Super Lawyer

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  • Building a reputation for integrity and professionalism is essential for establishing a successful legal career- Pratik Pawar, Partner, at J. Sagar Associates

    Building a reputation for integrity and professionalism is essential for establishing a successful legal career- Pratik Pawar, Partner, at J. Sagar Associates

    This interview has been published by  Priyanka Karwa and The SuperLawyer Team

    Can you tell us about your journey and how you ended up practicing law with a focus on litigation and alternative dispute resolution?

    My journey in the legal profession has been deeply influenced by the inspiring example of my father, an esteemed and hardworking advocate in his own right. Witnessing his dedication and success in representing clients from diverse backgrounds before the courts instilled in me a profound interest in litigation from an early age.

    I believe my foundation in law was laid through observing my father’s work, engaging in discussions with him about courtroom strategies, and purely out of curiosity reading pleadings and cross-examination notes prepared by him. These formative experiences fostered a natural inclination towards litigation and reinforced my determination to follow in his footsteps and practice as a litigator.

    During my time at law school, I pursued internships and opportunities that allowed me to gain hands-on experience in the world of litigation. One significant association was with the law firm M/s Shaunak Satpute & Co., renowned for its expertise in representing clients before various courts and tribunals. As an intern and later as an associate with this distinguished firm, I had the privilege of drafting pleadings, handling ancillary court documents, and independently arguing cases in front of the judiciary. The guidance and mentorship of Mr. Satpute, a seasoned legal professional, played a pivotal role in honing my skills and bolstering my confidence. I am immensely grateful for the platform provided by M/s Shaunak Satpute & Co., as it equipped me with the necessary skill set and fortitude to build a fulfilling career in litigation.

    My journey as a litigator has been shaped by a passion for justice, a dedication to the legal profession, the invaluable lessons learned from my father coupled with the emotional urge to follow his footsteps and esteemed mentors and guiding forces like Mr. Shaunak Satpute, Mrs.  Zia Mody and Mr. Farhad Sorabjee throughout my career. 

    You’ve had extensive experience representing clients before various courts and tribunals in India, including the Supreme Court and different High Courts. What attracted you to this area of law and how did you become involved in such diverse and complex cases?

    Indeed, the allure of litigation lies in the profound opportunity to champion our clients’ causes and seek justice before the courts. I firmly believe that advocacy in the courtroom is the heart and soul of our profession, and it is this conviction that drew me to this area of law.

    Litigation is akin to a captivating game of chess, where strategic thinking, extensive research, and meticulous preparation are paramount. The thrill of pleading one’s case before the court is matched only by the satisfaction of crafting compelling arguments and presenting them effectively. Each case presents its unique challenges, requiring a keen understanding of the law and a proactive approach to anticipate the opposing party’s moves.

    After my tenure at M/s. Shaunak Satpute & Co., I had the invaluable opportunity to join AZB and Partners, a prominent law firm in India, where I had the privilege of working closely with Mrs. Zia Mody. This experience exposed me to complex and diverse litigations and arbitrations, including high-stakes disputes involving public trusts, international commercial arbitrations, and fiercely contested corporate disputes.

    Under the mentorship of Mrs. Zia Mody, I honed my skills and cultivated a never-say-die attitude. Over the course of my six years at AZB, I had the privilege of representing clients in matters before the Bombay High Court and the Supreme Court of India. Several of these landmark cases resulted in reported judgments, which further underscored the depth and complexity of the matters I handled. 

    Followed by my stint at AZB, I have been working with JSA as their disputes partner for last eleven years where I have continued to handle and lead high-value and intricate cases before various Courts, and fora.  At JSA I have had the opportunity of advising and representing diverse clients in arbitration proceedings both, domestic and international. This continued exposure at JSA has equipped me with the confidence and acumen necessary to navigate any challenge, no matter how intricate or critical. JSA has also provided me with the platform and independence to expand my practise in diverse areas of corporate & commercial disputes, as well as matters pertaining to Media & Entertainment law which include contentious matters pertaining to copyright infringements in cinematographic films, disputes pertaining to rights in a cinematographic film, legal opinions on copyright infringement, advertising standards, disparagement, advisory and documentation in relation to assignments of rights in a cinematographic film. This has shaped me into a seasoned litigator, capable of representing our clients’ interests with unwavering dedication and a commitment to excellence. 

    The field of law can be quite challenging and demanding. Could you share some of the most memorable or impactful cases you’ve handled throughout your career?

    I must admit that the field of law is indeed dynamic and presents a constant stream of challenges. Throughout my career, I have had the privilege of handling numerous impactful cases, each with its own unique set of facts and complexities.

    Among the most memorable and impactful cases was a dispute between two joint venture partners, which epitomized a classic shareholder’s dispute. This matter demanded urgent applications for interim relief, requiring my team to employ strategic foresight and navigate potential countermeasures. The late-night counsel conferences and rigorous internal discussions to chart the best course for our client were defining moments. Ultimately, achieving a favourable outcome in that matter remains a cherished and highly instructive experience for me as a litigator.

    Another significant case involved a contractual dispute between our client, a renowned software company, and a formidable counterparty engaged in the travel and tourism business. The counterparty resisted the appointment of an arbitrator and opposed Section 11 proceedings all the way to the Supreme Court. The complex arguments presented by both sides during the Section 11 proceedings at the High Court and the Supreme Court culminated in reported judgments in favour of our client.

    Adding a unique twist to the case, the arbitrator initially appointed by the Court on behalf of the counterparty recused himself, leading to the counterparty’s attempt to appoint an arbitrator of its choice after forfeiting its right to do so initially. My team successfully filed an application opposing this appointment, contending that the counterparty had relinquished its right and, given that the court had appointed the original arbitrator, only the court could appoint the replacement. This application, too, was contested vigorously before the High Court and the Supreme Court, ultimately resulting in a favourable judgment for our client.

    These cases exemplify the essence of practicing law, where relentless dedication, strategic acumen, and profound legal knowledge converge to secure the best possible outcomes for our clients. I take immense pride in leading our firm’s talented team to handle such impactful cases and provide exceptional legal representation to our valued clients.

    In your profile, you mentioned advising and representing clients in international arbitrations. How does the approach to international arbitration differ from domestic ones, and what are the unique challenges you face in cross-border disputes?

    Here, I must underscore that international arbitration stands apart from domestic proceedings due to its unique complexities and considerations. When dealing with cross-border disputes, we approach the process with careful attention to the applicable law governing the contract and the rules governing the arbitral proceedings. Given that, wherever necessary, engaging a local counsel or law firm specializing in the relevant law ensures sound legal advice and accurate contract interpretation, enhancing the overall effectiveness of the representation.

    One key distinction in international arbitration is the approach to discovery. The process of requesting and objecting to document production differs in form and practice compared to domestic arbitrations. Therefore, I along with my team adopt a tailored approach to address these nuanced aspects while representing our clients in international arbitrations.

    Cross-border disputes present distinct challenges, notably the fixed time frames allotted for conducting cross-examinations and advancing arguments. Adequate preparation is essential, and we meticulously adhere to time limits for cross-examination of witnesses and oral arguments. To ensure optimal performance, we conduct mock trials in advance of the hearings.

    Additionally, enforcement of foreign awards poses another challenge in cross-border disputes. My team remains vigilant in navigating the intricacies of enforcing such awards, employing our expertise to protect our clients’ interests throughout the process.

    White-collar criminal proceedings and investigations are another significant part of your practice. What drew you to this particular area of law, and how do you navigate the complexities of representing clients in such cases?

    My journey in the legal profession has been marked by versatility and adaptability. As a young litigator, I embraced the responsibility of handling both civil and criminal matters, as it was expected of me to be well-rounded in my practice. This early exposure to a diverse range of litigation mandates allowed me to develop a comprehensive skill set, enabling me to adeptly represent clients in various legal arenas.

    In recent times, the boundaries between civil and criminal proceedings have become less distinct. Commercial transactions can often lead to disputes where parties find themselves embroiled in parallel civil and criminal proceedings. Consequently, my team and I frequently find ourselves representing clients in both civil and criminal matters arising from the same transaction.

    Handling criminal proceedings and investigations demands agility and quick thinking. As we strategize, decisions must be made swiftly, always keeping in mind the imperative of minimizing risk exposure for our clients. Though it can be a demanding and sometimes stressful process, the adrenaline rush of navigating criminal cases is truly unmatched.

    To successfully navigate the complexities inherent in criminal matters, we place paramount importance on understanding the client’s perspective and the transaction at hand. Formulating a clear strategy, including anticipatory bail or bail applications, becomes essential in such cases. We also ensure that our clients are fully informed of the merits of their case, based on the charges they are facing. Sensitizing clients to the realities of the situation and emphasizing the significance of cooperating with the authorities during investigations are vital aspects of our counsel.

    When handling criminal matters for our corporate clients, we understand that certain criminal actions may be initiated as pressure tactics and may not necessarily warrant prosecution. Despite the frustration that may arise during such processes, I guide my clients through effective counter steps and actions to address these proceedings, always prioritizing their liberty and best interests.

    Your media and entertainment practice involves dealing with copyright infringements, film rights, and advertising standards. What are some of the key issues and legal nuances that arise in this area, and how do you protect your clients’ interests effectively?

    I happen to be acutely aware of the key issues and legal nuances that arise in this dynamic area of practice. Copyright infringement claims pertaining to film scripts, exclusive event photographs, and well-known trademarks, as well as cases involving comparative advertising, are among the prominent challenges faced in the realm of intellectual property. Over the years there has also been an increasing trend in matters concerning alleged copyright infringements at inter-office/corporate musical events.  

    To effectively protect the interests of our clients, we employ a comprehensive approach that begins with issuing cease and desist notices to parties infringing upon our clients’ IP rights. When necessary, we swiftly initiate appropriate legal actions seeking urgent ad-interim reliefs, which may include seeking injunctions or other forms of emergency relief. In certain cases, we also take recourse to initiating criminal proceedings under the relevant statutes to safeguard our clients’ rights under the trademarks act.

    In addition to our vigilant efforts in enforcing IP rights, I provide strategic advice to clients on matters concerning comparative advertisement, ensuring compliance with the Advertising Standards Council of India (ASCI) rules. Keeping abreast of evolving guidelines on misleading advertisement, we counsel our clients on adhering to the most recent regulatory standards to minimize legal risks.

    In a world where the media and entertainment landscape is constantly evolving, we pride ourselves on offering tailored legal solutions that safeguard our clients’ creative works, brand identities, and commercial interests. 

    Throughout your career, you’ve advised clients from various industries and regions. How do you stay updated with the ever-changing legal landscape, especially in the international arena?

    As a dedicated legal professional, I recognize the imperative of continuous learning to navigate the ever-changing legal landscape effectively. Staying updated with the latest legal developments, both domestically and internationally, is a top priority in my practice.

    To keep abreast of the dynamic legal landscape in India, I diligently monitor any amendments to statutes and the introduction of new legislative regimes. Additionally, I remain vigilant in tracking important judgments in my practice area, discussing them with my team to ensure we stay well-informed.

    Furthermore, being aware of the latest trends and practices in various industries where I advise clients is essential. This knowledge enables me to offer well-rounded and strategic legal counsel tailored to their specific needs.

    In the international arena, I would be remiss if I didn’t mention the multiple opportunities provided to me by my Partner Mr. Farhad Sorabjee to meet and interact with lawyers across international jurisdictions. I have been blessed to meet legal luminaries across the globe and speak in webinars and conferences on legal trends in these jurisdictions and build strong connections across borders. I also subscribe to newsletters and publications from reputable sources in various jurisdictions to maintain an up-to-date understanding of international legal developments.

    As a seasoned practitioner, I firmly believe that continuous reading and learning are indispensable for any successful legal professional. The commitment to being a lifelong student of the law allows me to provide the highest level of legal representation to clients from diverse industries and regions.

    Could you share a particularly challenging case you’ve worked on and how you were able to find a successful resolution for your client?

    One of the most demanding and distinctive cases in my career involved a representative suit filed against my clients during the challenging period of the Covid-19 pandemic when the Bombay High Court was functioning exclusively in a virtual manner. This case was particularly notable as it was the first matter taken up for final hearing and adjudicated virtually by the Bombay High Court, entailing extensive volumes of pleadings filed online by both parties.

    In this matter, two former employees of my client initiated a Representative Suit along with an Interim Application on behalf of 256 ex-employees before the Bombay High Court, seeking a stay on my client’s discontinuation of premium payments for medical insurance coverage. My team and I represented and defended the Company in these proceedings, which presented intricate legal issues involving the grant of mandatory injunctions and the application of promissory estoppel in India. Additionally, the court deliberated at length on the impact of the Covid-19 pandemic on the cessation of premium payments during an extensive online hearing. 

    The outcome of this complex case proved successful for our client. The Single Judge of the Bombay High Court dismissed the Interim Application, upholding our client’s position, and observing that while Covid-19 had indeed affected both individuals and companies, it could not serve as a ground to bypass the standard legal requirements for the grant of mandatory injunctions.

    The ex-employees filed an appeal before the Division Bench of the Bombay High Court, which, too, was subsequently dismissed, affirming the favourable outcome for our client.

    The proceedings of this case were marked by the unique experience of filing comprehensive pleadings online and conducting a final hearing of a complex matter virtually. The challenges posed by this novel approach to litigation underscored the adaptability and resilience of my team. Ultimately, the successful resolution of this case stands as a testament to our unwavering commitment to diligently represent our clients’ interests, even in unprecedented and challenging circumstances.

    As a seasoned attorney, what are the most valuable lessons you’ve learned from your experiences in the legal profession?

    Throughout my extensive journey in the legal profession, I have gained invaluable insights and learned several key lessons that have shaped my approach as an attorney. These lessons can be summarized as follows:

    • Patience and focus are essential virtues in the legal profession. Rather than seeking immediate results, I have learned the value of staying committed to the long-term goals of my clients, meticulously working towards achieving favourable outcomes.
    • In the dynamic world of law, learning is a perpetual process. Each case and every interaction with colleagues and mentors provide opportunities for growth and knowledge enrichment. I firmly believe that the willingness to learn and adapt is a hallmark of a successful legal professional.
    • Throughout my career, I have been fortunate to receive guidance from seasoned mentors. The wisdom imparted, whether through direct teachings or subtle corrections to my work, has left a lasting impact on my approach to legal practice.
    • Regardless of the nature of a court appearance or meeting, I have learned the importance of thorough preparation. Even when seeking an adjournment, being well-prepared demonstrates professionalism and respect for the judicial process.
    • As a legal practitioner, my primary duty is to my clients. I have learned to provide them with candid and honest assessments of their cases, ensuring that they have a realistic understanding of their situation and the potential outcomes. This approach fosters trust and enables clients to make informed decisions.

    Considering your extensive experience and expertise, what advice would you like to give to fresh law graduates who are just starting their legal careers?

    To the aspiring young law graduates embarking on their legal careers, I offer the following advice, drawing upon my own experiences in the field:

    • In the pursuit of a career in litigation, it is crucial to develop a strong foundation by learning the fundamentals of litigation practice. Familiarize yourself with the process of filing a matter, addressing office objections, and understanding court procedures. Embrace the basics, as they form the bedrock of your growth as a litigator.
    • Spend time in court observing experienced counsel argue their cases. Take note of the principles of law they cite, their approach to presenting arguments, and how they handle interactions with the judges. Observing seasoned practitioners will provide invaluable insights into the intricacies of court craft.
    • Entering the legal profession may seem overwhelming at first, as the practical aspects of litigation can differ from the theoretical knowledge imparted in law school. Be patient and recognize that success in this field requires perseverance and dedication. Embrace the learning curve, and with hard work and sincerity, you will gradually find your footing.
    • As you gain experience, strive to develop a holistic approach to litigation. Understand that legal practice is not solely about arguing cases but also encompasses diligent research, drafting persuasive pleadings, and mastering the art of negotiation and settlement.
    • Uphold the highest standards of professionalism and ethical conduct in all your interactions. Building a reputation for integrity and professionalism is essential for establishing a successful legal career.
    • The legal profession is ever evolving, with new laws and precedents shaping the landscape. Therefore, commit to lifelong learning and stay updated with legal developments to provide the best possible representation to your clients.
    • Be patient.

    Get in touch with Pratik Pawar-

  • Take feedback seriously, but never to heart. Also it only reflects how you were at that particular point in time and never a reflection on your future opportunities or ability- Samarth Chaddha, Legal Counsel at Goeasy

    Take feedback seriously, but never to heart. Also it only reflects how you were at that particular point in time and never a reflection on your future opportunities or ability- Samarth Chaddha, Legal Counsel at Goeasy

    This interview has been published by  Priyanka Karwa and The SuperLawyer Team

    Sir, please tell us about your journey and how you ended up pursuing a career in law? What inspired you to choose this path?

    I was working after I completed my graduation in Economics and I felt the need to study further. At that point, an MBA seemed like it would require many more years of work experience, so I decided to look into becoming a lawyer. The idea of law school aligned with my idea of writing, researching and discussing laws and policies – all of which were activities I enjoyed. 

    With your combined academic and working experience in legal counseling within various business environments, what have been the most valuable lessons you’ve learned along the way?

    I think I have learned what kind of mentor to be and what not to be. I have had bad bosses, and some very good ones. Therefore, I know what not to do. On the technical front, I have learned how to redline and draft agreements which is a skill we have to keep getting better at as we progress in our career. 

    In your previous roles, you have been involved in regulatory compliance, risk anticipation and management, as well as contract review. Could you share some examples of challenges you faced in these areas and how you successfully navigated them?

    Initially I found some of these agreements daunting and confusing to say the least. But with the right levels of practice, and some help from other colleagues and mentors, the process of reading an Agreement became more easier for me. I recommend having a checklist or some flow of standard steps so you don’t end up missing out on the fine print! 

    You have been responsible for overseeing vendor management for new contracts, contractual work, litigation, and licensing. Could you discuss a project or initiative where you implemented a vendor management process that had a significant impact on the organization?

    In my previous role, I built out a vendor management policy that was adopted by the organization. This was an opportunity for me to understand the pain points of different stakeholders and work with them in creating a policy that reflected their concerns. Eventually this was created into an updated version as well and impacted the business in a big way. 

    Throughout your career, you have demonstrated strong analytical and critical thinking skills. Can you share an example of a complex legal problem you encountered and how you approached its resolution?

    I remember negotiating in a conference room over a force majeure clause and whether the pandemic was still foreseeable or unforeseen. I just tried to understand the other party’s perspective and my approach was to come to a gradual resolution with a more give and take mentality as we went along with the contract negotiation. 

    Communication is a vital skill for any legal professional. How have you utilized your oral and written communication skills to effectively collaborate with colleagues, clients, and stakeholders?

    This is something we have to keep working on. Whether it is emails, or even speaking to clients and stakeholders on the phone – we are always communicating. I try to keep my emails short and my tone to be friendly or business casual for the most part. I typically find that if you are not able to deliver, sending a holding email can be an effective way to buy some time and not disappoint. 

    Lastly, based on your extensive experience, what advice would you give to fresh graduates who are just starting their careers in the legal field? What key skills or mindset should they focus on developing to succeed in this profession?

    Be ruthless. Take feedback seriously, but never to heart. Also it only reflects how you were at that particular point in time and never a reflection on your future opportunities or ability. Everything can be taught and learned – no body is born with the ability to decode legislation or draft agreements. Similar to driving, we all are learners and keep practicing our craft to be so in the “practice” of law. 

    Get in touch with Samarth Chaddha-

  • IPR is the backbone of inventions and brand protection and with the advent of the new age economy it is becoming all the more impactful for brand protection and the building of India as a country and nation leading the economy in the times to come- Shivaarti Bajaj, Co-Founding Managing Partner at RSD Bajaj Global Law Firm

    IPR is the backbone of inventions and brand protection and with the advent of the new age economy it is becoming all the more impactful for brand protection and the building of India as a country and nation leading the economy in the times to come- Shivaarti Bajaj, Co-Founding Managing Partner at RSD Bajaj Global Law Firm

    This interview has been published by  Priyanka Karwa and The SuperLawyer Team

    Can you tell us about your journey and how did you end up becoming a lawyer specializing  in intellectual property, data protection, and emerging technologies? 

    As a person with a Masters in Biotechnology and allied Sciences, and coming from an Indian  Air Force (defence) family background, and as a first generational lawyer, pursuing law and to  build our firm has been an experience of immense learning. I have grown with the India growth  story – that if you have merit, it shall prevail with the right kind of hard work to back it.  

    Furthermore, with the guidance and mentorship of Dr. Vidya Sagar, Founding Managing  Partner, Remfry & Sagar and the Father of Intellectual Property Rights in India, being able to  absorb his teachings after being recruited directly by him in the firm, was my watershed  moment. With always a keen interest in the language of law, debates, history and a penchant  for reading, having to progress into becoming a full-fledged lawyer was a natural one post that.  It was at that moment that I realized that I can use this cross-section of knowledge of science  and law that I have generated in the field of IPR’s and technology law and thereby started  contributing to the field of law. 

    With the advent of the digital age, technology has always been at the forefront of our thought  process and while building the firm we follow the vision of being able to be advised through  quality and in-depth knowledge to the clients in the field of technology and emerging tech and  cater to the new age economy.  

    But if I have to summarize my journey till now, in one line, I would quote Robert Frost, “These  woods are lovely, dark and deep, but I have promises to keep, and miles to go before I sleep,  and miles to go before I sleep.” 

    As the Co-Founding Managing Partner at RSD Bajaj Global Law Firm, what motivated  you to establish the firm and what unique services does it offer to clients globally? 

    Our vision of establishing RSD Bajaj Global Law Firm is by way of creating an impact by  advising clients of the new age economy at legal and business strategic level.  

    The firm’s vision is principally based on the important pillars of- being a full service law firm; integrity and professionalism – which is something which we see at the cynosure of our ethics  and functioning the firm, be it within our teams or with the client’s at large; and to take the  firm global from India.  

    Being a full service law firm from India puts us in a position to advise our clients not only on  the advisory fronts on all practice area’s but also on the enforcement end of the law. This unique  ability to be on the full spectrum is something we have always envisioned at the firm and with  the amalgamation of integrity and professionalism we are keen to take it to the global forefront.  

    You have successfully advised and aided in scaling of various digital/tech start-up’s.  What key challenges do these start-up’s often face, and how do you help them overcome  those challenges?

    The firm – RSD Bajaj Global law firm – being a full service firm, from the point of view of the  capability of the firm to advise on Corporate, PE, M&A, IPR, Data privacy and litigation as  well. 

    This makes us- in terms of capability- to be able to provide our clients with an out-an-out 360  degree advisory along with enforcement capabilities within the firm itself. This we see as a  challenge which the firm is able to dwell into and solve at a level which enables us to be present  as an end to end advisory with a strong ability of enforcement.  

    Lawyers in traditional law firms do not understand how the new economy works, how their  leaders think. We have been entrepreneurs and grown with these entrepreneurs and invested  our heart and soul of theirs through process and entrepreneurship mind space. Hence, in contrast  to the traditional law firms, we see that our solutions are more suited and advice is rounded in  terms of the current business needs. At the end of the day, your product has to be good. If you  can solve difficult problem statements for clients, you are the go to person for the client. In  order to be a part of that solution, the ingredients and hence the approach both are different.  

    With your specialization in intellectual property rights and data privacy, how do you  advise clients on the intersection of IPR and business laws- particularly in the Web3.0 space and with Metaverse and NFT’s ; also with regard to the Data Privacy in the India  jurisdiction?  

    Also, since you are one of the few certified qualified patent attorney/agents in India with a  masters in Biotechnology & allied sciences, could you shed some light on the importance of  patents and trademarks in protecting innovations and brands? 

    Intellectual Property Rights as I like to call them are a right which might have not been taken  very seriously by a plethora of businesses in India in the past. However, in the present times the  vast applicability of Intellectual Property rights along with the relevance it brings to businesses  at large is gaining it’s securing place in the legal realm of all deals, innovation and brand  protection.  

    IPR is the backbone of inventions and brand protection and with the advent of the new age economy  it is becoming all the more impactful for brand protection and the building of India as a country  and nation leading the economy in the times to come.  

    In the digital phase, the next juncture will have a heavy influence of IP rights in the digital  world. With the advent of Web3.0 , Metaverse, NFT’s and digital current. In the Indian  jurisdiction, it will be rather interesting to witness and be a part of judgments, findings and  decisions that we are all set to be witnesses to in the realm of practice. For instance, in April,  the Delhi High Court, for the first time, examined NFT digital player cards and the connected  right of personality of cricket celebrities.  

    The Personal Data protection bill is also underway and the legislative bodies are touted to make  it a law anytime soon. This brings with it a more clear view of the law in terms of Data Privacy  in India and what it would mean for Indian tech companies etc. to be operating in and from  India. The right treatment of data is more of a necessity and the nuances if not followed well  can be leading to heavy penalties as by the government. 

    You were recognized as the BW Intellectual Property Lawyer of the year 2023; and the  BW Tech Lawyer of the year 2023. In addition to this you have also been accoladed with the  BW 40 under 40 lawyers in India in 2022. What do these accolades mean to you, and how  do they reflect your accomplishments in the legal field? 

    From the view of an initial reaction, I think this is a great encouragement for young lawyers in general, especially a ‘first-generational lawyer’s’ such as myself towards my contribution in the last 15+ years to the field of IPRs (Intellectual Property Rights) & Data Privacy and TMT (Technology, Media, Telecom) amongst others. As well as for my legal entrepreneurship journey of scaling a law firm, in the capacity of being the Co-Founding Managing Partner, RSD Bajaj Global Law Firm. 

    Accolade’s are always positive and uplifting, however, in this enriching profession of law whilst building a law firm from India, it is a long way to go. In the present times, a lot will be in a dynamic state with respect to the profession of law and from being an active participant and contributor to the same; and witnessing the fast pace of the changing face of the economy there is still a lot to contribute.  

    Here one cannot help but mention the extract from ‘Ulysses’ by Alfred Tennyson. Ulysses is about living life to the fullest and to constantly aim for positive movement. Ulysses’ zest “to follow knowledge like a sinking star” is something that holds great relevance in the practice of law. 

    The iconic closing line of the poem “To strive, to seek, to find, and not to yield” advocates not just the pursuit of knowledge, but also the will to do so. 

    You have also been recognised as the Chair of the Young Members Committee at the  Licensing Executives Society International (LESI), in India. Therefore, as Chair of LESI  India, what initiatives have you undertaken to support young professionals in the legal  industry? 

    As being honoured to be at the Chair of Young Members Committee in India, we along with  the inputs from our President from India, conduct various webinars and aid in knowledge  sharing across all countries to keep abreast with the changing legal landscape at large.  

    With your vast experience and achievements, what advice would you give to fresh  graduates aspiring to pursue a career in law and the legal profession? 

    Albeit the experiences that I hold come from being able to be present in the once in a lifetime change of the age and knowledge being at the centre point of the new age economy. However I always feel in a field such as the Noble profession of practice of law it will always be an uphill journey with diligence, perseverance and tenacity at its very fundamentals. This is what has mattered and will always matter as the most important accomplishment and with the learnings from seniors across all practice areas and constant guidance of senior’s always help in the learning profession such as law.

    Get in touch with Shivaarti Bajaj-

  • Knowing your brief, correct facts, being bold and aware about what you present, are key points which come what may, would not shake the confidence no matter what- Anushkaa Arora,Principal & Founder at ABA Law Office

    Knowing your brief, correct facts, being bold and aware about what you present, are key points which come what may, would not shake the confidence no matter what- Anushkaa Arora,Principal & Founder at ABA Law Office

    This interview has been published by  Priyanka Karwa and The SuperLawyer Team

    Ma’am, please tell us about your educational background and how you ended up pursuing a Master of Laws (LL.M) in Intellectual Property Laws from the National University of Singapore?

    I was born and brought up in Delhi however, I pursued 8 years of school from Dehradun, namely Ann Mary School.  I am a Science with Maths student from an ICSE + ISC school named previously. Thereafter, from a PCM background I took the plunge into BA LLB, and with god’s blessings topped semesters and attained top position during my final semester. I further pursued my masters in IPR from NUS Law. Meanwhile during school, I have also had the innate interest towards yoga and attained Pramana Patra by clearing all 5 levels with highest grades. 

    I took the plunge into IPR for the reason that apart from criminal laws, IP Laws interested me a lot during university days. I found that the curriculum taught in law schools was not enough to overall understand this subject, which is when I decided that I would definitely want to study IP  in depth. I was fortunate to get into Amarchand Mangaldas on merit, as an intern, where I was put into the IP team, which further caught my attention towards IP, which is when I was sure that I would like to explore this subject more, before I hit the professional world. I thereafter to satisfy my curiosity over this subject got into Luthra & Luthra internship and experienced various more aspects in the same. Further, I was called back at Amarchand Mangaldas over an assessment internship, with which I was sure that I would really love to further pursue this subject and dwell into advanced core. This is when, it struck me, to pursue IP from NUS, being top 10 in the world for IP Laws, as a recommendation from every well-known practitioner of IP India has seen. After further training with some of the most refined law firms as named above including RK Dewan, I took the plunge for Singapore to pursue masters in IP. 

    During your LL.M program, you specialized in subjects such as Celebrity and Entertainment laws, fair use in the UK and USA, copyright, trade marks, cyber law, and more. What sparked your interest in these areas of law, and how do you think they contribute to the field of intellectual property?

    My main motive to pursue masters from Singapore in IP field was to be trained by the best and pursue subjects which form part of real core of IP. These subjects form part of the real core of IP if we talk about trademarks and copyrights. Being trained by the best, witnessing luxury brands In Front of your eyes by professors who teach such subjects, not only amazed me, but reinstated the dedication for which I had subscribed to masters from Singapore. 

    These subjects have not only contributed towards my professional commitments but have given me the maturity, edge over competitors and confidence to deal with some of the very high stake and high profile IP litigations/advisory I have handled so far.

    You completed Directed Research under Prof David Tan on Luxury Brand Counterfeiting. Could you share some insights from your research and its significance in addressing the issue of counterfeiting?

    My directed research under the topic as mentioned has been pursued under the guidance of a person who is not only well known for the said subject but is a live example of walking luxury brands. My research involved understanding luxury brands, the efforts and time spent on making the same, counterfeits of such brands, empirical research of the same. To undertake the research,  I even travelled to south Vietnam, which houses counterfeits of the world, understanding the market there, issues with use of counterfeits etc were some aspects which were witnessed in person and thereafter jotted down. 

    Counterfeiting is escalating especially with advent in technology and know-how. The directed research addresses very specific points over the same, creating significant impacts over society to understand the issue to its root cause and the pitfalls associated.

    Your Bachelor of Arts and Law Honours degree from Guru Gobind Singh IP University in Delhi showcased exceptional academic performance. What motivated you to excel in your studies, and how did this experience shape your understanding of the law?

    Honestly, I was always passion driven. Nothing seems rather a task when it comes to law. I just loved what I am doing, hence it all happened as it should happen. I always had the innate quality to understand arts subjects right from school where I used to obtain highest grades in history, English etc. continuing the same interest in BA LLB. I am glad I did exceptionally well. 

    Being honest, law school studies did shape a personality, however with respect to understanding of law, I will say I give the credit to my training as an intern since 2012 in any or all holidays. I think practical knowledge in law is most important which one does not get by studying law. Same story follows, at least for me. 

    As a member of the Singapore International Arbitration Center (SIAC), could you share some of your experiences in handling arbitration cases and the significance of alternative dispute resolution in the legal profession?

    I have represented Indian clients before SIAC and have also advised on such international arbitrations. Apart from the same, I have dealt/been a part of some of the high stake arbitrations in India for which the journey compared with litigation has been a much smoother ride.

    Getting instructions from clients, presenting the same before the arbitrator working your way out in a much organised and sophisticated manner, have been some of the most loved experiences.

    I believe we should work towards advising parties in choosing ADR rather than complex, long and haphazard litigation, which not only saves time and money of the Client but it does give a comprehensive organised flavour to the case. Speedy angle being added, makes it even more suited for clients. 

    You have been actively involved in conducting webinars on various legal topics and moderating sessions with renowned individuals in the legal field. What motivated you to engage in knowledge-sharing activities, and how do you think they benefit both legal professionals and the wider community?

    I have always been involved in such knowledge-sharing activities, since school days. Having an innate quality to help the society, I have even kept myself occupied with pro bono activities and extending pro bono legal aid to the downtrodden. 

    Be that as it may, I do not think anything motivated me, I think this is always something I liked, because I wanted to help a major section of society either by imparting education or by getting dignitaries who could do the same. 

    Such knowledge-sharing activities have far reaching effects. These days, the internet is accessible to masses. For those students or professionals who cannot afford expensive commentaries, web access, mentoring under dignitaries, can gain insights by witnessing such knowledge-sharing activities, which has been my main motive all the while. People who are preparing for exams, involved in litigation over subject matter relating to such knowledge-sharing activities etc are tremendously befitted, as they can join and during interactive sessions, pen down their queries and thereby avail answers. 

    In your role as the Founder of ABA Law Office, you have worked on notable matters such as handling complex criminal law cases, intellectual property rights etc. matters for clients. Could you share some key challenges you faced in these cases and how you effectively addressed them?

    Key challenge faced is I believe with respect to me being a female. Gender discrimination though subtle but is prevalent. Tackling the same especially in lower courts outside Delhi is yet again a major task, which I successfully seem to have handed over the years of my practice. 

    Knowing your brief, correct facts, being bold and aware about what you present, are key points which come what may, would not shake the confidence no matter what. Being any sort of subjugation from the opposite sex, having the above mentioned points, would not let you digress from your end goal.

    As a litigator, you have represented clients in various forums and courts, including notable companies like M & R Furnishing (Apartment 9), Asian Paints, Mr. Shiv Khera Central, Government of India, Indian Railways etc. Could you share some experiences from your litigation practice and how you have successfully advocated for your clients’ interests?

    Running from one court to another, 1 DAY- different forums, different state courts, international matters, briefings, advisories, client calls, drafting’s, arguing, sleep and repeat is a summary of my experience of litigation.  

    I am very confident to say that I believe in obtaining a speedy redressal for my Clients which my track record till date (by god’s grace) has been at par with my thought process. Having an unblemished record of win and speedy redressal is something for which I am truly humbled and bow down to the almighty to bestow upon his kindness. 

    Throughout your career, you have received several professional qualifications and honors, such as winning the Best Research Paper Award and being a recipient of the Ram Jethmalani Academic Excellence Award. How have these accolades contributed to your growth as a legal professional?

    They have given me the boost to consider that I am on the right track and also the reinstatement of the thought that with hard work comes success.

    Based on your experiences and expertise, what advice would you give to fresh law graduates who are about to embark on their legal careers?

    Train/intern as much as you can. Do not waste law school years by sitting ideal and wasting vacations. Any vacations, joining an internship, online internship, virtual internships can be done even if we have difficulty in pursuing physical internships. 

    Only once you have experienced different types of law offices, you would have clarity as to what is the right profession for you when you leave law school. 

    Many a times, students do not train/intern much during law schools, and end up figuring for the first 1-3 years as to which place suits them best, is it a law office, law firm, chamber, judges chamber etc. so to avoid wasting 3 -5 crucial years of career post law school, my only advice would be this. 

    Could you provide us with an overview of the collaboration between ABA Law Office and R S Solomon LLC? What drove the two firms to sign a Memorandum of Understanding (MOU) and join forces?

    The collaboration is an understanding between group international law firms, to work together on matters which may come across each other’s way including advisory, drafting or vetting etc.

    I always had a vision for a global practice of my Law Firm. I have always since my law school ventured to international domains to present papers, understand cultures, built international contacts, and then pursued my masters from Singapore, which further gave me an excellent domain to further strengthen my international contact database. 

    With the said edge of having an international masters from Singapore my south east Asia connect with my colleagues became very strong and soon ABA Law Office started to become a one stop shop for client who wanted to set up companies in southeast Asia by having an Indian law office who could coordinate with various other law offices abroad and get the work done.

    India clients reposed trust in ABA Law Office and soon ABA Law Office developed a strong international practice of advisory, registering trade marks, opinions on IP, contract vetting etc. 

    In the same manner, R S Solomon LLC carrying the same vision was already in a group law firm collaboration with various other law firms across the globe. With the recent BCI notification of allowing foreign lawyers and law firms in India, I saw the same as a good opportunity to further strengthen my Firm’s international practice and with the same in mind, both law firms found synergies to further dwell and commit to. 

    Get in touch with Anushkaa Arora-

  • Engaging experienced tax attorneys is crucial to navigate the complex legal landscape effectively- Adarsh Somani, Partner at Economic Laws Practice

    Engaging experienced tax attorneys is crucial to navigate the complex legal landscape effectively- Adarsh Somani, Partner at Economic Laws Practice

    This interview has been published by  Priyanka Karwa and The SuperLawyer Team

    Can you tell us a bit about your journey and how you ended up pursuing a career in law, particularly specializing in taxation and related areas?

    I was born and raised in a family with a deep-rooted background in law and taxation. From a very young age, I was exposed to discussions about legal matters and the intricacies of tax law (though am not claiming that I particularly followed everything!). My father and some close relatives were established tax specialists, and their passion for their work naturally influenced my interests as I grew older.

     As I progressed through my education, I found myself naturally gravitating towards subjects that aligned with the legal and financial world. I was particularly drawn to the complexities of taxation and how it played a vital role in shaping economies and businesses. I realized that taxation was not just about numbers and calculations; it was a dynamic field with constantly evolving laws and regulations that had significant implications on individuals and organizations alike.

    After completing my legal education and obtaining the necessary qualifications, I ventured into the field of tax law, ready to take on the challenges that came with it. Over the years, I have had the privilege of assisting numerous clients with tax planning, tax controversy matters, and cross border taxation, among other areas.

     My journey in the field of law, particularly specializing in taxation, has been incredibly rewarding. I continue to be fascinated by the ever-changing tax landscape and remain dedicated to helping individuals and businesses navigate the complexities of tax law to achieve their financial goals while ensuring compliance with all relevant regulations.

     As I look back on my path, I feel grateful for the strong foundation laid by my family’s background in law and taxation, as it has shaped me into the professional I am today—one who is deeply committed to making a positive difference in the lives of those I serve.

    With almost 18 years of experience in tax law, could you share some pivotal moments or experiences that shaped your expertise and passion for this field?

    Over the course of my 18-year journey in tax law, I have encountered numerous pivotal moments & experiences that have profoundly helped my passion inch northwards for this field. Some of these moments include:

    1. Early Mentorship: Right from the guidance of my father in early stages of my career as well as in the early years of my career and support and push of my first few mentors at BMR Advisors (all seasoned tax attorney/ specialists) the expertise and passion were always enlarging. Their guidance, wisdom, and willingness to share their knowledge played a crucial role in my development as a tax professional. Witnessing their dedication to their clients and their mastery of complex tax matters inspired me to strive for excellence in my own practice.

    2. Challenging Tax Cases: Throughout my career, I encountered several highly complex and challenging tax cases that required innovative solutions. These cases pushed me to expand my knowledge, research skills, and critical thinking abilities. Successfully resolving these intricate tax issues gave me a sense of accomplishment and reinforced my passion for tax law.

     3. Staying Current with Tax Law Changes: Tax law is a constantly evolving landscape, with frequent changes to regulations and tax codes. Staying up-to-date with these developments has been a significant challenge, but it is also crucial for providing accurate and effective advice to clients. My commitment to ongoing education and continuous learning has been instrumental in maintaining my expertise in this dynamic field.

     4. Cross-Border Taxation: As businesses increasingly operate on a global scale, cross-border taxation has become my prominent area of focus. Handling these matters exposed me to the complexities of dealing with multiple jurisdictions, trade agreements and varying compliance requirements. These experiences broadened my perspective and enriched my understanding of the global tax landscape.

    5. Advocacy and Tax Reform: Throughout my career, I have been involved in advocating for changes in tax laws and regulations to benefit taxpayers and improve fairness in the system. Engaging in discussions with policymakers, participating in tax reform initiatives, and contributing to public discourse on tax-related matters allowed me to see the potential impact of legal professionals in shaping tax policy.

     6. Sharing Knowledge: As my career advanced, I found joy in sharing my expertise with aspiring tax professionals and clients alike. Conducting seminars, writing articles, and participating in panel discussions not only helped disseminate knowledge but also encouraged me to continuously refine my understanding of tax law.

    Each of these pivotal moments and experiences has contributed to my passion for tax law and my commitment to provide top-notch legal counsel to my clients. The ever-changing and intellectually stimulating nature of this field, combined with the ability to make a tangible difference in the lives of individuals and businesses, continues to fuel my enthusiasm for the work I do as a tax attorney.

    As a Tax Partner at Economic Laws Practice, you focus on GST, customs & trade, providing strategic transaction advisory and policy counsel. Could you shed some light on the scope and significance of these areas in the business landscape?

    ELP first of all has been blessing, more of a home coming I would say! A lawyer at a law firm, my first!.  Businesses as well as economy are all fueled by tax and trade policies. Navigating the complexities of these areas is vital for businesses to ensure tax efficiency, regulatory compliance, and a competitive edge in the global market. As a Tax Partner at Economic Laws Practice, my role involves assisting businesses in harnessing the opportunities and overcoming the challenges presented by these dynamic aspects of the Indian economy.

    You’ve advised multinational and domestic companies on tax-efficient value chains in business. What are some key principles or strategies businesses should keep in mind when aiming for tax efficiency?

    When aiming for tax efficiency in their value chains, businesses should consider several key principles and strategies to optimize their tax positions while remaining compliant with applicable tax laws. Some important principles and strategies to keep in mind include (i) Proper Entity Structure; (ii) Interplay of Customs and Transfer Pricing Compliances; (iii) Tax Treaty & Trade Agreement Utilization; (iv) Location of Intellectual Property; (v) Business Object Mapping, the most Optimum structure may not work for all businesses in view of its objectives!; (vi) Use of Tax Incentives and Exemptions; (vii) Serious credits to documentation; (viii) Flexibility for ever changing policy landscape; etc

    Also, such assignments would often involve engaging with experienced advisors & consultants on different subject matters as well as jurisdictions. The learning from these experiences can always prove to be  valuable.

    For any budding lawyer, it is important to note that while pursuing tax efficiency is a legitimate business goal, businesses must ensure that their tax strategies comply with the law and are not driven solely by aggressive tax avoidance practices, which may be subject to scrutiny and potential legal consequences. Striking the right balance between tax efficiency and compliance is crucial for the long-term success and reputation of any business.

    Indirect tax legislations can be complex and vary across different industries. What are some common challenges you encounter while advising clients, and how do you overcome them?

    Advising clients on indirect or other tax legislations presents challenges due to complexities and variations across industries. Common hurdles include interpreting ambiguous laws, staying updated with changing tax regulations, addressing cross-border transactions, and managing compliance burdens. Overcoming these challenges involves continuous research, industry-specific expertise, collaboration with subject matter experts, cautious interpretation of laws, and developing cost-effective solutions. Communication with non-tax professionals aids in ensuring client understanding. Additionally, creating robust compliance frameworks, automating processes, and representing clients in disputes or litigation contribute to providing effective advisory services.

    Tax litigations can be high-profile and challenging. How do you approach such cases, and what advice would you give to companies facing potential tax disputes?

    Approaching high-profile tax litigations requires a thorough understanding of the specific tax laws, industry intricacies, and potential implications. My strategy involves conducting in-depth research, consulting past precedents, and collaborating with experts to build a strong case. For companies facing potential tax disputes, my advice is to stay proactive by maintaining meticulous records, complying with regulations, and seeking professional advice early on. Engaging experienced tax attorneys is crucial to navigate the complex legal landscape effectively. Open communication with tax authorities, willingness to resolve disputes amicably, and a focus on compliance can help mitigate risks and achieve favorable outcomes.

     As a part of Business World’s elite 40 Under 40 Club of Young Law Achievers and being recognized by The Legal 500 Asia-Pacific, what personal qualities or professional attributes do you believe have contributed to your success in the legal field?

    As a member of Business World’s distinguished 40 Under 40 Club of Young Law Achievers and having earned recognition from The Legal 500 Asia-Pacific, my success in the legal field can be attributed to several personal qualities and professional attributes. Continuous learning, a proactive approach in gathering facts to build strong business acumen, effective problem-solving skills, and a commitment to innovation are some of the key factors that have contributed to my achievements. Moreover, maintaining personal integrity and cultivating professional networks and relationships have played pivotal roles in fostering credibility and growth.

    Additionally, I must acknowledge the invaluable support and contribution of my exceptional team & mentors, whose dedication and professionalism have been crucial to my personal success. Their commitment to excellence during business hours and camaraderie during social gatherings have been truly inspiring and rewarding.

     Needless to add that by embodying these personal qualities and professional attributes, I have been able to make a positive impact in the legal field, earn recognition from industry peers, and achieve success in my career as a tax specialist.

    Apart from your legal career, you also engage in speaking at tax & regulatory conventions and write articles for leading publications. How do these activities complement your professional work, and what drives you to share your knowledge in this way?

    Engaging in speaking at tax and regulatory conventions and writing articles for leading publications complements my legal career by allowing me to share my knowledge and insights with a broader audience. These activities serve as platforms to disseminate complex legal concepts in a more accessible manner, contributing to the professional development of peers, clients, and the wider community. The drive to share knowledge stems from a passion for empowering others with valuable information, fostering a culture of continuous learning, and making a positive impact in the legal and business domains. It also reinforces my commitment to staying at the forefront of industry trends and best practices.

    Many fresh law graduates aspire to have a successful career like yours. What advice would you give to them as they begin their journey into the legal profession, particularly those interested in taxation and related fields?

    Certain non-negotiable attributes for any aspiring lawyer include a strong focus on continuous learning, an earnest pursuit of mentorship, a willingness to embrace technological advancements, the development of impeccable communication skills, an unwavering work ethic, perseverance in navigating challenging circumstances, and a receptive attitude towards exploring diverse opportunities. These foundational qualities form the bedrock for a successful and rewarding career in the legal profession, enabling growth, adaptability, and the ability to excel in an ever-evolving legal landscape.

    Get in touch with Adarsh Somani-

  • Fostering a collaborative and productive work environment is important for keeping the teams motivated, interested and invested in their work, take ownership of the work and contribute positively to the firm- Akshat Pande, Partner and Head-Corporate Practice at Fox & Mandal Solicitors and Advocates

    Fostering a collaborative and productive work environment is important for keeping the teams motivated, interested and invested in their work, take ownership of the work and contribute positively to the firm- Akshat Pande, Partner and Head-Corporate Practice at Fox & Mandal Solicitors and Advocates

    This interview has been published by  Priyanka Karwa and The SuperLawyer Team

    Can you share with us your journey and how you ended up pursuing a career in law? What inspired you to choose this path?

    After completing School, I chose to appear for CS and CA foundation exams. Since CS foundation results are released before CA foundation results, I qualified and got through CS, although I had appeared for CA foundation also and passed both of them. While studying for CS exams, I got keenly interested in law as a subject. My curiosity for law increased and I would often find myself dedicating hours to reading law books and cases. I found it extremely interesting and intellectually fulfilling and fell in love with law. After completion of CS, I enrolled myself for LLB with Delhi University. I am a first-generation lawyer in my family and I thank my stars to have landed in a profession that I like.  

    With over 18 years of experience in corporate and commercial law, you must have encountered various challenges and rewarding moments. Can you share one of your most memorable cases or experiences in your legal career so far?

    Quoting a single example from work is difficult as there have been many instances which were challenging in the beginning and rewarding when I got done with them. One of the most profoundly rewarding experiences in my career was setting up Alpha Partners in 2012. As a first-generation lawyer, my passion for creating something extraordinary from scratch fuelled my drive. However, it also presented an immense challenge—bootstrapping a startup law firm. From its inception until our merger with Fox & Mandal, I continuously grappled with the hurdle of elevating the firm to the next level, hiring talent, and enhancing practice verticals in the firm with new partners. For first-generation lawyers like me, to scale law firms to the next level without any avenues to raise finances to fund talent acquisition has been the biggest challenge. 

    As the Partner and Head of the Corporate Practice at Fox & Mandal, Delhi, you lead a team of more than 10 lawyers. What strategies do you employ to foster a collaborative and productive work environment within your team?

    Fostering a collaborative and productive work environment is important for keeping the teams motivated, interested and invested in their work, take ownership of the work and contribute positively to the firm. Few basic tenets like effective communication, clear goals, trust and collaboration, rewarding and recognising good work, encouraging learning and performance evaluation are most important and should be kept in mind by any team leader. 

    In order to instill the above in young associates, I follow Dr. House’s methods. Every assignment or transaction is discussed threadbare with the full team working on it in a 1-2 hour session so that no aspect is left out to be discussed. Such sessions are not a monologue by me but everyone is supposed to give their inputs and ask questions. Sometimes, these sessions happen in two sittings if something has to be researched and then discussed. At the end of the session, each member of the team is given a particular aspect of the assignment to complete but the team is supposed to coordinate amongst themselves and not work in silos, such as drafting is done by someone, research by others, compliances by third etc. Each one is also given a deadline also. The Senior Associate involved in the assignment is supposed to supervise and check on the work so that it is done in a timely manner. Once this delegation is over, I step aside and let the team work on the assignment. Thereafter before the deadline, an update meeting is done and questions if any are answered. Final review of the deliverables is done in a joint meeting of the team.  

    I am of the firm view that delegation is extremely important to make a strong team of good corporate lawyers. If the lawyers are not given room, they will never grow professionally and that will affect the overall efficiency and performance of the firm. It also enables them to work as a team and collaborate with each other rather than against each other. I also make sure that in every assignment, the roles of the team members are reversed so that no monotony sets in and each lawyer is getting trained in each aspect.            

    Your areas of expertise include private equity, venture capital, M&A, joint ventures, and more. Could you highlight a particularly complex or intricate deal you’ve been involved in and explain how you navigated its challenges?

    There are many such instances where deals were particularly complicated and required structuring to achieve efficiency and commercial feasibility. Typically exits become complicated, especially when it is a strategic buyout of the company through which exit is being given to investors. A lot of interests need to be balanced. Once such deal involved around 20 institutional and individual investors who were getting shares in the acquirer’s entity and the investors were sitting in an externalised holdco structure. In other M&A transactions, exits or JVs that I have handled, more than legal issues, it is the balancing of the interests of various stakeholders which requires delicate handling. Also, in case of cross border joint ventures, it is extremely important to understand cultural differences and business practices of the partners who are coming together to form the joint venture as most issues arise because things are handled differently by people from different countries and neither one is incorrect.   

    You have extensive experience in assisting multinational companies doing business in India and the UAE/MENA region. What are some unique legal considerations or cultural aspects that companies need to be mindful of when operating in these diverse jurisdictions?

    UAE is an extremely interesting jurisdiction. I have been working closely with UAE firms and clients and the experience has been extremely enriching. UAE is not very different from India culturally because of the historic cultural and business ties as well as the fact that both the jurisdictions have been influenced by the British common law system. UAE has modernised itself in its systems, processes and government dealings and there is a huge emphasis on use of technology in every aspect of governance and in general life. UAE is welcoming investors both at entity and individual level and has all necessary elements of a modern and business friendly country with congenial living standards. 

    In your experience, what are the key factors that contribute to a successful commercial transaction or project? How do you ensure that all parties involved are aligned and satisfied with the outcomes?

    As a lawyer, it is my job to protect my client’s interest to the best possible extent and so are the counsels of the other side. I believe that if all parties involved are adequately represented by lawyers, the alignment and balancing is more or less achieved. It is imperative for all types of clients to be adequately represented in this present day and age when contracts and compliances are getting more complicated and intricate. Corporate lawyers are not merely “punctuation correctors” but play an extremely important and strategic role in transactions and ensuring that clients are legally compliant, which collectively contributes to better corporate discipline, governance and makes our government’s job easier to govern.   

    With a background in advising clients across various sectors, such as healthcare, hospitality, e-commerce, and technology, how do you stay up-to-date with the latest industry trends and legal developments that may impact your clients?

    Read, read and read more. There is no replacement for reading for lawyers and there is no other secret sauce. If in today’s time and age someone says that “I didn’t know” about something, that means she/he has not made an effort to read about it because information is freely available everywhere and you cannot have an excuse that something was not out there. 

    Other than reading, one should also be connected with relevant stakeholders, in-house lawyers, chartered accountants, CS’s and more importantly lawyers from other law firms and keep exchanging ideas, information and must have discussions on legal issues. In fact, I believe that corporate lawyers should make legal discussions part of their social lives so that nothing is missed out. Information monopolies have been broken down by the internet and now is the era of sharing more and more information rather than keeping it with oneself. 

    Throughout your career, you’ve been involved in assisting government organizations with real estate and infrastructure projects. What are some of the challenges and rewards that come with working on projects of such scale and importance?

    Working on government projects presents unique challenges and rewards. While the commercial compensation for lawyers may sometimes be limited and/or delayed, the experience is truly exhilarating.

    Typically the real estate and infrastructure projects that we have undertaken are large scale projects involving multiple legal, commercial and strategic issues. The tussle between remaining fair and just which is a requirement for government instrumentalities and at the same time ensure that the projects are commercially successful for them is something which needs intricate balancing. Also, the commercial expectations of the government from a particular project needs to be balanced against market realities.   

    As a prominent figure in the legal industry, you were recognized in the Forbes Legal Powerlist as one of the top 100 individual lawyers in 2022. What does this recognition mean to you, and how do you continue to strive for excellence in your profession?

    Any recognition is a validation for one’s hard work and receiving such accolades is humbling. At the same time, I guess every day is a new day of learning and one should endeavour that each day is better than the previous one. 

    Considering your diverse background in law and business, what advice would you give to fresh law graduates who are just starting their legal careers? What skills or qualities do you believe are essential for success in today’s legal landscape?

    I have few tips which may be relevant for fresh graduates:

    1. It’s not a job, it’s a profession. So treat it likewise and train yourself for that;
    2. Read, read and read. If reading makes you tired, you are in the wrong place;
    3. Have a problem solving attitude. Not creating, not fixing, but solving a problem is what is required.
    4. Go for post-graduation only when you have identified a particular area or areas of law in which you are confident you can work for long term;
    5. Do not depend on anyone else’s version of research, not articles, blogs, not even chatGPT. Find your own answers to a problem and don’t stop till you do or understand it entirely. Read, discuss, read, repeat. 
    6. Be very clear about how much money you want from your employer/firm. There is no market standard and your peers or consultants don’t decide what you get, you do. Remember, working for less is more important than asking more and not working. 
    7. Become a generalist but grab one area of expertise or industry or niche practice area and try becoming best in that. Prioritise this over money or any other alternate career options.
    8. Don’t take it too seriously if things don’t work out. Its OK not to be the best.   

    Finally, looking back on your journey and achievements, is there any specific piece of advice or life lesson that has had a profound impact on you, personally or professionally, that you’d like to share with our audience?

    Someone once told me “Be sincere, not serious’ ‘. I guess that was the most useful advice I got which I have used in my life.  

    Get in touch with Akshat Pande-

  • By doing my profession I feel a sense of happiness and boost my ego because when you win a case to make a good argument you are highly appreciated by the judge the client and sometimes by the opposing counsel-Dr. Aparrajitha Ariyadasa, Senior Partner, ATD Legal Associates

    By doing my profession I feel a sense of happiness and boost my ego because when you win a case to make a good argument you are highly appreciated by the judge the client and sometimes by the opposing counsel-Dr. Aparrajitha Ariyadasa, Senior Partner, ATD Legal Associates

    This interview has been published by  Priyanka Karwa and The SuperLawyer Team

    Dr. Aparrajitha Ariyadasa, what was the motivating factor in your life that pushed you to pursue law?

    I have a family reason because my role model the father was an interdisciplinary person who was a lawyer as well as a lecturer. He inspired me to be an interdisciplinary personalty if I wanted to be socially and financially stable. I saw the luxuries of my father and from the childhood, I wanted to become a law scientist. Therefore after my Advanced Level, I joined the science faculty and simultaneously, I joined law college and became a lawyer and a science graduate at the same time. Now I enjoy all the luxuries what my father wanted me to have because of my profession.

    What aspect of your profession makes you beam with pride on a day-to-day basis?

    By doing my profession I feel a sense of happiness and boost my ego because when you win a case to make a good argument you are highly appreciated by the judge the client and sometimes by the opposing counsel. Due to that appreciation, you get a lot of motivation about the profession. As a woman specifically in a male dominated society when you become, he spotlight, it will generate you confident and sometimes over confident., appreciation, motivation, and productivity. On top of that, when you walk in a society, a lady lawyer is highly recognised socially and politically. Being a reputed lawyer will lead you to get social invitations of different societies, social events and gain lot of respect from the society as a credible and a n honourable person.

    You have touched on various areas of law in your practice, Intellectual Property, Immigration Law, Competition Law, Criminal Justice etc. Which area of practice is the most preferred by you?

    I adore Intellectual Property Law and cyber law due to the very reason that both of them are inter disciplinary law subjects which involves together with Science and IT which are my other specialized subjects in my other degrees.

     Can you tell us your experience of getting through your obstacles and setting up ATD legal Associates?

    I TOOK MY OATHS AS A LAWYER IB 2000 AND THEN I JOINED TWO MULTI NATIONAL COMPANIES AND a government organization. I ended up as a Director legal in 2008, due to the very reason my husband was pressurizing me to resign as my daughter needs to be taken to school. With this conventional attitude, I had to find my way making everyone happy. I WANTED TO BALANCE MY FAMILY and the work. I had a decent amount of capital with me and therefore, I did not want to waste my time as a housewife. No sooner had I resigned, I planned to start a law firm and rented an apartment and collected the equipment needed. I was lucky that I had only one apprentice and I took the first step to my firm. I could manage my work and the family because I was my own boss. I expanded the employees and my legal services as I had exposure to multinational companies. At last, during the covid, I could link my firm to a number of countries. My main obstacle was my conventional husband and his grumbling about a working wife who gets late home which I could manage due to my patience. Second obstacle was that the anti-feminist discourses in the country. Men did not want to retain a lady lawyer for their cases. To prevent that, I partnered a male attorney for marketing and networking, and I was in the operation. Once the first consultation was done, male clients were highly impressed and with the time, the anti-feminist attitude in males were eliminated. By now its been 21 years of my practice by now and I do not face any problem of discrimination.

    How important do you think, protecting data privacy and taking appropriate actions pertaining to cyber security are for start-up companies?

    Data privacy of startups safeguards information from loss through backup and recovery. Data security needs specifically to measures taken to protect the integrity of the data itself against manipulation and malware. It provides defence from internal and external threats. Data privacy refers to controlling access to the data in startups.

    How in your opinion have IPR laws developed and transitioned over the years in Asia?

    Yes. But the management should be streamlined. Training should be given to Patent agents. Patent drafting and registrations need more experts.

    Being a full-time lawyer and also giving your valuable time as a visiting lecturer, how do you manage to achieve a perfect equilibrium when it comes to work-life balance?

    I am my own boss. I manage my flexible times without disturbing kids and the family I play by the ear.

     Having extensive work experience across several countries in Asia, how do you think budding law graduates can pursue an international career in Law?

    They have massive opportunities if they specialize several areas such as IP, Cyber Law and data privacy.

    As the Senior Partner of ATD Legal Associates can you tell our curious readers how an average work day would be at your firm?

    8 hours

    What are the qualities you would look for in interns and new job applicants if they should apply to work at ATD Legal Associates?

    Preciseness, self-motivated, research oriented and punctuality

    What would be your words of advice for young lawyers who aim to set a career in corporate law?

    Know your law. Learn your law, further learn it until you die.

  • I believe, the practice of law is very deep rooted with our society and social leanings and learnings- Adeel Ahmed, Advocate-On-Record at Supreme Court of India

    I believe, the practice of law is very deep rooted with our society and social leanings and learnings- Adeel Ahmed, Advocate-On-Record at Supreme Court of India

    This interview has been published by  Priyanka Karwa and The SuperLawyer Team

    Can you share with us how you became interested in pursuing a career in law and what motivated you to specialize in litigation?

    From my childhood itself, i have looked up to lawyers and the way they represent the destitute and the needy. that they are the Voice for the Voiceless, and it always intrigued me to see the process of Justice being administered in various Courts of law. I was always interested in various aspects of Law, and later on, during my studies of Political Sciences and law, i became more passionate about the same. 

    As a qualified lawyer and legal practitioner, you’ve had the opportunity to represent litigants in various courts and tribunals, including the Supreme Court of India. Could you tell us about one of your most challenging or significant cases and the impact it had?

    Every case is a challenge and is a frontier to test new boundaries and arenas of law. But some of the most perplexing of  cases have been the Public Interest Litigations with which I have been involved on ‘hate-speech’, CAA-NRC, Foreigners detention Laws, Conversion cases, Hijab ban, et al. These have been cases where not only the matter is to be handled inside Court, but also the challenge lies in containing various aspects of the case, outside the Court as well, in that dealing with public anxiety and conscience has definitely been a most daunting and uphill task

    Your expertise spans across a wide range of legal areas, such as corporate and commercial matters, taxation, real estate, family laws, women’s rights, intellectual property, and more. How do you manage to stay updated and proficient in such diverse fields?

    I’ve been an avid reader, and I try to stay updated with various legal events. Not only do Journal and Reports provide you various insights, but the fact that they are available on a digital platform, makes it easier to learn the nuances of the trade. Moreover, if your a patient listener, many a times, it’s the Client which gives you keen insight into the case.

    In addition to your litigation practice, you also work as a legal consultant to the Indian Statistical Institute, Delhi Center. Could you share some insights into your role and the type of legal issues you handle in that capacity?

    It’s been a privilege being associated with  Indian Statistical Institute, Delhi Center. It has led to a more fulfilling experience in terms of diverse kinds of legal problems with which the Institute has had to grapple with including for that matter it being an Institute of academic importance. Vetting Contracts involving international grants and funding can be a tricky piece of legal advice where you do not want the Institute to suffer, and at the same time, maintain an amiable atmosphere for academicians and staff.

    You have been empanelled with various state governments and government bodies, including the State of West Bengal and the High Court of West Bengal. How did you establish these professional relationships, and what are some key responsibilities that come with being empanelled?

    I have had the fortune of being associated with a Chamber cum office of the Late G.S. Chatterjee, and subsequently, Mr. Raja Chatterjee, who’ve been always represented and worked with and for these and other numerous States, and Bodies thereunder. It is indeed challenging to defend Government Policy, and stance, particularly, like that of West Bengal, which could be at a difference with the Center. But then such is the beauty of the Federation that we are, and such are the peculiar workings of the great Nation that we are part of.

    As a representative for public sector units (PSUs) like GAIL and NAFED, you have experience in arbitration matters and representing clients before specialized bodies like the Debt Recovery Tribunal (DRT) and the Debt Recovery Appellate Tribunal (DRAT). Could you discuss some of the unique challenges and strategies involved in these types of cases?

    The DRT and DRAT are the protectorate of “public money”. And if you are a defaulter the noose tightens. But yes, if you can explore alternative ways to resolve disputes, and be creative in seeking redressals, both sides stand to gain. 

    Apart from your professional work, you have also dedicated your time to social causes and volunteered for various social organizations. How do you balance your legal practice with your commitment to these important causes, and how do they complement each other?

    I believe, the practice of law is very deep rooted with our society and social leanings and learnings. During my college days, I was a peer-ed with NAZ Foundation, and was trained as an educator to educate fellow friends and students on HIV and AIDS. By being associated with such concerns, it has given my practice a social side which helps me better understand various social issues and their implications.  

    Finally, based on your vast experience and knowledge, what advice would you give to fresh law graduates who are about to embark on their legal careers? Are there any particular skills or areas of focus you would recommend they develop to succeed in the field?

    Keep your Mind Open ! You probably learned something today, but that doesn’t mean you cannot learn better, or rather unlearn tomorrow. Decide if possible which area of law you wish to pursue, and then start taking measures to achieve that by equipping yourself with the skills required. It’s these ripples which cause waves later on ! 

    Get in touch with Adeel Ahmed-

  • One of the key aspects in arbitrations is to read and decipher the terms of the contract-Abhay Itagi, Partner at MV Kini Law Firm

    One of the key aspects in arbitrations is to read and decipher the terms of the contract-Abhay Itagi, Partner at MV Kini Law Firm

    This interview has been published by  Priyanka Karwa and The SuperLawyer Team

    Can you tell us about your journey and how you ended up pursuing a career in law, particularly  in litigation and arbitration? 

    Being born to a leading lawyer in a tier-2 city, the choice was clear with limited options to  embark and explore. My interest in litigation developed in law school, primarily by participation  in Moot Courts, while I took interest in arbitration in my 5th year of law school.  

    You have experience as lead counsel in domestic and international ad hoc arbitrations. Could  you share with us a notable case or experience from your arbitration practice that was particularly  challenging or memorable? 

    Arbitrations are born out of commercial contracts. One of the key aspects in arbitrations is to  read and decipher the terms of the contract. The more prudent reading of the contract is expected  to prevail. Recently, we successfully defended a claim of damages of Rs.350 crores against our  Client POSCO-Steel. The terms of the contract appeared to be skewed but on threadbare reading  the reciprocal obligations were found to be not fully filled. As a lawyer, every case is challenging  and an add-on to one’s memory and of course makes the journey memorable.  

    As part of your role, you draft various legal documents such as pleadings, written submissions,  and petitions. What are some key considerations you keep in mind when preparing these  documents for arbitration cases or other litigation matters? 

    Every lawyer enjoys freedom to present the case. Speaking for myself, I prefer to keep my  pleadings to the material facts and not dump voluminous bald statements or documents. Material  facts are to be carved out by marshalling the facts, as presented by the Client. One of the cardinal  principles that I follow is to not plead the law in the pleadings. Secondly, it is of paramount  importance to not suppress the facts or documents even if they are not in favour of your client.  Lastly, ensure that the client has disclosed all the facts without any judgment of relevance on such  facts. 

    You have appeared before various tribunals and courts, including the National Company Law  Tribunal, Bombay High Court, and National Green Tribunal. How do these appearances differ in  terms of the skills and strategies required? 

    The fundamental difference between different fora is the law under which a person  approaches. One of the aspects that I found was the lingo, language and communication to be  different. The fora that you mentioned, in ordinary course, do not conduct full-fledged trials but are  summary proceedings, so in that sense these fora are different from civil or commercial courts.  Secondly, the time available to a lawyer to present his case in these fora is limited as compared to  trial courts, therefore, precision is key. As a matter of skill and strategy, the stage of recording of 

    evidence is absent in these fora and the matters argued and decided on the basis of facts, as  presented and the documents that are relied upon.  

    In addition to your contentious work, you also have experience in non-contentious matters  such as providing strategy advisory and legal opinions. How does your approach differ when  working on non-contentious matters compared to litigation and arbitration? 

    Non-contentious matters are not limited to advisories and opinions, it can include drafting of  agreements, liasoning and compliance with regulatory authorities. The approach while drafting a  strategy or an opinion, the primary focus is on the business of the client and to the extent possible,  avoid potential litigation or non-compliance. Whereas, in arbitration the focus is on the claims  already raised either to seek or defend depending upon which side one represents.  

    During your time at Reliance ADA Group, you were involved in strategic planning of litigation  matters across the group’s businesses. Could you share an example of how you approached  strategic planning and mitigating legal risks for a complex business case? 

    Litigations are planned sounds like cases are filed with malice, which is incorrect. Secondly,  I was one of the juniors in the team of the General Counsel, and as a junior your role is to follow  the orders. But I must say that I did get opportunities to be part of the team engaged in drafting  Share Purchase Agreements, Shareholder’s Agreement. The exercise was to modify the corporate  structure in compliance with regulatory requirements. One such work which I found interesting  was to draft an Agreement of Sale for a yacht, for which I was exposed to a completely new  regulatory and review Charter Agreements.  

    You’ve also worked as Counsel for Tata Consultancy Services in New York, primarily  focusing on contract negotiation and drafting. What are some key challenges or considerations that  arise when dealing with IT contracts, IT infrastructure, and BPO contracts? 

    IT contracts revolve around a variety of intellectual property and intellectual property rights (IPR). The challenge is always to ensure assignment of IPR that may be required and to put or  negotiate a value. The second aspect is flexibility in licensing. The software is made available on  license basis and to ascertain the limitations on the usage of the software under the license. During  my time, the concept of SaaS i.e. software as a service was developing, but back to back service  level agreements would provide uptime and backups in case of a glitch. Therefore, clauses in  respect of indemnity and liability had to be drafted carefully.  

    As a foreign associate at Translegal LLP in Washington DC, you advised U.S. clients on  investments in India and provided opinions on multinational business transactions. What were some of the unique challenges or cultural differences you encountered while working with  international clients and navigating cross-border transactions? 

    I took up the engagement right out of college to understand and acclimatize the nature of  transactions between business entities in India and the USA. One of the aspects that I observed was that the decision making process is completely different. US businesses go back to the drawing board  only in case of a deviation or an addition, whereas Indian businesses go back to seek approval.  When the transactions are both inbound and outbound, the time spent on the decision making  process becomes vital.  

    With your educational background in litigation and international dispute resolution, how have  your studies influenced your approach to resolving disputes and handling international cases? 

    The fundamental qualification of LL.B is the only requirement whether you are a lawyer or  judge of the Apex Court. The other qualifications are only to accentuate one’s understanding of  law or out of academic interest. Fortunately, for me, I pursued my post-graduate studies with  emphasis particularly on litigation and international dispute resolution. During my LL.M, I got an  opportunity to work as an intern on a case involving a ship that was registered in the Cayman  Islands, fitted with a German engine that got spoiled during its voyage in Norway, and had a Chinese crew. The ship was insured by a US Company. I can only say this to convey the complexity of  various entities. But as a student, I could observe how the approach to a dispute varies depending on the party making the claim.  

    Lastly, based on your extensive experience in the legal field, what advice would you give to  fresh law graduates who are starting their careers or considering a specialization in litigation and  arbitration? 

    I don’t claim expertise in my field except to continue to remain a student. My suggestion to  my friends is that the key to flourish is to read. When I say read, I mean books that may or may not be  related to law. During my consistent interaction with current law students, one of the dangerous  trends that has crept in is to read and borrow mostly incorrect information from substandard books.  This practice has to be curbed. Another aspect is to always, as much as possible, be aware of the  developments that are taking place at the local and the policy level and form opinions and debate. 

    Get in touch with Abhay Itagi-

  • The practitioner must give a candid and honest opinion to the best of his ability and also let the client know the probable results of anticipated or ongoing Litigation- Rahul Krishna, Advocate on Record at Supreme Court of India

    The practitioner must give a candid and honest opinion to the best of his ability and also let the client know the probable results of anticipated or ongoing Litigation- Rahul Krishna, Advocate on Record at Supreme Court of India

    This interview has been published by  Priyanka Karwa and The SuperLawyer Team

    Can you tell us about your journey and how you ended up practicing law, particularly in the areas of indirect tax cases, company law, intellectual property rights, and the Anti-Money Laundering Act?

    I gravitated towards law as a career because I felt practicing law gives you an opportunity to articulate yourself and is an intellectual challenge. Our professors back in college (Faculty of Law, Delhi University), while taking lectures and discussing case laws, would often take us to the stories of courtroom duels. Being a First Generation lawyer, I had very little exposure to the field of law. However, hearing about the Legal Luminaries and their art of advocacy fascinated me a lot. While pursuing LL.B from Law Faculty at Delhi University, the stories of its stalwart alumni further pushed me towards Litigation. I guess that’s how I ended up practicing law after my LL.B. Being a legal practitioner, in the initial years of your practice may not be monetarily rewarding, but as that is taken care of as you grow in practice, additionally, the social recognition that comes with experience is a reward in itself.

    The chamber I joined after graduation majorly had matters pertaining to Indirect Taxes and Financial Crimes. What attracted me the most about tax Statutes is that it touches practically everything and their dynamic nature. Benjamin Franklin famously said, “In this world, nothing can be said to be certain except death and taxes.”  Since Tax touches almost everything and everyone, Tax law is equally important for individuals, small businesses, MSMEs, or big enterprises. That widens the scope of practitioners of Tax law to practice before different forums for a variety of clients.

    Much is the same for corporate law, IPR, and Anti Money laundering. India, post-liberalization, has witnessed massive growth. The growing economy and greater integration with the world economy have necessitated laws to be in sync with international standards. Thus we have seen overhauls in Company law, Competition laws, the introduction of stringent Anti Money Laundering guidelines for financial/reporting entities, and an overhaul of IPR laws such as copyright, Patents, etc. Such changes have also created the need for specialist legal counsel. 

    You have extensive experience practicing before judicial and quasi-judicial authorities. Could you share some notable cases or experiences that have shaped your career as an advocate?

    The last quarter decade has seen tremendous growth in the role of Administrative Law and Quasi-judicial bodies. The Tribunalisation has opened a great many avenues for legal practitioners. Soon after I joined the Profession, I started in tribunals and before the administrative adjudicating authorities. In Tribunals, we have both Judicial Members (who are mostly Retired judges or legal practitioners) and Technical Members (those retired from Governmental departments and are no longer attached to the Government). The challenge before the Departmental adjudicating authority is that they are the serving officers of the Department itself. This raises the issue of Official Bias, which appears to be one of the biggest challenges in the adjudication process. In one of my cases, objections were raised by the Governmental Audit department with respect to the benefit of duty exemption on manufactured goods. The client had availed the said exemption, which was based on the Department’s own Notification. At the pre-Show Cause Notice Consultation stage, we furnished the authorities, precedents, and genesis of the exemption notification and the concerned law. Despite having precedents in our favor, our contentions were dismissed, and the Department went on to issue the SCN. The Original adjudicating Authority also held against us, confirming the demand. However, in a concise judgment, the Tribunal upheld our contentions and ruled in our favor. The entire process took a little over five years. That not only increased the cost of business for the client but also blocked a part of his working capital. 

    The case being adjudicated by the serving officers is a phenomenon not unique to the law related to Taxation but also pervades other statutes. Take, for example, “The Prevention of Money Laundering Act 2002 (PMLA)”; the Director of the Financial Intelligence Unit- India has the power to issue the Show Cause Notice to the Reporting entities. The Director heads the investigation and adjudicates the SCN, which is the culmination of his own investigation. The cardinal principle that no one should be a judge in his own case goes for a toss. Even in the new Goods and Service Tax Act (GST Act), as in the erstwhile Central Excise Act, the adjudication proceeding is carried by the departmental officers depending upon monetary limits, and they discharge functions in the capacity of quasi-judicial officers.

    Therefore, in the context of administrative adjudication, client counselling assumes great importance. The practitioner must give a candid and honest opinion to the best of his ability and also let the client know the probable results of anticipated or ongoing Litigation. This may help the client to decide the future course of action and be prepared for any adverse situation.

    As an Advocate on Record before the Supreme Court of India, what are the key responsibilities and challenges you face in this role?

    Practicing before the Apex court of a country is a matter of great honor and pride. But practitioners have to be mindful of the fact that they are pleading and arguing before, and sometimes against, some of the best legal minds in the country. Therefore once a year, the Supreme Court conducts an examination before enrolling an Advocate as an AOR. The examination, in addition to testing the legal understanding of the candidate, also ensures that the candidate is well-versed with the Court’s rules, practices, and procedures. But for me, the most significant duty of an advocate on record is Professional Ethics. The Apex court has frowned and has shown its discontentment with AORs who just lent their names to the pleadings without studying and verifying the same. Recently the Hon’ble Court raised concern over the indiscipline of AoRs who had filed pleadings in which derogatory remark was made about a High Court judge. Since an AOR is accountable for pleadings filed in the Apex court, he is expected to perform all due diligence. I, for example, make sure that I read every word of the draft and that the pleadings are concise and to the point. The synopsis filed along with pleadings should never be extravagant or too voluminous. Using simple language and sequential structuring of the facts and law are the main pillars of good drafting. One has to be mindful that in Fresh matters before the Supreme Court, 90 percent of the chances of getting notice issued are based on the pleadings alone. 

    Intellectual Property Rights seem to be an area of particular interest for you. How did your interest in this field develop, and how do you assist your clients in securing their intellectual property rights?

    IPR has attracted me since the days of my college. The fact that something as trivial as a Pen, an object of our daily usage, has an IP history going back more than 100 years is truly astonishing. The case laws we studied during our college days, exposed me to the novel arguments raised in the context of IPR, which were very unlike those raised in other traditional subjects.

    In fact, the first case I handled independently before the Delhi High Court dealt with the issue of Trademark infringement concerning the exhaustion of rights in parallel import cases. While researching the case, I went through several journals and articles. I specifically remember the one article written by Late Prof Shamnad Basheer, in which he examined the ambiguities in the law regarding the exhaustion of rights and Trademark infringement. These articles and case laws helped me realize the potential of issues concerning Intellectual Property Rights. Another aspect of intellectual Property that attracted me the most was the ethical aspect. The balancing of monopolistic rights and free and fair use of Intellectual Property in the face of rapid technological development is another area to watch out for.

    As for my clients, especially start-ups and freelancers, my first line of questioning is about the protection of their Intellectual Property. There are many reasons why it should be done. A simple Google search will give you a number of reasons for protecting your IP rights. 

    You mentioned your dissertation coursework on “Sports and its Interaction with the Antitrust Law.” Can you elaborate on this topic and explain the connection between sports and antitrust law?

    The origin of sports was exclusively a social phenomenon. With the increasing dominance of economics in the sporting arena, conflict with the law was only natural. One such apparent conflict we have seen the world over is the conflict between sports and antitrust laws.

    Take, for example, Sporting Bodies/Federations. We have the ruling from the Competition Commission of India that the Sporting federations are Dominant entities in terms of Section 4 of the Competition Act, 2002. Therefore the question that comes to mind is whether the restrictions or the interference with the right of staff and players to carry on their Profession will amount to ‘Abuse of their dominant position.’ 

    Since these federations enjoy power under the pyramid structure of sports governance, it gives a practical monopoly to them. However, these sports federations are unique in the sense that they are the sole players in the market and have no competition from any other quarter. One of my arguments was the concept of ‘Position of strength’ as envisaged in the definition; will it necessarily need to have another existing competitor in the market, or is it sufficient to cover a single entity in the market?

    There are other hosts of issues such as broadcasting and merchandising rights, ownership and acquisition of player’s contracts by franchises, illegal cartel behavior and collusion between sporting Franchises, anti-bidding behavior between the sporting clubs, etc. 

    We have authorities from foreign jurisdictions concerning anti-competitive practices in sports, which are almost close to 100 years old. The Competition Commission of India has also caught up with the anti-competitive activities in Sports, but there is a host of issues with sports that we may see ripening into dispute in times to come. 

    Apart from your professional endeavors, you also mentioned your interest in sports. How has your involvement in sports influenced your career as an advocate, and what lessons have you learned from it?

    I am a sports enthusiast. I like spending time on the field playing sports. I have played cricket for my school and college teams. Over the period of time as a practicing advocate, I have realized the importance of fitness and a sports-ready mind. Starting point for any good practitioner of law, like any other profession, has to be a fit mental and physical setup. Sports bring a sense of discipline, instill perseverance and resilience in a person, and teach about dealing with uncertainties in life. To that extent, sports resemble the Profession of advocacy where irrespective of the intensive preparation, on a given day; it may or may not work out for you. Even if a day doesn’t work for you, given you have a good mental and physical setup, it’s relatively easier to bounce back and be better prepared next time. 

    Could you share some insights into your role as a partner at LexAlly Advisory LLP? What motivated you to establish the firm, and what kind of Litigation and consultancy support do you provide to your clients?

    We co-founded LexAlly Advisory LLP in 2015 with a vision to bring within its umbrella both the Litigation and the Advisory/consultancy part. The law firm was essentially set up, realizing the fact that it gives me more freedom and control over my working ecosystem. We started modestly and are trying to find our way. But it gives me immense satisfaction that besides the litigation work, we have been able to advise our clients in their day-to-day legal matters. What gives us greater satisfaction is the fact of dealing with new-age entrepreneurs who are coming out with all kinds of novel issues in their business. In a short period of time, we have advised our clients on issues such as business transfer/slump sale agreements, Taxation, IPR protection, general contract management, privacy policy, etc. With a rapidly changing legal landscape, we also try to keep ourselves updated with respect to the newer business models and potential legal complications with such business models. There may be challenges of great proportion running your own shop, but it also gives you that extra independence and flexibility to deal with any legal problem, and the satisfaction that comes after a good job is a reward in itself.

    As someone with experience in providing legal consultancy to business corporations and start-ups, what are some common legal compliance issues that companies face, and how do you assist them in navigating these challenges?

    Issues with the start-ups are basically domain related. For example, an App developer may face the issues of privacy policy and data protection. Another issue may be with respect to managing the IPRs related to the source code and object code of its application. And it’s a possibility that the owner of the App or IT Programme may not be the original author of such codes. Similarly, those working on disruptive technologies may need assistance in dealing with a host of issues such as IPR, Competition law, etc. The traditional business models need assistance with respect to advisory on issues of Taxation, dealing with administrative authorities, compliances under Company law, etc. Our primary goal is to guide them, provide consultancy to such entities or individuals, and avoid possible conflicts. 

    Having practiced law for over a decade, what advice would you give to fresh graduates who are considering a career in the legal Profession? What key lessons have you learned throughout your journey that you believe would be valuable for them to know?

    Over time, I have realized that the work of a legal professional requires an analytical and objective thought process. It doesn’t matter whether he/she is working as a corporate counsel, working in a law firm, or having an independent practice. For those wanting to enter the arena of Litigation, patience and perseverance are the most essential tools. Withstanding criticism and maintaining the dignity of the Court is essential. For any new entrant in the Profession of advocacy, it is also essential to listen to those who have years of experience. I recall an interesting precept that I received early in my career. While I was arguing a case, the opposite counsel started interjecting me in a loud and unsavoury tone. Naturally, I got agitated and wandered off from the line of my argument. When the matter got over, a senior Bar member sitting in the courtroom very briefly counselled me, asking me to control my reactions, maintain composure, and give due respect to the Bench. These virtues are non-negotiable for advocates. The decorum of the Court must never be disturbed. That left an indelible mark on me. 

    A legal Practitioner shall always have the insight to learn and unlearn. There will come many occasions for a practicing advocate who might not get direct counselling or words of wisdom, but just by observing the legal ecosystem and watching court proceedings,  one can learn so much. In the world of advocacy, experience is the best teacher.

    Is there anything else you would like to share with our audience, or any final thoughts or advice you would like to leave them with?

    My only advice to young advocates wanting to make a career in law is to always be thoroughly prepared. Only enter any courtroom or client counselling with thorough preparation of facts and law. Becoming a law expert may just not be enough, but keeping oneself updated with General Knowledge and current affairs is also important, as it goes a long way in developing the intellectual understanding of a legal practitioner.

    Get in touch with Rahul Krishna-