Can you tell us about your journey into the field of law? How did you end up pursuing a career in law, and what inspired you to choose this path?
I was allegedly a rulebreaker as a child. Therefore, I was repeatedly taught the importance of rules and order. I was keen to learn who makes these rules, and why should I abide by them. This took me to the field of law. I also had the opportunity to often visit my parents’ friend who was a district court judge. She commanded a lot of respect, and that inspired me. More than anything else, I was looking for a field of work where I could do well enough to create my own space in a city of my choice. Law fit the bill.
You’ve had a remarkable 9-year journey at Nishith Desai Associates as a Legal Associate and now as the Leader of the Investment Funds Practice. Could you share some highlights and turning points in your career during this time?
I joined as a disputes intern at NDA in 2013. Incidentally, my desk was in the middle of the Investment Funds team. I got most of the work from this team and I developed a liking for the practice. It was different, it touched upon different legal subjects, and I was keen to learn more about the industry. Finance had always eluded me. This practice area reintroduced me to finance from a legal perspective. The turning point in my career was having to take up a position of leadership quite early due to the dearth of lawyers specialising in this practice area. Under appropriate guidance and encouragement, I have been able to deal with the overwhelming expectations from a leader.
As a seasoned professional in the legal industry, what challenges did you face during your journey, and how did you overcome them?
I prefer a conversation over a squabble. If the other side preferred a squabble, then I often felt withdrawn from the discussion. However, over the years, I have learned that a squabble can be turned into a conversation. It just takes a lot of skill and grace to do so.
In your current role as the Leader of the Investment Funds Practice, what are the key responsibilities and areas of focus?
There are three main focus areas that I try to focus on:
(i) client acquisition and servicing;
(ii) mentoring and bringing up the next league of leaders; and
(iii) continuing self-education and using that to assist policy makers and regulators.
The legal industry is constantly evolving. How do you stay up-to-date with the latest developments and trends in the field of law?
I have subscribed to many newsletters prevalent in the industry, I regularly attend webinars and conferences on topics of interest, we conduct focused research across different platforms to improve specialised knowledge, we write a monthly newsletter ourselves which is well resourced, the entire team brainstorms on every update in law in our practice area and reading the newspaper always helps.
Could you share a memorable or impactful case or project you’ve worked on during your career that left a lasting impression on you?
I worked and led many efforts on the formation, raising and each of the closings of the National Investment and Infrastructure Fund, which is the largest infrastructure fund sponsored by the Government of India (49%). We had the opportunity to negotiate with the most leading sovereign wealth funds across jurisdictions, learn about local laws and restrictions applicable to such investors, their expectations from Indian funds which are sponsored by the Government. We honed our skills to manage multiple investors and conflicting expectations at the same time. We developed endurance to work through late nights and weekends in a manner that no amount of workflow could scare us afterwards. Each document drafted by us underwent many rounds of review by the best law firms across the globe, giving us insights and opportunity to exchange notes across borders. This particular project definitely left a lasting impression on me.
What motivates you to continue pursuing a career in law, and what aspects of your work do you find most fulfilling?
I am good at this, and I enjoy getting better at this. I think I am mostly self-motivated. We assist either fund managers, or fund investors in mobilising capital which is then invested across different businesses, giving rise to employment, innovation, development and economic progress. We play a small but significant role in getting the deal through and that is quite fulfilling.
As a leader in your practice area, how do you maintain a work-life balance and ensure the well-being of your team?
The meaning of ‘work-life balance’ is not universal. It is dynamic and it evolves over time. For me, it becomes easier when I allow some aspects of work-life slip into my non-work life and vice-versa, i.e. integrate the two, rather than making rigid efforts to keep them segregated. I try to remain emotionally connected with my team-members so that they trust me and feel comfortable in confiding in me when things get too overwhelming. I am apologetic if (in rare circumstances) I take up their weekend time. I mostly encourage my team-members to decide timelines rather than dictating timelines unless clients are getting adversely impacted. I try to ensure that my team-members are not bothered with calls and work when they take vacations.
Finally, what advice would you like to give to fresh law graduates who are about to enter the legal profession? What key qualities and skills do you believe are essential for success in this field?
Try not to restrict your wardrobe to black and white. There will be days when you will get to wear colours. Every lawyer is different despite what people may tell you or the jokes you may hear. There are no defined rules to be a ‘good lawyer’ or a ‘bad lawyer’. Try not to put yourselves in boxes, try to explore and innovate, and try to remain keen. You will possibly find it easier to work as a lawyer if you are able to (i) translate your thoughts (and your clients’ thoughts) into appropriate and impactful words, (ii) break sentences or statements down into smaller phrases and make sense out of each phrase independently, (iii) get to a point or bring the other side to a point in an unsuspecting manner; (iv) be tolerant and inclusive, be prepared rather than being shocked at your arguments or points of view being defeated.
Madam, could you please introduce yourself and provide some background information about your career in law?
I am an arbitrator and barrister at Twenty Essex Chambers in London, specialising in commercial and investment arbitration. I am also a Fellow, Trustee, and Council Member at Hughes Hall College at the University of Cambridge. I started by studying law as an undergraduate at Cambridge in 1995, so my legal journey spans 28 years. I am qualified to practise law in three jurisdictions.
How important are mentors in the junior lawyer’s journey?
As junior lawyers, we learn from people and not just books. I have tried to learn from other lawyers, both senior and junior to me, in terms of what they got right and what they didn’t. When you are a junior lawyer, you have a different perspective and role in a large case. It is important to remember that vantage point when dealing with junior lawyers. This cannot be too difficult because we all start as junior lawyers. I was fortunate to learn from some of the best in my field. I have benefitted from the kindness and patience of many colleagues over the years, but two in particular come to mind. Arthur Marriott KC and Cherie Blair KC not only taught me by their example, but they also gave me the great gift of believing in my abilities as a lawyer even before I did so myself.
Did you face any challenges or obstacles while pursuing your legal education or during your early career in law? How did you overcome them?
I needed to find my place in the legal profession. This is an ongoing journey as I move from counsel to more of an arbitrator role. I did not come from a family of lawyers. The profession was all the more novel because the women in my family were not career professionals. So, I did not know what being a (female) lawyer was about. I did not know where I would fit in, especially when I started in 2000; arbitration in London did not appear diverse. I also elected to practise at the English Bar, which has a legacy from 1420, so half a millennium, but women and those from racially diverse backgrounds are comparatively recent entrants.
I think it’s important to understand the context in which a situation arises. As I was not born into the English legal profession I approached it with a convert’s zeal. So, I attempted to learn as much as possible about the Bar, its history, and its workings. I would say the same applies to my practice area – commercial and investment arbitration. Disputes do not arise in a vacuum; in addition to knowing the legal dimension, it is also important to understand their context. I also try to understand the project, its technical, cultural, geographical, and, of course, its commercial dynamics.
Could you share some of the most memorable cases, experiences, and milestones you’ve worked on during your career and how they have shaped your perspective on the legal profession?
I was fortunate to come by early successes in cases as counsel. In the public domain, Sky Petroleum v Albania is one such case in which a $1 billion claim was dismissed in its entirety with costs in my client’s favour. It was one of the first cases I did on my own. It was literally two of us – my instructing solicitor and me in the hearing room opposite this large team of City lawyers. It gave me great courage and belief. I am not phased now by working in small teams because I believe that sometimes a lean team can achieve great things. It also gave me great faith in the arbitration system. An intelligent and hardworking tribunal will be able to see the dispute for what it is and come to a fair decision.
As I started working more on treaty disputes, I was keen to learn more about treaties, so I spent a few years drafting and negotiating investment treaties, which took me to many interesting places in the world and gave me a rare insight into how treaties are made. For example, I assisted with the negotiations of the COMESA Investment Agreement in the 2000s.
Regarding milestones, my first appointment to an ICSID Annulment Committee was a great privilege and honour for me since I started my professional journey with ICSID arbitration 23 years ago.
As you progressed in your legal career, did your initial reasons for entering the field evolve or change? If so, how?
When I first started out in the law, I wanted to win cases for my clients. That still remains true when I wear my counsel’s hat. As an arbitrator, the role is different. When I serve as an arbitrator, I try to understand the dispute from all its perspectives and focus on making the right decision. It is, therefore, incredibly important that arbitrators can understand the dispute, its commercial, technical, and cultural dynamics, as well as the law.
How do you manage your work and well-being?
As lawyers, we trade our time – which is a non-renewable resource, for money, which is a renewable one. In theory, you can make more money after losing it, but you can never get back more time. I have learned to appreciate the value of time as I get older, so I am trying to be careful about how I spend it. I am also becoming increasingly conscious of taking better care of my mind and body. I am a work in progress when it comes to seeking the balance between work and well-being. There are numerous routines and productivity tools out there. The basics remain the same – good sleep, decent nutrition, meditation, spending time with loved ones, keeping positive, and exercising. If there is one hack I could share, it is to “go for a walk”. If you run or jog, so much the better, but going for a walk helps clear the mind. Charles Darwin used a “thinking path” of about half a mile around his house to reflect on ideas. Finding space to move does wonders for the mind and body.
I also train in boxing. It keeps my physical (and mental) reflexes sharp. It’s important to be quick on your feet as a barrister, and the physical sparring reminds me of that.
How do you see AI’s impact on the legal profession?
I believe the impact of AI will be massive in our profession as the technology grows more sophisticated. It is important for us to understand its implications and harness it, especially for junior lawyers who will need to adapt their skills to compete. I remember when mobile phones first came about over thirty years ago and where they are now. This time, technology change will be more rapid and disruptive. AI is a powerful dragon, it’s important to learn to control it.
How important is networking and building professional relationships in the legal industry? Do you have any tips on how to network as a young lawyer effectively?
This has two steps. You need to first know yourself before knowing others. It is important to find your identity, understand your unique selling points as a lawyer, be conscious of your strengths and weaknesses, and then find networks to leverage them. At least, that is what logic would dictate. I do not practise what I preach. I have never found a linear correlation between my professional networking and my work. I meet colleagues because I enjoy meeting people to learn about new ideas and their experiences. Recently, I have started interacting on LinkedIn, which offers a similar connection opportunity for me. I do much of my learning from people, so I see meeting people as an educational experience rather than networking. So, perhaps, I am not best placed to advise on this issue.
Finally, if you could offer one piece of advice or wisdom to fresh law graduates as they start their legal journey, what would it be?
It might sound trite, but it would be the phrase “This too shall pass.” It is often used to help people take heart in troubled times, but there is more to it. Its origins lie in a fable, which many attribute to 13th-century Persian poet Attar of Nishapur, in which a king asked wise men in his realm to find a sentence that would remain true in good and bad times. The king was presented with a ring with the Persian text, “This too shall pass,” on it. The bad thing about good times is that they shall pass, and the good thing about difficult times is that they shall pass too. The same story is also found in Jewish folklore. The essence of the message is universal – human existence is ephemeral, and time is fleeting. As I get older, I realize that good and bad times come and go, but life is extremely precious, and it is important to keep that perspective in mind.
Ma’am, please share with us how you first became interested in the field of law, and what inspired you to pursue it as a career?
I am a first-generation lawyer. So technically, there was no godfather figure to guide me or who I could look up to. Infact, I didn’t even have anyone in the legal fraternity in my immediate circle of friends and family. Law happened to me by fluke. I was pursuing Political Science (H) from Gargi (the course had a fair bit around constitution, international relations and jurisprudence) and during the final year, while all my colleagues were certain of their career path, I was so lost. I remember this friend of mine so kicked about pursuing law and sitting for entrances. Her enthusiasm, her passion, I think, in hindsight, inspired me to give it a shot. I just came home one fine day and told my parents I want to pursue LLB. I sat for the entrance exams at Jamia and Delhi University and as luck would have it – cleared both. Picked campus law centre at Delhi University and rest is history.
You have over 18 years of experience in M&A, private equity investments, and general corporate commercial law. What drew you to specialize in these areas within the legal field?
I probably chose corporate law over litigation because it offered economic/ financial stability very early in my career. Also, I was never inclined towards constitutional law, criminal law, evidence et al. Having said that, during my internships I did embark on a journey that involved exposure to various facets of law including litigation. But it was the corporate internships that always left a mark. The fast-paced transactions, intense negotiations, intricacies of corporate law gave me an adrenaline rush. The opportunity to work closely with some great minds, aspiring to be like them – their commitment to clients, challenges faced on each transaction, in-depth strategic considerations appealed to me greatly. By the final year of LLB I had pretty much zeroed in on corporate law and was lucky enough to break through with Trilegal.
You’ve represented both domestic and multinational companies in cross-border transactions. Could you tell us about a particularly challenging or memorable transaction that stands out in your career?
Each and every transaction that I have worked on till date has taught me something new which has played a role in my growth curve and developing my personality.
But I guess the very first transaction I did at the start of my professional career left an imprint – this was a joint venture between a USA conglomerate and a major Indian textile manufacturer with the objective to undertake, wholesale trading, designing, marketing, distributing, importing and exporting of branded apparel and related accessories in India. We were representing the overseas entity and it was their very first investment/ venture in India. Law around foreign investment and in particular the trading sector was still evolving. There were a lot of regulatory issues around structuring, approval requirements, company law issues. It was all so overwhelming. And to top it being new in the profession the zeal to take it heads on and impress your boss! Fortunately, or unfortunately, I had a tough boss- but with his guidance, I was able to grasp onto stuff fast and then one fine day he walked up to my workstation and said that I will have to go for negotiations on the matter to Bangalore alone. I did not know what hit me at that time- I completely blanked out. Just the thought of sharing space with the GC, counterparty and its advisors was scary. But somewhere I was thrilled too– I had earned his confidence in a short span. The negotiations stretched for almost a week, besides legal issues the exposure to commercial/ business issues was great. Honestly, not everyone gets this kind of exposure at such an early stage. We signed and closed in record time. This was the most remarkable experience ever! And reaffirmed my passion for corporate law.
Before joining DMD Advocates, you worked with prestigious firms like Trilegal, AZB, and JSA. How did these experiences shape your legal career and the way you approach your work today?
Each of the firms I have been with has helped me grow as a professional. Trilegal was the first. When you are just out of law school what really helps is finding the right mentor and platform to realise your potential. Trilegal offered both. Working with one of the founders from the start, getting that first-hand experience and exposure is rare. My stint at Trilegal laid the foundation of my knowledge of law. All the seniors I worked with at Trilegal were extremely helpful but there was no nepotism. We all learnt it the hard way and I think that’s the best way! AZB was no different – challenging work, high stake transactions, excellent exposure, no spoon feeding and an amazing boss. I think these initial 5-6 years shaped most of me. JSA – my longest stint, offered the platform required to excel and develop the required skill set.
One of your notable deals was advising Prestige Estates Projects Limited on the sale of a $1.5 billion real estate portfolio to Blackstone. Can you share some insights into the complexities of that transaction and how you navigated them?
Due to confidentiality reasons I can’t divulge much, all I can say it was one of the largest real estate portfolio transactions ever done in the country, both in terms of number of assets and deal value. It was quite a complex deal in terms of structuring, kinds of instruments that were issued, and ensuring foreign direct investment and corporate law compliances. CCI approvals were obtained, hold backs structured around NCLT approvals etc. The transaction lasted over a year and the deal size was approx. USD 1.5 billion
In your career, you’ve advised a diverse range of companies, from online exam preparation platforms to hospitality chains. How do you approach legal challenges in different industry sectors, and what skills do you find most valuable for adapting to various clients’ needs?
Advising clients can be very challenging as there is a lot at stake when you are working on transactions. Like I mentioned earlier, each mandate I worked on taught me something new and different. Even if you do repeat transactions, they come with their own set of nuances. Managing expectations, value add, in depth knowledge of the subject, bringing on the table that expertise and maturity are some of the key skills required.
Initially, when we all start our careers, we are very head strong – want to prove our point and in the bargain rationalising becomes difficult. One thing I have learnt over the years is to keep your calm during negotiations- don’t let things get out of control. I know it’s easier said than done- but it is important to get this sorted in initial stages of growth, else it can become a roadblock.
Know when to stop speaking, be patient and focus on your growth.
Like the famous saying goes “It is better to be unique than the best. Because, being the best makes you the number one, but being unique makes you the only one.”
As a final question, what advice would you like to give to fresh graduates or young professionals entering the legal field today? What qualities or strategies should they focus on to succeed and make a positive impact?
There is enough of this advice out there. I would just say stay focused on GROWTH:
G- Gain practical experience;
R- Resilience is the key;
O- Objective approach at all times;
W- Wisdom plays an important role;
T- Teamwork and time management will take you a long way;
Sir, could you please share with our listeners what initially inspired you to pursue a career in law and how you navigated your way to specializing in Corporate, Intellectual Property, Technology, Litigation, and Real Estate laws?
Certainly, the journey to a legal career is often as varied as the individuals who undertake it. In my case, I stumbled upon the field of law somewhat serendipitously. Like many young lawyers of my generation, I wasn’t particularly inclined towards math or science. However, I had a deep-rooted fascination with technology—I even built my own computers and was an avid proponent of open-source platforms, particularly Linux.
As fate would have it, my graduation coincided with two significant developments in the Indian tech landscape: the enactment of the Information Technology Act and the onset of a multi-decade growth spurt in the Indian technology industry. These events were not just pivotal for the sector but also set the stage for my own career trajectory.
The legal challenges posed by the burgeoning tech industry were both complex and novel, offering a fertile ground for specialization. My affinity for technology naturally led me to focus on Corporate, Intellectual Property, and Technology laws. Over time, as I gained more experience and exposure, I expanded my practice areas to include Litigation and Real Estate laws as well.
While my entry into the legal profession may have been somewhat accidental, the path I’ve carved within it has been intentional and guided by a combination of personal interests and market opportunities. The intersection of technology and law has been a recurring theme in my career, and it’s a space that continues to excite and challenge me.
Over your impressive 20-year career, you’ve gained extensive experience in General Corporate, Projects, Technology, and Dispute Resolution. Could you highlight some of the key milestones or projects that have played a pivotal role in shaping your expertise and career trajectory?
One must always remember that competition is fierce. There is terrific talent in the market in the next generation of lawyers. There’s a saying in private practise “You are only as good as your last deal”. Lol, I remember being quite taken aback as a young lawyer when I first heard that! But if you understand that in this economy you always need to upskill to stay relevant and competent, you will be able to thrive. For me, that meant things like pursuing my master’s as a Fulbright scholar and exploring both opportunities in-house and as a Partner in Shardul Amarchand. For example, in Cognizant I was the lawyer hired to set up both the India and the wider Asia Pacific teams as General Counsel. At Shardul Amarchand, I was given the opportunity to start our Chennai office. That kind of entrepreneurial journey is something that I will always cherish.
You’ve held significant roles such as General Counsel and Board Member of Cognizant Technology Solutions Asia Pacific. Could you tell us about the challenges and rewards of managing diverse practice areas, resolving complex disputes, and advising on multi-million dollar technology deals?
The scale of operations at Cognizant, one of the fastest-growing Fortune 500 companies, meant that even seemingly routine matters like EULAs, Labour issues or client Master Service Agreements (MSAs) involved high-stakes financial implications, often running into tens of millions of dollars. The urgency was palpable, and the need for effective prioritization and execution across diverse geographies in the Asia-Pacific region was paramount.
My experience in private practice at Shardul Amarchand was marked by an intense performance culture. Clients often presented us with complex, unprecedented challenges. It’s worth noting that most large clients have highly sophisticated in-house teams, so when they seek external counsel, it’s typically for issues that are both novel and intricate. This necessitates original research and innovative problem-solving, skills that are indispensable in the legal landscape. Our office of 4 partners advised on Tech, Corporate, M&A, Real Estate and litigation matters.
The common thread between these diverse roles has been the critical importance of a strong, well-trained team. Whether it was navigating the complexities of multi-million dollar technology deals, resolving intricate disputes, or advising on regulatory compliance, the strength of the team was often the determining factor in the successful outcome of these endeavors. I’ve been fortunate to work with exceptional teams both at Cognizant and in private practice, and their contributions cannot be overstated.
Throughout your journey, you’ve been hailed as a trusted legal advisor. What do you believe sets you apart in terms of building strong client relationships and delivering effective legal counsel?
What distinguishes my approach in building robust client relationships and offering effective legal counsel boils down to two key elements: trust and capability.
In today’s fast-paced business environment, clients are inundated with challenges and operate under immense pressure. They aren’t seeking a legal lecture; they’re in search of actionable solutions, a quantifiable assessment of risks, and a straightforward strategy for compliance. To earn their trust, it’s imperative to communicate in a clear and direct manner that aligns with their commercial objectives.
The legal industry often falls into the trap of obscuring advice with layers of disclaimers and complex jargon. This not only dilutes the impact of our counsel but also hampers the decision-making process for the client. My focus is on cutting through the noise to deliver advice that is both clear and actionable.
Consistency is the final, yet crucial, ingredient in this equation. Trust isn’t built overnight or through a single transaction; it’s cultivated over years of reliable and consistent service. The ability to consistently identify and mitigate client risks transforms a transactional relationship into a long-term partnership.
You’ve received recognition from esteemed publications like Legal 500, Chambers, and Asian Legal Business. How has this recognition influenced your approach to your work, and what does it mean to you to be acknowledged by your peers in the legal industry?
Recognition from esteemed platforms is an honor. I’m deeply grateful for it. In a competitive market where credibility is often scrutinized, these accolades serve as a valuable endorsement. Operating under my own name, Bhushan Rajaram, these recognitions act as a seal of approval, opening doors that might otherwise remain closed.
However, it’s crucial to understand that these accolades are essentially a foot in the door, not a guarantee of sustained success. Clients today are incredibly savvy. They have a keen eye for expertise and can quickly discern whether an advisor possesses the depth of knowledge required to address their unique challenges. So, while the recognition is validating, it’s merely the starting line, not the finish.
Lastly, could you leave our listeners with a piece of wisdom or a mantra that has guided you through your remarkable legal journey, and which you believe can resonate with those embarking on their own paths in the legal profession?
Before we conclude, I’d like to share a guiding principle that has been invaluable to me on my legal journey—a piece of wisdom from my father that I believe will resonate with many of you.
We live in a time where ambition and intelligence are in abundance, especially among young professionals. The drive to reach significant milestones—like making partner, buying a home, or achieving financial independence—often takes center stage. My father, however, offered a different perspective: “Life is not a checklist but a journey.”
The relationships you cultivate, particularly with your life partner during these formative years, are incredibly enriching. These bonds are built on shared struggles and triumphs, and they often become your most reliable support system.
So, as you ascend the ranks in the legal field, by all means, be ambitious and aim high. But also remember to live your life fully. The journey itself is just as important as the destination, and the relationships you form along the way make the journey all the more rewarding.
Can you share with us your journey in the legal field, from your early career as an Associate at Amarchand & Mangaldas to yourcurrent role as a Partner at Luthra and Luthra Law Offices India ? How did your experiences shape your path in law?
My early career as an Associate was full of ups and downs, but one thing that stands out in my journey was that I was not scared of experimenting. I felt that if I don’t give something a chance, I would always regret it later thinking about it. It was indeed a mix of good luck and reward of hard work in academics that landed me my first job at Amarchand & Mangaldas, which was a dream job for most law students back then. I would be honest, it was kind of difficult to work as a fresher in Amarchand & Mangaldas since one had to rub shoulders with stalwarts of the profession but I would say it was a good start to my career since, out of my experiences with the firm, I learnt how a top lawyer goes about working on an assignment and is something I still follow. As a fresher I had the good fortune of getting exposure to multiple practice areas namely: banking and finance, general corporate and capital markets, however, I always wondered what it would be like to do litigation, argue in courts, and running an independent practice. My interest in Constitutional law, Civil Procedure Code was the catalyst which further drove me towards trying out litigation after a couple of years at Amarchand & Mangaldas and after a break of few months. Life as a litigant however, didn’t turn out to be as easy, I persisted through it for over a couple of years and only after being sure of being better at being a corporate lawyer than a litigant, I walked my way back into law firms. Since then I have been practicing banking and finance, and insolvency on a consistent basis and must add that have reaped rewards for this consistency in the form of career growth in these practice areas.
You’ve been extensively involved in advising various stakeholders on corporate insolvency resolution processes. Could you tell us about a particularly challenging or interesting case you worked on, and how you navigated the complexities of restructuring and insolvency?
I had the privilege of advising the Resolution Professional of the first dirty dozen matter (from the RBI list) which went into insolvency in July 2017- Jyoti Structures Limited (JSL). I was seconded on-site with the team of the Resolution Professional and cherish my wholistic yet very challenging experience with the team. The Insolvency and Bankruptcy Code, 2016 (IB Code) was a very new law back then and was in very early phase of evolution with many rules/ regulations to be framed/ notified and with lack of judicial precedents for guidance. JSL had a huge debt size and very complex issues of law arose throughout in the assignment, which mostly had to be answered on spot or in a very quick turn-around time, and at times without the guidance of any codified law, merely based on experience of past mechanisms/ legal practices that existed in India before the enactment of the IB Code. On some issues, we used to also apply/ take guidance from insolvency precedents of foreign countries. Working on JSL was one of the most challenging phase of my professional life, as the lawyer within me had push to my limits of legal logic and read up a lot of stuff for answering queries related to an new/ evolving law.
Your experience encompasses a wide range of legal areas, from banking and finance to dispute resolution. How have you managed to develop expertise across such diverse domains, and how do these areas complement each other in your practice?
I have always believed in specialisation in what one does, but at the same time as one gets senior in the profession, he/ she should have an idea about some of the ancillary practice areas as well. I started of as a banking and finance practitioner and later when the IB Code was enacted, I started practicing insolvency laws as well. I do contentious matters or disputes only to the extent it related to banking and finance/ insolvency laws. For a fully rounded practice of banking and insolvency laws, one should ideally also know about the disputes side of the practice of these laws. And this is how my experience has got spread across a few practice areas.
The legal landscape is constantly evolving, especially in areas like fintech and insolvency. How do you stay up-to-date with the latest developments in these fields, and how do you anticipate future legal challenges in the banking and finance sector?
I read a lot of online news/magazines and updates and have notifications activated for these on my phone. That’s the most common way of keeping oneself updated with changes in law and new case laws that come up. I do also read one of the pink newspapers on daily basis which really helps in knowing upcoming business treads of your practice area and at times also gives clues on which upcoming assignments to pitch for before clients. Keeping abreast with the regulatory changes that IBBI and RBI come up with and the monetary policy announcements of RBI help me in understanding/ anticipating the future legal challenges of the sector. And at times just general chat with bankers/ market participants also gives a hint about what tricky queries or situations will be thrown at you to find legal answers.
You’ve advised on overseas direct investments and foreign exchange compliances. How do you see the global business environment shaping up for Indian conglomerates, and what are some key legal considerations they should keep in mind?
The business landscape as far as overseas direct investments from India are concerned, is very interesting, because it essentially involves Indian companies globalising/ setting their foot in foreign countries and also Indians investing/ routing money outside India. With Indian economy doing well, the ODI trends also pick up and which also means a lot of foreign exchange flows out of India. The RBI through authorised dealer banks keeps a keen watch on these ODI transactions, the compliances and reporting associated with these. The most important legal consideration is formulation of transactional structure in such a way that it avoids round tripping concerns and also to advise the clients correctly about approval requirements from RBI/ authorised dealer banks in absence of which the clients may face a lot of issues including penalty from RBI.
Your role has included advising clients on structuring for short-term money market investments and project financing. Could you share a success story where your legal counsel led to a significant positive outcome for your clients?
During the pandemic period in 2020, I had the privilege of advising SBICaps Trustee in respect of structuring and operationalising the employee credit line guarantee scheme (ECLGS) launched by the Government of India for the benefit of NBFCs and MSMEs. The NBFCs in India were facing short term credit crunch which was in turn affecting the MSME sector. The scheme was for credit line of INR 30,000 crores and the funds were made available by RBI and guaranteed by Government of India. The scheme was a success and was further extended and continued with next versions in the subsequent months and years. The documentation for this transaction was one of its kind and the transaction structure had be harmonised with the requirements of the scheme. Funding to NBFCs was ensured by subscribing to short term money market instruments issued by them. It was one of its kind transaction that I have worked on in my entire career.
You pursued various diploma and certificate courses alongside your academic and professional journey. How have these additional qualifications influenced your career growth, and would you recommend similar supplementary education to aspiring legal professionals?
Yes, these diplomas not only help in building CV but also help in deep diving into a particular subject of law which is either not taught or not taught in enough detail at law school. It could also be out of specialisation interest that a student can take up these diploma/ certificate courses. These also help in utilising extra time constructively during one’s law school days. I would definitely recommend doing diplomas and certificate courses to students but they should be smart in choosing which ones to do as some of these courses could also be very expensive.
From your time as a student at Symbiosis Law School to your current role, how has your perspective on the legal profession evolved, and what lessons have you learned along the way that you’d like to share with our audience?
I come from a non-legal background so, as a college student in initial years, I used to think that legal profession is like any other profession. However, my journey so far as taught me that legal profession is much intense than most other professions. All of us learn new things everyday and in that sense are students for life, which also means that the profession demands a lot of hard work/ motivation to keep learning and therefore, in that sense, it is a difficult profession, but also extremely intellectually satisfying and enriching at the end of the day.
As someone with a wealth of experience in India’s legal landscape, what advice would you give to fresh law graduates who are about to embark on their legal careers, especially those interested in areas like banking, finance, and insolvency?
It’s important to pursue practice areas which one likes, and the earlier this is figured, the better it is for a law student or a law firm associate. In the initial years, an associate should do rotation/ secondments with the teams/ practice groups that they have interest in and then figure out which one(s) would they like to persist with. Students should do as many internships as possible and try out different practice areas, and if they are able to place their interest early enough, it could really help them in planning their careers better. For fresh associates who take up banking, finance or insolvency as a practice area, it is important for them to try and learn basics and keep abreast with all the legal developments. It is also important for a fresh associate to understand ‘why’ behind everything and for doing that they should not shy away from reading a lot of books/ cases/ articles etc. to start with.
Ma’am, please introduce yourself to our listeners and provide an overview of your current role as an Advocate-on-Record at the Supreme Court of India?
Hi! I’m a mom, wife, daughter, sister and also a lawyer and a lifelong learner. I’m deeply privileged to practice as an Advocate-on-Record before the Supreme Court. AORs as original envisioned have a deep role in efficient functioning of the apex court. An AOR is personally responsible to the court; there’s reason why close proximity to Supreme Court complex is provided in SC Rules. The idea is an AOR must be available to assist the court. Since the inception we have around 3000 lawyers who became AOR. The year I cleared my AOR Exams, some 20-25 people made the cut. Earlier only 3 or 4 people could clear AOR Examination. I’m particularly not happy that since past few years over 250 people are made AORs. It is good that so many people are able to clear the examinations but then it also speaks volume about the quality of assessment and nature of question paper set. It is actually disheartening to see that some of the speakers who conduct the lecture series on behalf of SCBA/SCAORA actually give out complete paper. This to me lowers the sanctity of examinations.
Coming back to my own journey, I come from a family of lawyers and some of them were elevated as judges as well. I did my LLB from LA Shah Law College, Ahmedabad. Right from my student days I worked under my senior Sh SN Shelat, Sr Adv and former AG of Gujarat. In my entire professional life, I have just one enduring motive that whatever I do or not do should bring glory to my senior- Sh SN Shelat and my father Justice NN Mathur; I pray that even accidently I should not do something that blemishes their fair name.
Post marriage I moved to Delhi. My husband is a fellow AOR and represent few States before the Hon’ble High Court. He has also penned a book on GST, one of the earliest. I’m particularly proud of that. His book explains conceptual GST soundly. He is a man of few words but probably the sharpest person I have come across.
You have an impressive academic journey with degrees in law, business laws, and even a Ph.D. in Legal Aspects of Pharmaceutical Patents. How did you find your way into the field of law and what motivated you to pursue such a diverse range of qualifications?
I think the answer to this lies in my gender and role attributed by the society. As long as I can remember, I always wanted to be a lawyer. Constitution of India is my only sacred book. My mother retired as a Professor from Jai Narain Vyas University, Jodhpur. So, I believe I have received some academically genes from her. As for my PhD and even AOR examinations I cleared while being a young mother. I absolutely believe in spending quality as well as quantity time with family. For me spending time with my son, reading to him was very important. I have read him many books multiple times. So, yes, at one point of time in my life reading to him and searching for books for him was my number one priority. I’m glad that our initial efforts turned him into a lifelong reader. He was judging MUNs at St Stephen’s and Hindu while he himself was a school kid. He did us proud by securing place to read Undergraduate law at Trinity College, University of Cambridge and topping the University in the 1st year. As for my own academic journey, I could devote time because I was master of my own time. I was privileged that as I was working with my husband I could decide on my own working hours and even choosing what I will work on what I will not. Saying all that, I do miss the fact that I could have advanced my litigation professional profile at better speed but it was the choice I made, so that it is.
With over 20 years of experience as a practicing lawyer before the Hon’ble Supreme Court, you’ve handled a wide range of legal matters. Could you share some highlights or cases that have been particularly memorable or impactful in your career?
Some of the memorable cases I can rattle is- my 1st appearance before the Supreme Court. It was a bail matter. My SLP was dismissed but not before the judge (Justice Rajender Babu) narrated the story of Bruce, the spider- try try again until you succeed.
I remember arguing murder reference of Purshottam Dashrath Borate before the three judges bench headed by the Chief Justice. One case which I particularly remember was fighting for an old father against her daughter. I could secure win for the father. It was emotionally charged matter. We have been doing medical entrance examination matters fairly regularly. We have seen pre and post NEET era. We have got relief in many of these matters. However, seeing these matters closely, I really question our medical education. Just like AOR exams the bar is getting lower and lower. I do educational matters also. I’m counsel for some of universities as well. I’m happy that relying upon an earlier judgement (where I was part) in a subsequent Writ under Article 32 could change the way seats are allocated in PG AIIMS.
You’ve also been involved in advisory work for various corporates and organizations. Could you elaborate on your role in providing legal counsel to corporate clients and startups?
I’m fortunate to get the diverse work. I believe, startups need hand holding. Legal issues are complex and to navigate this maze they need some guidance. Sometimes only discussing the point help them see the point with greater clarity. I do help them on transaction side as well as in drafting and vetting agreements, and even in arraying partners for them.
Your list of appearances before different high courts and your engagements as a speaker on various legal topics are extensive. Could you tell us about your motivations behind sharing your expertise through speaking engagements and publications?
I have started taking out station matters. I derive great satisfaction by arguing before various High Court. Recently, we could persuade a High Court to quash demand notice worth Rs 12 Crores, in another High Court could persuade the court that the fault was not of the tax official but the assessee and could get notice issued against his discharged. Likewise in Delhi High Court could persuade the court for relief in arbitration matter.
As for speaking engagement, I enjoy interacting with young law students and absorb their worldview.
You’ve also been involved in e-learning content development and have written books on legal topics. Could you elaborate on your experience in creating educational content and how it helps in disseminating legal knowledge?
Legal education is something close to my heart. With technological advancement, the access to justice and quality education is more probable now then ever. As a continuous lifelong learner, this is my way of giving back to society.
Lastly, what advice would you give to fresh law graduates who are just entering the legal profession? Are there any key lessons you’ve learned that you believe would be beneficial for them to know?
Like each successive generation, this generation is far smarter than the previous one. It has more resources at its disposal. However, there is no substitute for in-depth understanding, reading and introspection. You must have sometime to reflect, assimilate knowledge. We are not machines who keep on downloading information, idea is to read and reflect. In my opinion, running around for internships is meaningless. First, have conceptual clarity, read case laws, read provisions. Now, with live streaming you can witness finest oral advocacy.
Can you please tell us about your journey and how you ended up pursuing a career in law? What inspired you to choose this profession?
I come from a non-legal background. Following my completion of school, I enrolled at Delhi University to pursue a degree in History (Hons) while simultaneously preparing for a law entrance exam. Progressing further, I participated in several entrance exams and achieved an impressive rank in the GGSIP university entrance exam. This accomplishment led me to join Amity Law School (GGSIP University), conveniently located in my hometown of Delhi. It took a few semesters to gain a comprehensive understanding of the field of law as a subject, and I further expanded my knowledge through internships, gaining insight into its practical applications.
During my time at law school, my areas of particular interest revolved around company law and the realms of International Trade and Intellectual Property. This focus guided my trajectory, leading me to specialize in corporate laws with a specific inclination towards the intricacies of commercial contracts and advisory.
With over 14 years of experience in legal advisory, litigation, and compliance, could you share some of the most significant challenges you have faced in your career and how you overcame them?
I started my career as an In-house counsel with a Korean multinational corporation. Being the first Indian employee in this role, I was entrusted with the responsibility of initiating operations from the Korean MNC’s representative office and establishing a subsidiary within India. This task presented challenges, yet it captivated my interest as I navigated through the intricacies of elucidating legal obligations and confronting day-to-day hurdles associated with the establishment of a wholly owned subsidiary in the Indian context. Beyond managing routine responsibilities, I also collaborated with the headquarters to address legal inquiries pertaining to significant contracts involving government public sector undertakings (PSUs) and private enterprises in India. Throughout my professional journey, my primary area of expertise and interest has revolved around General Corporate law as a practice. My predominant focus lies in facilitating transactions, encompassing activities such as conducting thorough due diligence, managing transactional documentation, providing advisory services, and extensively engaging with a broad spectrum of corporate and commercial legal affairs for privately held companies.
Navigating this journey as a recent law graduate came with its share of challenges, particularly when faced with the task of addressing inquiries and managing responsibilities independently, without the luxury of guidance. Being the sole In-house counsel at the time, I had no support to rely upon, and this situation added an extra layer of complexity to my role.
As a member of the Bar Council of Delhi, you have a strong command over commercial, civil, criminal law, commercial disputes, and arbitration matters. How do you manage such diverse areas of expertise, and what advice would you give to aspiring lawyers looking to specialize in multiple legal fields?
As a practicing in House counsel has to wear multiple ‘Hats’. Maintaining proficiency in diverse areas of law, especially within the domains of commercial, civil, criminal law, commercial disputes, and arbitration matters, requires a strategic approach and a commitment to continuous learning. Here’s how one might manage such a range of legal expertise:
Foundational Knowledge: Start by building a strong foundation in each area of law. This involves studying the fundamental principles, key statutes, and landmark cases that pertain to each field.
Continuous Learning: The legal landscape is constantly evolving. Stay updated with changes in laws, regulations, and judicial interpretations across all the fields you’re focusing on. This might involve regularly attending legal seminars, workshops, webinars, and reading industry publications.
Time Management: Juggling multiple fields requires effective time management. Allocate specific time blocks for each area of expertise, ensuring that you’re dedicating sufficient time to remain well-versed in each one.
Mentorship and Networking: Connect with seasoned professionals who specialize in each field. Their guidance and insights can offer invaluable practical knowledge that complements your theoretical understanding.
Technology and Research Tools: Leverage technology and legal research tools to efficiently gather information across multiple fields. Online databases and legal research platforms can help streamline your information gathering process.
Practical Experience: Practical experience is crucial. Engage in internships, clerkships, or positions where you can gain hands-on exposure in each field. Practical insights often solidify theoretical knowledge.
Adaptability: Be adaptable and open to change. Legal fields can evolve rapidly, and being flexible in your approach allows you to incorporate new developments effectively.
Remember that gaining expertise in multiple legal fields is an ongoing process. It requires dedication, curiosity, and a willingness to embrace challenges as opportunities for growth.
In your current role as Associate Director Legal & Compliance – Chief Compliance Officer & Product Legal at VerSe Innovation Private Limited, what are some of the most critical compliance challenges you face in the digital media industry? How do you ensure compliance with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021?
As the Associate Director Legal & Compliance – Chief Compliance Officer & Product Legal at VerSe Innovation Private Limited, I face a number of critical compliance challenges in the digital media industry. These include:
• Data privacy and security: The digital media industry is constantly generating and collecting large amounts of user data. This data is often sensitive and must be protected from unauthorized access, disclosure, or misuse.
• Intellectual property protection: The digital media industry is also a major creator and user of intellectual property, such as copyrights, trademarks, and patents. It is important to ensure that this intellectual property is properly protected from infringement.
• Content moderation: The digital media industry faces a challenge in moderating the content that is published on its platforms. This content can range from harmful or illegal content to content that is simply offensive or controversial. It is important to strike a balance between freedom of expression and the need to protect users from harm.
• Compliance with local laws and regulations: The digital media industry is subject to a variety of local laws and regulations, which can vary from country to country. It is important to stay up-to-date on these laws and regulations and to ensure that the company is in compliance with them.
The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (IT Rules 2021) are a set of regulations that govern the functioning of intermediaries and digital media platforms in India. These rules impose a number of obligations on intermediaries and digital media platforms, such as the removal of harmful content, the appointment of a grievance officer, and the compliance with a code of ethics.
I ensure compliance with the IT Rules 2021 by:
• Establishing a robust compliance framework: This framework includes policies and procedures for managing data privacy, intellectual property, content moderation, and compliance with local laws and regulations.
• Providing training to employees: Employees are regularly trained on the company’s compliance policies and procedures.
• Monitoring compliance: The company has a system for monitoring compliance with the IT Rules 2021 and other relevant laws and regulations.
• Responding to complaints: The company has a system for responding to complaints about the content that is published on its platforms.
I believe that these measures are effective in ensuring compliance with the IT Rules 2021 and other relevant laws and regulations. However, the digital media industry is constantly evolving, and it is important to be prepared for new challenges that may arise in the future.
You have provided legal advice for various strategic commercial projects and technology deployments. Can you share a specific project that you found particularly challenging and how you navigated the legal complexities involved?
One project that I found particularly challenging was the development of a new machine learning powered content moderation platform. The platform was designed to automatically detect and remove harmful content from VerSe Innovation’s platforms. However, there were a number of legal challenges that needed to be addressed in order to develop and deploy the platform.
One challenge was the need to comply with the IT Rules 2021. These rules require intermediaries and digital media platforms to remove harmful content, in accordance with the verbiage in the IT Rules 2021. This meant that we had to carefully consider the different types of content that could be considered harmful and develop a system for detecting and removing this content as per the platform policies .
We also had to consider the potential impact of the platform on freedom of expression. The platform would be able to remove content that was considered harmful, but it was important to strike a balance between protecting users from harm and allowing for freedom of expression. We navigated the legal complexities involved in this project by working closely with the company’s moderation and engineering team. The platform has been successful in removing harmful content from VerSe Innovation’s platforms and has helped to create a safer and more inclusive online environment.
I learned a lot from this project about the challenges of developing and deploying new technologies in the digital media industry. I also learned the importance of working closely with tech team and content moderation experts to navigate the legal complexities involved in these projects.
Throughout your career, you have been involved in drafting, reviewing, and negotiating various agreements, including technology, gaming, banking, and real estate agreements. What key aspects do you consider when reviewing and negotiating these agreements, and what are some common pitfalls that people should be aware of?
During my professional journey, my involvement in drafting, reviewing, and negotiating a range of agreements spanning technology, gaming, banking, and real estate has highlighted several crucial aspects to consider, as well as common pitfalls to avoid;
(i) an agreement must use clear, unambiguous language to define terms, obligations, and rights of the parties involved;
(ii) the draft agreement clearly outlines the scope and purpose of the agreement. This helps prevent misunderstandings regarding the parties’ intentions;
(iii) explicitly detail the responsibilities and obligations of each party;
(iv) the draft should address intellectual property rights, licenses, and permissions thoroughly. determine who owns what, and how rights are granted or licensed;
(v) clearly define payment terms, including amounts, frequency, and methods of payment. Include provisions for late payments, interest, and penalties;
(vi) outline the conditions under which the agreement can be terminated and the process for doing so. Address any consequences of termination;
(vii) specify the mechanisms for resolving disputes, whether through negotiation, mediation, arbitration, or litigation;
(viii) establish protocols for handling confidential information and trade secrets, including restrictions on disclosure and use;
(x) address liabilities, including limitations on liability, indemnification obligations, and insurance requirements;
(xi) Account for unforeseen events that might impact the execution of the agreement, such as natural disasters or unforeseen circumstances.
Common Pitfalls to Avoid:
Incomplete or Ambiguous Terms: Vague or incomplete clauses can lead to misunderstandings and disputes down the line.
Ignoring Local Laws: Failing to consider applicable laws and regulations can result in non compliance and legal issues.
Unequal Bargaining Power: Negotiating parties with disparate power dynamics can lead to unfair terms or misunderstandings.
Lack of Exit Strategy: Without clear exit provisions, parties might face challenges when terminating an agreement prematurely.
Weak Dispute Resolution Mechanisms: Poorly defined dispute resolution processes can prolong conflicts and escalate costs.
When reviewing and negotiating agreements, it’s essential to consult with the business team who have specific the real intent of the deal or transaction. As a legal professional, I can help identify potential issues, offer solutions, and ensure that the agreement aligns with the parties’ intentions and relevant legal frameworks.
You have also advised on fundraisers and conducted due diligence on M&A activities. What are the essential factors to consider during due diligence, particularly in terms of data privacy, anti-corruption, and product compliance?
A legal due diligence report is a comprehensive review of a target company’s legal compliance status. It typically includes a review of the company’s corporate compliance, contracts, licenses, employees, properties, intellectual property, and litigation. The report is used to identify any potential legal risks associated with the company and to help the investor
negotiate the transaction documents. The outcome of the due diligence process can have a significant impact on the negotiations of the transaction documents. The report should highlight any risks that the investor may face and propose solutions or mitigation strategies. It is also important to complete the due diligence process in a timely manner so that the definitive agreements can be negotiated and executed.
The essential factors to consider during due diligence, particularly in terms of data privacy, anti-corruption, and product compliance, include:
• Data privacy: This includes the collection, use, and storage of personal data. You need to ensure that the company complies with all applicable data privacy laws and regulations.
• Anti-corruption: This includes the prevention of bribery and other corrupt practices. You need to ensure that the company has in place adequate anti-corruption controls, such as a code of conduct and a whistleblowing policy.
• Product compliance: This includes ensuring that the company’s products comply with all applicable laws and regulations. This can be a complex area, as there are many different laws and regulations that may apply, depending on the product, market and the user base.
As a seasoned professional, what advice would you give to fresh graduates who are entering the legal field? Are there any skills or areas of specialization that you would recommend focusing on for a successful legal career?
Fresh law graduates should focus on developing a deep understanding of their practice area and the laws relating to it. This is important because it will give them a strong foundation for their career. It is also important to be patient and willing to learn. There is no one right way to practice law, and it takes time to find your own style. Don’t be afraid to explore different areas of law, but be prepared to put in the hard work to succeed. It is also important to never get discouraged. The legal profession is a demanding one, but it is also very rewarding. There is always room for improvement, so keep learning and growing. Some key qualities or skills that are important for fresh law graduates include:
• Discipline: Being able to manage your time and stay focused on your work.
• Willingness to learn: Being open to new ideas and feedback.
• Updating yourself every day: Keeping up with the latest legal developments.
• Hard work and street-smart work: Being willing to put in the effort to succeed.
• Being a team player: Being able to work effectively with others.
• Time management: Being able to manage your time effectively.
Could you please take us back to the beginning and share with us, what inspired you to pursue your career in law, especially in criminal law litigation and that too in Delhi only, despite having no law background in your family?
I always wanted to do something different from what my family had been doing for decades i.e. a private business in Jammu. I always found law to be more fascinating and enthralling versus my family business. During my school days, I developed a special inclination towards becoming a lawyer, though there was no specific trigger for the same, and it was just a feeling, which gradually turned into an ambition, with time. When I discussed my aspirations with my peers, most of them initially advised me, in good faith, that as I had a good hold on science subjects, I should opt for courses like engineering, finance, etc, instead of law. But, with my family support, after completing my higher secondary education, in 2006, I got myself enrolled into a 5-year law course at Fergusson Law College, Pune.
During my undergrad, I made sure that I do plenty of internships in diverse fields of law, including civil, criminal, corporate, etc., at Delhi, which gave me practical insights into the legal profession. But even then, I was very confused as to which field I should initially pursue after graduating from law college. However, I vividly remember that during one of my internships with one of the renowned human rights NGOs in Delhi, I met a few people who claimed themselves to have been falsely implicated in criminal cases. I recall meeting the mother of a 23-year-old guy, who was incarcerated for almost four-years in an alleged cheating indictment punishable u/s. 420 IPC, and his matter had not even reached the stage of prosecution evidence and on account of his financial condition, he apparently had not even filed any bail application. I was deeply pained to listen to her agony. I assisted the office, where I was interning at that time, in drafting a bail application for her son, which ultimately came to be allowed and he was released. I remember, whilst I was present in court when the said bail was being argued, I was itching to argue it myself only. The said case is still fresh in my mind, it was one of those incidents that further catapulted me to pursue my career as a criminal defence lawyer.
Choosing Delhi instead of my hometown i.e. Jammu, as the place of my practice, was a very difficult decision, even emotionally, as I was here all by myself and my kith and kin were in Jammu. But after my internships’ experiences in Delhi, I was very clear in my mind that I want to practice in Delhi only. I feel that here in Delhi, the professionalism and talent are quite high and it always keeps you on your toes and forges the best out of you, which I personally relish.
What challenges did you face, in the initial few years of finding your feet in the field of litigation, as a fresher?
‘Challenge’ is just another name for ‘life’. After I graduated, I was pretty clear in my mind that I wanted to primarily pursue criminal law litigation only but the question was, “inwhich office?”. I had minimal contacts in Delhi as I hailed from Jammu and even my graduation was from Pune, so I had close to zero options. There almost came a point when, instead of joining a criminal law litigation office, I almost decided to join a corporate law firm, where I was very hopeful of getting a job, on account of my past performances there during my internships in the said firm. Just at that point of inflection, I received a confirmation from an office to join them, where there were umpteen criminal law matters, besides civil law matters. I joined the same, instead of that corporate law firm. But the remuneration was another challenge, especially on account of the fact that Delhi was not my hometown and as we all know, it’s an expensive place to live. But I somehow managed to survive without thinking much about the remuneration aspect and continued to focus on the exposure I was getting not only in criminal law but also in other fields like civil law, arbitration, etc. As for me, ’exposure’ was far more important than the ’monetary aspect’.
Another challenge that I remember facing in my initial days, almost daily, was how to effectively assist my seniors without getting scolded, not only in preparing brief notes, and basic drafts but also in providing them with appropriate research to bolster his arguments. Initially, there used to be mistakes, which gradually reduced with the passage of time leading to a point where my senior did not even have to vet my drafts, research work, brief notes, etc. I remember, within the initial months of my first job, while drafting a petition, on behalf of an accused, which had to be filed before the Hon’ble Delhi High Court against an Order on charge passed by a Ld. Session’s Court in a dowry death case, I drafted a criminal writ petition instead of a criminal revision petition. When I showed that draft to my senior, he was infuriated and straightaway pressed ‘Ctrl+A & Delete’ and told me to first find out the remedy against an order on charge and then get back to him with the correct petition. Even today, when I draft a petition against a Charge Order, that incident brings a smile to my face.
If we turn the clock back to 2011, when you were learning the ropes of criminal law litigation while working on a very basic salary, did you ever feel dissuaded from the idea of pursuing criminal law litigation when you saw your friends making a much higher amount practising corporate law or doing govt. job?
Not really. My clarity of thought was my strength. I was very content with what I was doing and as I stated above, for me, exposure was far more precious than remuneration. When my counterparts, who were getting much higher salaries, used to call me to seek my advice on various legal propositions, they had no clue of, it used to give me immense satisfaction, which was unmatchable and incomparable to any amount of salary. I was very clear that no matter what, I will pursue primarily criminal law litigation only, which is my forte. Today, those very people, who used to advise me to go for higher paying jobs (regardless of how the exposure was), come to me and tell me that my approach was indeed better than theirs. It reaffirms my conviction in myself.
Being a 1st-generation lawyer from Jammu practising primarily in Delhi courts, you have certainly carved out a niche for yourself. But are there any challenges you face even today, despite being an established criminal law practitioner?
After I started my independent practice, the biggest challenge I faced was to develop a good client base for me. Despite the fact that I, being an out-stationed lawyer, did not have any close friends/ relatives/ contacts in Delhi, who could send some good references to help my practice and my self-respect never allowed me to go to anybody’s office to ask for work, so getting clients initially was quite a task.
But then, I, alongside some senior counsels, secured an acquittal for the Talwar couple in the high-profile & widely covered ‘Aarushi Hemraj Double Murder Case’ from the Hon’ble Allahabad High Court, which gave me considerable media attention being a prominent part of the legal defence team. This success not only helped me in developing my legal practice in the beginning but it also gave me a lot of self-confidence and belief that I was definitely not wrong in choosing criminal law litigation as my career. However, even today, clientele development is an area where I still consider myself to be a ‘fresher’. “You can’t show your talent to a client unless he first engages you as his lawyer”, for which references are vital and, in my opinion, even various other far more talented lawyers face this challenge.
Another major hurdle that I faced initially was to build a good team of lawyers on whom I could rely, as in litigation, stakes are always very high and one petty mistake can really turn the tables, which can deeply affect your association with the client and his case as well. I remember, once, I was occupied in one court arguing a bail application and had told one of my younger colleagues to seek a passover in the other matter which was a criminal complaint listed before a different court, however, my colleague did not reach on time and the said complaint was dismissed on account of non-prosecution. I still remember the embarrassment when I told my client about it. One thing I have always been very particular about is that there can be no explanation/excuse for coming late to the court.
Even today, one query that I often come across from various people is, “How can you defend an alleged rapist, murderer, etc?”, and they sometimes even judge you on that basis. It often gets very difficult to make them understand the difference between your professional duties and personal beliefs. However, I always tell them that one should not judge someone until the judicial procedure is taken to its logical conclusion and that everyone has a fundamental right to be represented by a lawyer of his choice. I still remember, it was 2018, I secured an acquittal from the Hon’ble Delhi High Court in a rape indictment involving a visually challenged prosecutrix, and when I shared the news with a friend, he said “What are you so proud of?” and I immediately hung up the call. These sorts of challenges have become part and parcel of my journey, and I have reached a point where I don’t really become impassive about what others think of it. I am sure that after reading this particular anecdote, even some of the readers might be looking at it critically, but like I always say to my younger colleagues, “Becoming a faujdari vakil is no cake-walk, especially when you are an out stationed and 1st-generation lawyer and one should take such things as part and parcel of our esteemed profession”.
Could you tell us about any key experiences or moments whilst you were representing clients in any criminal law matter, be it a white-collar crime or a heinous crime or any other legal matter, including some anecdotes from your extensive experience of cross-examinations?
Though, there are so many highlights which are still very fresh in my mind. But some of the most memorable moments are:
Once, I got the opportunity to argue a petition against an order of charge before the Hon’ble Delhi High Court when I was still a newbie in the profession. My god! I was bombarded with various queries by the Hon’ble Court like “Have you read this judgment i.e. against your contentions…?” to which I immediately reverted “Yes, my lord, I am carrying a printout of the same also and it is completely distinguishable from my case and my apologies that I didn’t bring it up earlier”, and then I argued as to how the said judgment was not applicable to my case. I thoroughly remember, after I concluded my arguments, I was told by a very senior lawyer, who was also present in the courtroom, “Your presentation today was better than a 10-year experienced lawyer”.
I was cross-examining a witness on behalf of the defence in an alleged rape indictment, and after my lengthy cross-examination running into various pages, the witness started crying in the middle of the court. The witness was none other than the Investigating officer of the case and was a very senior and experienced police official. When the Hon’ble Court asked the witness why is she crying, I still remember her answer given by her,“mjhe wakil sahab ke cross se bahut dar lag raha hai aur mujhe lag raha hai ki kahin vo meri naukari na khaa jaye”. The attempt on my part was to show that the entire investigation was shoddy and biased leading to false implication of my client. Thereafter, the matter was adjourned on account of the same and finally, my client was acquitted in the said case, though obviously not on this ground but on the merits of the case.
Another case I remember clearly is when I got the privilege to cross-examine a witness at Kolkata, who was a very renowned Indian cricketer and had also been the Captain of the Indian men’s cricket team for a significant number of years. I was very confident rather overconfident that I would be able to demolish the testimony of the witness to corroborate the version of my client through the art of cross-examination, as he might not be very well-versed with the intricacies of the art of cross-examination, being a very renowned personality. However, within a few minutes of my cross-examination, I realised that I was being very overconfident and my perception was misplaced and that if I don’t improvise and change my line of cross-examination, I would achieve nothing. Accordingly, instead of continuing with an aggressive style of cross-examination, I switched to a very polite & subtle style, which is usually not my way, and finally, I could see the tides turning in favour of my client.
I recall that once, I had to argue one application on behalf of an old lady who was accused in a builder-buyer dispute, but somehow on account of my prior engagement in some other matter, by the time I reached the Court, the application had already been dismissed. Though, I had already told the client before getting engaged that I might not be able to reach court on time on account of my prior engagement in some other matter, and in that event, their lawyer on-record should argue the application. However, when I reached the courtroom, the client insisted that I should request the court to re-hear the application, to which I had my reservations. However, as the stakes were very high and the client was repeatedly insisting, I thought of at least making an attempt for the client and accordingly requested the Hon’ble Court to take up the case file again, to which I was initially reprimanded and rightly so. However, on my polite persistence and some theatrics, the matter was taken up again and the Hon’ble Court heard my arguments for about an hour. It was a one-of-a-kind incident because the Hon’ble Court had already dictated the order but as they say, “luck favours the brave”. Though, the fate of the application remained the same, but the client’s words after the proceeding’s conclusion, still echo in my mind, when she said, ‘You will go a long way beta and, irrespective of the outcome of the application, I am most grateful to you for what you did today for me’.
Another case that I still remember is when, I besides other counsels, had to go to All India Institute of Medical Sciences (AIIMS), New Delhi, to cross-examine the prosecutrix in an alleged rape indictment, where a special court had been set-up for 3-days inside the hospital premises itself, upon the orders of the Ld. Trial Court. When we used to enter the hospital in our lawyers’ uniform surrounded by full security, commoners used to be totally astounded and shocked as to how come lawyers and the Hon’ble judge are conducting trials inside the hospital. During the lunch break when we used to have lunch in the common canteen, a lot of people used to come to me and ask “Why is the trial being held in the hospital premises instead of the court complex and which case is this?” and the only answer I could give them was “we are just rendering our professional duties”. The intense atmosphere of those 3-days still feels like yesterday.
Your portfolio features an impressive array of high-profile cases, including representing Dr. Rajesh and Dr. Nupur Talwar in the ‘Aarushi Talwar – Hemraj Double Murders’ case or ‘Delhi Liquor Excise case’ or ‘the riots case in Panchkula’ or ‘Unnao rape case’? Do you adopt a different strategy for a high-profile case than that of a routine case?
For me, every case is equally important and I try my level best to do justice with every brief irrespective of the fact that whether it’s a high-profile case or otherwise. It doesn’t matter how much coverage a case is getting in the media as I like to prepare my brief on the basis of the documents and the instructions and not by what’s happening in the media. However, I must admit that media-covered cases are more difficult to defend as everybody is on their toes and one small mistake can really put you in a bad light. But if you are confident in your preparation then ultimately, you will not be swayed by any outside attention.
I remember in my initial days I was requested to defend a pro-bono murder case for an accused who had come to me through his very aged father from a rural background who could hardly make ends meet. He wanted to engage me after seeing my arguments in some cases when he was standing in the same courtroom waiting for his son’s case and wanted me to lead the case of his son. I took up the challenge and never charged a penny to them and even bore basic expenses for the case all by myself, as I was deeply moved by the agony of the old father according to whom his son had been falsely implicated. To be very honest, I was also very excited to know that I would get to cross-examine various witnesses in a murder case all by myself, which was running into more than 70 witnesses. The said case got over somewhere in the year 2015 and amongst other accused persons, my client was the only one to be acquitted of the murder charges. It was this case that actually made me learn the nitty-gritty of cross-examination in the initial years of practice. I still remember, that after I secured an acquittal in the said case, the old father while gifting me three cartons of mangoes, said, “main apko aashirwaad ke ilawa yeh hi de sakta hun, vakil babu” and he hugged me and left. Though, despite securing an acquittal for the accused, the accused never came to meet me even once, which over a period of time, I learnt to be a part & parcel of our profession. I still keep that judgment in my drawer as a souvenir as a self-claimed achievement of mine. But yes, it still gives me a lot of confidence and perseverance to wade forward in this ever-demanding and highly challenging profession.
Though, in white-collar crimes, usually, the prosecution complaints, relied-upon documents, digital evidence, etc. collectively run into thousands of pages, unlike heinous crime cases, and if you are comparatively a young counsel, you will be often asked to brief designated Senior Advocates in such matters. Therefore, in such matters, I ensure that I make a detailed list of dates & events and brief notes for the cases so that you don’t have to rummage through thousands of pages every time and the task gets easier whenever you have to address arguments or brief a Senior in such cases.
Therefore, if you have worked hard on your brief, irrespective of the nature of the case, you can really change the outcome. I feel that if you have built up a strong defence in the trial court, wherein the art of cross-examination is the best weapon in the hands of a defence lawyer, you can really give the prosecution a run for its money.
In the realm of corporate litigation, you argued one of the most landmark cases titled “BK Educational Services Pvt. Ltd vs. Parag Gupta Associates” before the Hon’ble Supreme Court of India. How was the experience in arguing such an important case?
The experience was very exciting and challenging. I was not conversant with the subject as the matter pertained to the provisions of The Insolvency and Bankruptcy Code, 2016. However, after I did thorough research and study on the subject, I was very excited to argue such a one-of-its-kind case. I still remember, after arguing for 2 days straight before the Hon’ble Supreme Court, I was feeling on top of the world, as the entire day I got quite a few phone calls from some lawyers who saw my arguments that day. I still remember one of them asking me, “Why don’t you shift your entire practice exclusively to the Supreme Court”, to which I humbly replied, “Sir, it’s definitely not my choice to make and it all depends on the client that engages me.”.
Do you ever get nervous when you are cross-examining, as the stakes in the same are extremely high, and the odds are desperately stacked against you and a minor mistake can deliver a permanent fatal blow to the client’s case?
Definitely not. I can’t recall a single day when I would have gone unprepared for a cross-examination. Rather, I feel absolutely thrilled to test my skills. I feel that your job as a criminal defence lawyer is like that of a cricketer as, no matter how well you have performed in the past, if you fail on a particular day, your entire case can go for a toss. One bad cross-examination can cause irretrievable damage to your client, so if you are nervous, that’s perfectly fine, but your nervousness should never be able to overpower your confidence and the rigour of your preparation. It’s very important to know what NOT to ask a witness in a cross-examination, as sometimes, unnecessary questions in a cross-examination can cause more harm than good to the case.
In your 12 years of experience, when is the right time when one may consider before going independent as a criminal law practitioner?
There is no hard-and-fast rule to it. It is quite subjective but I feel before going independent, one should definitely have a few years of experience at district courts, so that one can also learn the art of examination and cross-examination. The stage of evidence is very crucial for a criminal defence lawyer because, unlike civil law, the concept of filing a plaint, written statement and replication is not there and the cases are decided on the basis of the chargesheet, examination-in-chief, cross-examination, statement of accused recorded u/s. 313 CrPC, documents on-record, etc.
I would also suggest that even if you want to pursue your career as a criminal defence lawyer only, you should also have some experience of civil law because the drafting work is more in civil law as compared to criminal law and it enhances your drafting skills if you have also laid your hands in civil cases. For example, if you are, as an independent criminal lawyer, engaged to draft a petition to be filed before the Hon’ble High Court or Supreme Court and your drafting skills are not up to the mark, it can be very problematic. Therefore, having a blend of experience of a few years, in both civil and criminal litigation at the district court level as well as higher courts, would be an ideal situation. But it doesn’t mean that those who don’t get such a chance cannot be good criminal defence lawyers as you can also choose to argue cases directly before the higher courts and still do justice with your work.
Your journey in the legal field has undoubtedly been filled with challenges and accomplishments. Considering your vast experience, what advice would you give to freshly graduated lawyers?
It’s a tough one! I would say that patience, hard work, sacrifice and perseverance are the basic qualities one must inculcate from day one. You should choose a field which you genuinely enjoy practicing. To be very honest, I love practising criminal law litigation as it’s my passion and I don’t even remember the day when I got this crazy about my career and I love it when I am called a “faujdari vakil”. Though, when I think of my college days, I was not even certain if I would actually practice law after completing my graduation or I would end up joining my family business only. But as the days passed by, I became more and more motivated and passionate towards my career.
So, don’t get swayed away by extraneous considerations and short-term monetary benefits, but one should strive towards her/his long-term goal, which can happen only after putting in a few years of practice.
One should be ready to burn the midnight oil and make sacrifices for holidays for at least 3-4 years. Undergo training with full honesty and dedication towards her/his work. Because, remember, whatever you are doing today, even as a younger colleague or a senior, it would ultimately reap benefits for you only in the long run.
Adopting unethical shortcuts for lucrative monetary benefits should never be done and you should have a firm belief in your abilities, while also being practical at the same time.
I have seen that sometimes new-grads are more eager to work only on higher-profile cases than on ordinary cases, which approach, I would advise, should not be adopted.
In your initial days, you must read case files inside-out, try to have a good grip on facts of the case.
Don’t get afraid of voluminous files.
Try to make a chronological list of dates and events and also whatever petition/ application you are assigned to draft.
Try to read as many judgments as possible.
I know it’s quite a task to do all these things, but at the end of the day, like I said above, litigation is not a cake walk and no matter who you are, if you want to be a successful lawyer, realistically speaking, be ready to face the heat and yet continue to believe in yourself! I know, initially, you may have bad days at work and you will be reprimanded for your inadvertent mistakes, but when you will perform well and will be told “very well argued Mr. Counsel”, you will be on cloud nine and you will be even more fueled to continue your journey. There will come a time, when after concluding your arguments, you will be walking out of the courtroom and every other person will be asking for your visiting card and that day you will be extremely proud of yourself and would give you more boost to continue doing what you are doing. I am confident that if it can happen with a below-average lawyer like me (as against being termed as an “established” criminal law practitioner in this interview), then I am sure that the future holds much, much, much better for you!
Sir, please share with us how you initially became interested in the field of law and what led you to pursue it as a career?
I became interested in the field of law because of my father. He is a litigation lawyer on the civil side. In his prime, he was one of the leading lawyers in the city (Jalandhar, Punjab). When I was young, I was always in awe of his legal practice. I grew up in an environment where his office and our residence would be bustling with clients, lawyers, clerks and stenographers. I liked the busy life of a litigation lawyer where clients from all backgrounds with diverse problems came to explore solutions to their problems.
I realized that the core of the legal profession is problem solving and I started getting interested in the field of law, with the higher objective of contributing to the justice delivery system. Now after being a part of this system for more than 10 years, I can easily say that law is an empowering profession that has the ability to bring actual change in people’s lives.
Could you tell us about your educational background and the significance of your LL.M. in Competition Law and Market Regulation from the National Law University, Delhi?
I did B.A.LL.B (Hons.) from Panjab University, Chandigarh. Thereafter I proceeded to join my father in his litigation practice and learnt how to apply and practice law from the ground level. This phase in my life was the building block of my journey as a lawyer. I represented clients in all kinds of civil disputes that included possession disputes, matrimonial disputes, eviction matters, injunction suits, testamentary and succession disputes etc. For a period of three years I was also empanelled by the District Legal Services Authority which allowed me to represent the unrepresented in criminal trials. I was fortunate to get an opportunity to appear in criminal matters ranging from petty theft offences to murder trials.
However, after practising for 5 years, I wanted to move from private party litigation before District Courts to litigation that would be significant at the national level. In 2015, National Law University, Delhi came up with a new LL.M. specialization in Competition Law and Market Regulation, in addition to its usual LL.M. in Public Law. I thought specialization in a new and upcoming stream of law, even though the Competition Act was enforced in 2009, would allow me to garner new skills and help me in my endeavour to contribute to the legal system at the national level.
My LL.M in Competition Law and Market Regulation was interesting and fulfilling academically. Throughout my studies I realised the prime importance of my tenure as a litigating lawyer, for it was that experience which enabled me to understand competition law in application and not just theoretically. I also realized the difference in the attitude of institutions and students between State Universities like Panjab University and NLUs (at least the one I attended). In Panjab University the institution and students were primarily focussed on making a career in the judiciary or other government services. I must add that I too appeared for judicial exams in Delhi but could never go beyond the mains stage. Moreover, in Panjab University the focus was only on traditional subjects and new laws like Competition law, Insolvency and Bankruptcy etc were hardly included in the curriculum. At NLU Delhi, I witnessed students exploring different subjects and careers after graduation or LL.M. The teaching methodology and student assignments were also different at NLU Delhi in comparison to Panjab University. Another difference between traditional universities and law universities is the opportunity to interact with students from different faculties and departments. Traditional universities like PU allow students pursuing different subjects like law, arts, science etc to interact and associate. Moreover student unions are stronger and student body elections are significantly more important here.
Significance of the time spent in both the universities has been immense not just in the profession but in life. I made some lovely friends and even met my wife while studying at NLU, Delhi.
As someone who is qualified by both the Bar Council of India and the Law Society of Ontario, Canada, could you discuss the similarities and differences between practicing law in India and Canada?
I have qualified for the bar in Ontario, Canada but have not practiced there. However, I can comment based on the qualifying examination I cleared and the requirements I need to fulfil to continue my license. I think the profession in Canada is regulated in a much better way than in India. To start with, the qualifying exams (barrister and solicitor) which everyone is required to clear to qualify as a lawyer is more challenging than the All India Bar Examination conducted in India. The exams are framed in a manner that tests the candidates on ethical and professional responsibilities, as well as legal knowledge.
Even after qualifying as a lawyer, all lawyers are required to complete several requirements like submitting annual reports, continuous legal training (Continuous Professional Development) etc, failing which lawyers are suspended from practice. These details are also published on the website for the general public to know. Overall the system aims to protect clients from unethical practices and rules and regulations are implemented better in comparison to India.
What are some of the challenges you faced while representing clients in antitrust-related matters before the Competition Commission of India and the courts? How did you overcome those challenges?
Proceedings against these clients are pending either before the Competition Commission of India (CCI) or in appeal stage, so I’ll not be able to state much. However, I can say that antitrust proceedings in India are often based on perceptions and projections. Most of the times the prima facie view formed by the CCI before directing investigation is followed by the office of the Director General (DG) and again upheld by the CCI at the time of passing final orders. CCI often follows the market defined by foreign regulators in similar industries and is often not willing to adapt the market definition to Indian realities. I must add that lawyers also depend and rely on international jurisprudence to support or defend their cases. Despite the wide powers granted to the CCI to impose high penalties and dictate business decisions, the responsibility to establish contravention through evidence is quite low. The lack of transparency in CCI proceedings can also be a cause of annoyance at times.
Since the facts and proceedings are often complex, the Appellate Authorities also refrain from interfering in the primary questions of ‘definition of relevant markets’ and ‘market power enjoyed by parties.’ Although appeals have been allowed against CCI Orders but most of them have been allowed on procedural grounds. Appeals on many important issues are pending before the Supreme Court. Though we are part of the system and are equally responsible for the delays in final adjudication of appeals, we try our best to be ready to meaningfully assist the Courts in deciding these important issues.
Apart from your work with P&A Law Offices, you have also served as a Senior Associate at the Competition Commission of India. Can you share your experience there and the role you played in analyzing merger notifications and investigating alleged anticompetitive practices?
My tenure at CCI has played a vital role in my career. After finishing LL.M. I wanted to work at the CCI to understand its functioning. Unlike Courts, CCI has a very good setup where the Members are assisted by experts from legal, economics, accountancy and other fields. In fact, the decisions passed by the CCI are guided by the analysis and assessment done by these experts. Further, there are different divisions for merger control, antitrust enforcement, legal proceedings that include initiating and defending by CCI, economics, investigation etc. I was fortunate to have worked in different divisions. During my tenure I worked in the investigation divisions where we assessed and analysed cartels, anti-competitive vertical agreements and abuse of dominance related complaints. In fact the resale price maintenance case against Maruti originated from an anonymous complaint analysed by the investigation division.
The combination division dealing with merger control required me to collaborate more with counsels appearing on behalf of merging parties. CCI has a pro-business approach in merger control, however the division ensures that all combinations are notified as per the regulation and then vigorously pursues combinations where it is able to identify a harm arising out of the combination.
In addition to these divisions, I was attached to the office of one of the Members of CCI, where I was required to brief on matters from all divisions.
Lastly, what advice would you like to give to fresh law graduates who are just starting their careers? What key lessons or principles should they keep in mind as they embark on their professional journey?
The most important principle is to be open to all the work that comes one’s way, nothing is too small or too big, to work with sincerity and dedication and not to engage in wasteful comparative analysis. Young professionals should be willing to explore and learn different practices. I think law firms are exerting unwarranted pressure on young professionals to persist with only one field and the industry is needlessly focussing on specialisation. In fact even in a particular field, firms are demanding lawyers to be super specialized. For instance in Competition Law, lawyers are being categorized as enforcement specialists or merger control specialists. Specialisation or super specialisation is fine and may even be essential in the long run, especially in law firms, but fresh law graduates should be encouraged to develop skills and gain knowledge of different fields of law.
The core principles in law are the same across all fields and most of law is based on common sense. This is the reason why most senior counsels are able to represent clients across all fields of law. However, the industry and recruiters are not always willing to embrace young professionals who don’t specialize in one subject at the beginning of their careers. I can easily say from my own experience that all my different experiences, be it original side litigation, legal officer at an insurance company, association with CCI, competition law counsel at a law firm, have played an important role in understanding the legal system better and in practical application of different laws.
Could you please share a brief overview of your journey in the legal field and how you ultimately ended up as the Head of Legal, IPR, and Contracts at GormalOne LLP?
My journey in the legal field has been both exciting and fulfilling. I always had an interest in law from a young age as both my grandfather and father practiced law. They motivated me to pursue a degree in law, where I gained a comprehensive understanding of legal principles, regulations, and case laws. Along with my studies I also enhanced my knowledge on Cyber Laws and Information technology through a diploma and certificate. Thanks to the encouragement from my learned faculty at college, mentors, and fellow seniors I efficiently represented India at the International Model United Nations in London and participated in intra-collegiate moot court competitions. Through these experiences, I honed my critical thinking, research, analytical, and advocacy skills, which are essential for success in the legal profession.
While obtaining my law degree I delved into an internship with a prominent IP law firm, Aditya & Associates, for over 2 years, where I had the opportunity to work closely with experienced attorneys. This allowed me to apply my theoretical knowledge to real-world scenarios, familiarizing me with legal research, drafting documents and interacting with clients.
After graduating, I pursued my Master’s degree in Intellectual Property from Cardozo, a top ranked New York Law school. Cardozo offered me global exposure and enabled me to navigate the intricate world of Intellectual Property rights, a legal landscape surrounding innovation and creativity. While pursuing my Master’s degree, I worked at CBS Corporation in New York where I had the opportunity to be immersed in the American work environment which further helped diversify my experience in protecting and enforcing Intellectual Property rights.
As I gained more experience, I took on increasingly complex cases and responsibilities, representing clients in negotiations, hearings and court proceedings while working as a junior advocate at M.P.Vashi & Associates. Additionally, collaborating with my colleagues and engaging in continuous professional development further enriched my legal acumen.
Presently, I am Head of Legal for Intellectual Property and Contracts at GormalOne LLP where I play a pivotal role in safeguarding the organization’s intellectual property, managing contractual relationships and developing legal strategies to support business growth and innovation.
Over the years, I have had the privilege of contributing to significant legal victories, advising clients on intricate matters, and navigating the evolving landscape of laws and regulations. I have remained dedicated to upholding ethical standards and promoting justice while adapting to the dynamic nature of the legal field.
Looking ahead, my journey in the legal field continues to be a rewarding and intellectually stimulating endeavour.
You’ve undoubtedly achieved remarkable success in the field of IP law. What do you believe sets you apart from other IP lawyers in the field?
I believe my dedication to understanding my clients’ businesses truly sets me apart. By immersing myself in their industries and objectives, I can tailor legal strategies that align with their unique needs giving them a competitive advantage. I am able to do so due to my diverse experiences that have given me a 360-degree view in gaining client rights and protecting client interests in intellectual property. Additionally, my commitment to staying up-to-date with the latest developments in-field has contributed to my success in securing favourable outcomes for my clients.
Intellectual property cases can be quite intricate. Could you share one of your most challenging intellectual property cases and walk us through how you navigated it?
Certainly! One of the most challenging cases I worked on involved a complex Copyright infringement dispute between two industry giants. The technology in question was cutting-edge, and both parties were determined to win. To navigate this case, I worked cohesively with a multidisciplinary team of experts, including engineers and technical specialists, to thoroughly analyze the intricacies of the Copyrights in question. We strategically approached the case, focusing on key arguments and leveraging prior court decisions to bolster our position. Ultimately, through rigorous preparation and effective negotiation, we reached a favourable settlement for our client, avoiding lengthy litigation.
The world of IP laws is ever-evolving. How do you manage to stay current with the rapid changes in IP laws and regulations?
Staying updated with the dynamic world of IP is essential to providing excellent legal guidance. My love for literature around the globe with respect to inventions and legal measures, helps me to not only stay relevant but also ahead of the industry. I regularly attend industry conferences, participate in legal seminars, and engage in continuing legal education programs focused on intellectual property. Additionally, I am an active member of various IP law associations, where I network with peers and gain insights into emerging trends and best practices.
In the digital age, intellectual property protection has encountered new challenges. In your opinion, what is the most significant challenge facing IP protection in this era of digitalization?
The rapid digitization of information and ease of data sharing have created new challenges for IP protection. One of the most significant issues is the rise of online piracy and counterfeiting, which can severely impact the revenues and reputation of businesses and creators. Additionally, the global nature of the internet makes it challenging to enforce IP rights across borders. Addressing these challenges are the need of the hour and I urge international cooperation and practical solutions to safeguard intellectual property rights in the digital realm.
Your journey from being a legal intern to an accomplished International Lawyer is inspiring. What advice would you give to aspiring IP lawyers who want to excel in this field?
First and foremost, develop a strong foundation in intellectual property law through formal education and hands-on experience. Be curious and continuously seek to deepen your understanding of the ever-changing landscape of IP laws and regulations. Cultivate excellent communication skills, as effective advocacy for clients is crucial in this field. Additionally, never underestimate the value of networking and building relationships with peers, mentors, and industry professionals. Finally, remember that success in IP law comes more from understanding your clients’ businesses and being dedicated to protecting their interests.
Achieving accolades like the “Top 25 Emerging IP Partner” at IP LEGAL DIGITAL CONFEX AT DUBAI – 2023 is remarkable. Could you tell us more about your thoughts and feelings when receiving such recognition?
Winning the prestigious Top 25 Emerging IP Partner Award was an incredibly humbling and exhilarating experience especially considering the impressive pool of nominees. The selection of the best 25 partners was based on a comprehensive evaluation that encompassed key criteria such as partners’ notable accomplishments, overall reach within the industry, their significant impact on the intellectual property landscape, their forward-looking readiness for future challenges and their alignment with market demands. This recognition highlights winners’ exceptional contributions to intellectual property and their potential to shape its future.
To be recognized among my esteemed colleagues and peers in the legal profession was truly an honour beyond words.
Lastly, your journey has surely been an enriching one. Looking back, what motivated you to pursue law, and specifically intellectual property law?
As a child, I was fascinated with progressive innovation and creativity and as a teen, I was fond of big brands. As a young adult, I understood the impact brands and their marketing can have on shaping societal views and customer behaviour. This highlighted to me the significance of providing protections to intellectual property which led me to pursue a career in law, where I could help individuals and companies safeguard their innovations and contribute to the growth of technological advancements.
