the term in vogue, only when she passes the above stage and is able to deliver for the client and at the same time, is able to inspire confidence in clients, colleagues and courts.      

    Your college days at Delhi University seem to have played a pivotal role in shaping your diverse interests, including your art collection, your extensive library, and your love for both vocal and instrumental music. Can you shed light on your non-legal life during those days and how these interests continue to enrich your personal journey?

    My college days at Delhi University left a lasting impact on my diverse interests outside the legal sphere. During those years, I immersed myself in a world of cultural and artistic exploration that continues to enrich my personal journey to this day.

    One of my enduring passions from my college days is the art collection. The vibrant cultural scene in Delhi, especially within the university, exposed me to a wide range of artistic expressions. I found myself drawn to various forms of art, including paintings, which eventually contributed to the art collection that I currently have. Collecting art has been an enjoyable journey, filled with inner peace, spirituality and the ability to view things from diverse perspectives. 

    My extensive library includes books, not only books from different parts of India but drawn from all parts of the world, written in different languages. I have admired the beauty of the classics, drawn inspiration from autobiographies and travelogues, gained knowledge from historical narratives and interpretations, widened my understanding of different genres of fiction writing, mythological stories, critiques, both social and political, broadened my wisdom and comprehension by reading religious and philosophical writings and have truly enjoyed the comics.

    My love for both vocal and instrumental music also has its roots in my college years. Delhi University’s rich cultural heritage exposed me to the vibrance of music from different traditions. I developed an appreciation for classical and folk music, often attending music concerts.

    As a bibliophile, can you recommend a book that has significantly influenced your perspective, either personally or professionally, and why?

    In my formative years, I read a variety of literature. I was hugely inspired by the vernacular literature comprised of the writings of Munshi Prem Chand, Dushyant Kumar, Jaishankar Prasad, Maithili Sharan Gupt, Ram Dhari Singh Dinkar, Mahadevi Verma, Rabindra Nath Tagore, Vijay Tendulkar, Mohan Rakesh, Dharma Vir Bharati, besides translated works of many regional giants, who have graced the landscape of literature in Indian languages. I also enjoyed the monumental works written by the stars of BhaktiKal / RitiKal, such as Goswami Tulsidas, Kabir, Rahim, Bihari and Surdas. I immensely enjoyed the translated works from Sanskrit, Persian and Urdu. 

    However, if I have to point out one book that left an indelible imprint on my thought process in my growing years, which surely must have impacted my personality subconsciously, it is The Fountainhead by Ayn Rand. The underlying message of the book, departing from its various complex interpretations, which I personally absorbed for myself, was that in the ultimate analysis, it is me only who is responsible for my actions and that, therefore, there is nothing wrong in flaunting a bit as regards my instinct for preserving my self-respect even if it is construed as ego by others and as regards my efforts to watch my self-interest, as distinct from selfishness for the simple reason that unless I watch my self-interest I cannot be of any use to others in the society. The ultimate takeaway of the book was that each person has to respect himself/herself in order to grow as a person, and it is this realisation alone which is the fountainhead of human progress.  I have taken the message of the book as I have construed it in my own way and have followed it invariably. In fact, in Hindi, I prefer to call this element of self-respect “Asmita”, which is also the title of the collection of my poems.

    Balancing a legal career and personal interests can be demanding. Do you have any specific routines or rituals that help you maintain this balance and stay inspired in both your professional and personal pursuits?

    I personally believe that where there is a will, there is a way. I also believe that I do not have to throw my weight around, and I need to retain my humility. I always remember that after the game of chess is over, the king and the pawn are packed in the same box. Therefore, I have been able to manage the balancing act with reasonable ease, and the reasons for the same as I see it are that I enjoy my professional work, and do not perceive it as a burden or something in conflict with my other interests. With that bend of mind, I seamlessly transit myself to the experiences of other interests of mine, be it movies, books, theatre, concerts, travel or other aspects of my life. It is correct that in terms of time, my profession consumes most of it, but it is always possible to make the most of the remaining time. The key is how one organises one’s life and how well the time is utilised with a bit of multi-tasking and an uncluttered mind. Above all, I have a full realisation that I am unique, hence incomparable; that I need not know unnecessary information about others; that I cannot be a character in every story, so let it go.    

    You’ve received an Honorary Doctorate in acknowledgement of your contributions to the legal domain. Could you share with us how such a significant recognition influences your sense of responsibility and commitment to the legal profession? In what ways do you perceive this honour shaping your future endeavours and the impact you aspire to make within the legal community?

    Receiving an Honorary Doctorate as a recognition of my contributions to the legal domain is an incredibly humbling and gratifying experience. This significant recognition brings with it a heightened sense of responsibility and commitment to the legal profession, which influences me in several profound ways.

    Firstly, this honour reaffirms my dedication to upholding the highest standards of legal practice. It serves as a reminder of the impact one can have through diligent and ethical work. In response, I feel an increased responsibility to continue contributing positively to the legal community, maintaining integrity, and striving for excellence in all my professional endeavours.

    Additionally, this recognition motivates me to further engage in mentorship and education within the legal field. I see it as an opportunity to inspire and guide the next generation of lawyers. I aim to share the knowledge and experiences I’ve gathered over the years more actively through teaching, writing, or speaking engagements. By doing so, I hope to play a part in shaping a future legal community that is skilled, ethical, and dynamic.

    The honour also strengthens my commitment to pro bono work and access to justice. It reminds me of the importance of using my skills and knowledge to serve those who may not have easy access to legal assistance. I feel a renewed drive to contribute to causes and cases that can bring about social change or aid individuals in need.

    Furthermore, this recognition broadens my perspective on the potential impact of my work beyond the courtroom. I’m inspired to engage more deeply in legal research and policy-making, areas where I can contribute to the evolution of law and its practice. This could involve working on law reform, participating in think tanks, or advising on policy initiatives.

    Lastly, receiving an Honorary Doctorate fuels my desire to continue learning and evolving. The legal field is constantly changing, and this honour is a reminder that one’s education and development in the field never truly ends. I’m encouraged to keep abreast of new legal developments, technologies, and methodologies to ensure my contributions remain relevant and impactful.

    Considering your extensive legal career, what advice would you offer to the current generation of aspiring lawyers regarding the choice between gaining practical experience through internships and pursuing higher studies, particularly the prospect of doing an LLM abroad?

    When considering the choice between gaining practical experience through internships and pursuing higher studies like an LLM abroad, it’s important for aspiring lawyers to first understand their career goals. If you aim to specialize in a specific area of law, engage in academic research, or pursue a career in academia, then an LLM from a prestigious international university can be highly beneficial. Such a degree can provide in-depth knowledge and a global perspective, which can be invaluable in certain legal fields. It’s also an opportunity to develop a network of international legal contacts and gain exposure to different legal systems, which can be particularly advantageous if you’re interested in cross-border legal work or international law.

    On the other hand, the value of practical experience gained through internships cannot be overstated. Internships offer a real-world understanding of legal procedures, client interaction, and the day-to-day workings of the legal system. This hands-on experience is crucial for developing practical skills that you cannot learn from textbooks or in a classroom. It also helps in building a professional network, which is essential for a successful legal career. Internships can provide insights into how law firms operate, the challenges of legal practice, and can help you determine the specific areas of law that you’re most passionate about.

    It’s also worth considering a combination of both paths. For instance, you could pursue an LLM abroad to gain specialized knowledge and international exposure and then focus on internships or practical legal work to apply and further develop these skills. This approach can offer the best of both worlds – the advanced knowledge and prestige of an LLM, along with the practical skills and real-world experience gained from internships.

    Finally, remember that each path has its unique set of advantages, and your choice should align with your long-term career aspirations and personal circumstances. Some legal careers benefit more from advanced academic credentials, while others prioritize practical experience. Reflect on where you see yourself in the legal field and make a decision that aligns with your professional goals and personal growth.

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