Super Lawyer

Author: SuperLawyerTeam

  • Binoy Parikh- part of Katalyst Advisors, a boutique structuring & advisory firm focussing on Mergers and Acquisitions

    Binoy Parikh- part of Katalyst Advisors, a boutique structuring & advisory firm focussing on Mergers and Acquisitions

    This interview has been published by Tanmaya Sharma. The Interview was taken by The SuperLawyer Team.

    How tough was pursuing C.A. with additional professional degrees like B. Com & LL.B.?

    There are two parts to any academic journey, especially when it involves an extremely practical/on the ground kind of qualification such as pursuing CA – first is the academic or theoretical knowledge itself, which is not as tough as one would perceive since many concepts would overlap with B.Com and LLB. If the fundamentals of various topics are clear (at Foundation/Intermediate level), then the theoretical knowledge is relatively comfortable to maneuver.  

    However, the second one, which is more important and will result in long-lasting benefits is the “Articleship”. I started working when I was 17 and worked effectively, in three shifts – from 9 am to 11 am, in M&A/Corporate Tax Litigation, thereafter from 11 am to 6 pm in Audit and again from 6 pm to 9 pm in M&A/Corporate Tax Litigation. Of course, given the time commitment, one has to prioritize a lot and that does create additional pressure while pursuing other degrees. However, to manage the time and overall pressure, one does have to commit to a particular mission, and while on that the time management associated with it. 

    Many students feel that tax litigation is hard to follow, but the same amused you. How can corporate tax be learned in a fun way?

    My stint with corporate tax litigation was during my Articleship/Internship period – in this context, I was new to the field and found the concept of litigation fascinating since it tests the technical prowess of corporates (and their advisors) on one hand, and the might of the Income-tax authorities on the other. Further, complex issues involving corporate restructuring, interpretation of a particular exemption/deduction, etc. would have required in-depth planning and analysis before taking such a position in the return of income, and therefore, the fascination lies in the fact that one would have to defend such a position during litigation, which would have been analysed thoroughly in the past. To me, the learning and the associated fascination comes from the fact that each position or stand is not taken on a stand alone basis, but after considering the previous stands, impact on the future financials of the company involved, interaction and interconnectedness with other regulatory laws (such as corporate law, securities law, FEMA, IndAS, etc.) and therefore, to understand a particular issue under litigation is to again understand that entire gamut of analysis undertaken in hindsight, and what could have been done at that time so that the litigation scenario could have been obviated.

    Binoy Parikh

    Would you like to share your experience of any M&A transaction that shaped your career?

    Initially, I had started my career with KPMG Mumbai in their M&A Team at the age of 20. Then when a part of the team transitioned to PwC Mumbai, I got an opportunity to directly work with the India M&A Head of PwC at the age of 22. And it was at that time, I was handed the responsibility of conceptualising and executing the merger of Cairn India with Vedanta in a $2.9 Bn all-share swap deal. The concept itself dealt with a gamut of laws and regulations owing to a complex ownership structure – tax, corporate law, FEMA, securities law, stamp duty, etc. At that time, IndAS was just taking shape, and we had to figure out the overall impact of IndAS on standalone as well as consolidated financial statements of Vedanta, and without any specific guidance, it was a challenge to apply IndAS 103 and IndAS 110, dealing with business combinations and consolidation/control assessment. Dovetailing and interconnecting all the laws was a task in itself at a conceptual level. 

    In addition to that, corporate India was transitioning from a High Court based jurisdiction to a National Company Law Tribunal based jurisdiction. So, from an execution perspective, we had to unlearn the old procedures, re-learn the new ones, and then present to the NCLT the merits of our case, which was one of the first few to be sanctioned by the NCLT post its formation. 

    I think the key takeaway from this is that the tax and regulatory landscape in India are ever-evolving and one cannot work in a static environment. And I have learnt to rely on my fundamentals while applying the fundamentals to the constantly changing dynamics in the M&A landscape.

    You are a part of “Katalyst Advisors” (Mumbai), a boutique firm focusing on Mergers & Acquisitions. How has the journey been so far?

    The journey has been fantastic so far, to answer in one line. 

    To elaborate – when I joined Katalyst Advisors since its inception, our vision has always been to be a boutique firm, focussing only on M&A and related aspects, and with a limited team so that we can do justice to the matters at hand, especially when it involves complex commercial, regulatory and tax matters. 

    Today, in the era of “accumulation”, quality has been overwhelmed by the quantity, and therefore, our vision, since its inception 4-5 years back, has been to focus only on the quality of our advice, rather than the quantity or volume of clients. This has worked well for us as we have worked on some major deals in the last couple of years – major family separation of the TVS Group, divestment of Eureka Forbes by Advent International, acquisition of Thyrocare by PharmEasy, private InvIT structure between Singapore based GIC and IRB Infra, major fundraising-related structure for the Shapoorji Pallonji Group, etc. This has added a lot of value to our learning in addition to us providing value addition to the client. 

    Apart from the client work, the notion of building a firm right from the beginning – designing the website, newsletter, etc. has excited me a lot and has given me immense satisfaction as compared to my previous endeavours.

    How challenging has it been maintaining a work-life balance in this era of Work from Home?

    Well, we have been partially working from the office since June 2020 after the first complete lockdown – however, I must say that, as an M&A professional, the focus of clients on consummating any deal has increased, and in the last 1 year, as I mentioned, we managed to close three major deals – the TVS Family restructuring (a $7 Bn family separation), acquisition of Thyrocare by PharmEasy and acquisition of Eureka Forbes by Advent International, and therefore, the work pressure has certainly increased. Of course, with high stakes involved, the concept of 9 am to 6 pm workday, or Monday to Friday working week is not obliterated, but at the same time, I have consciously managed to take some time out to maintain my physical and mental health (through regular meditation and cardio), and the hobbies that I love (for example, playing the Tabla), given that in the times of such uncertainties and limited social interaction if one focuses on being mentally and physically fit, one has won half the battle. 

    I look forward to taking some mask-less vacations soon, but till then, the personal health regime that I have managed to maintain has helped me a lot over the last 15-20 months to cope up, and, be more effective at my work.

    What is your current role? Could you walk us through how a normal day looks like in your life?  

    I am into Mergers & Acquisitions at Katalyst Advisors presently. I handle promoter-related issues, such as family settlements, succession planning, pre-IPO planning, etc. corporate restructuring and deal/ transaction advisory related issues, certain specific regulatory-related and corporate/ international tax-related issues and deal with a whole host of laws such as income-tax, FEMA (outbound/ inbound/ debt investment advisory), securities’ law (LODR, ICDR, Takeover Code, AIF/ InVITs/ REITs/ etc.), corporate law, stamp duty, IndAS, competition law, etc.

    In this context, given that we deal with very interesting issues, involving interaction with a lot of tax and regulatory laws, a “normal” day differs from day to day, but largely, it involves conceptualisation of deals, which involves various laws mentioned above, and coming up with innovative ideas to achieve the commercial objective of the client, while keeping in mind the tax and regulatory fetters. Conceptualization becomes all the more challenging and interesting, if it involves listed entities or non-resident parties, etc. 

    From an execution perspective, given that any M&A deal would most likely have in place a Share Purchase/Subscription Agreement, Shareholders’ Agreement, Non-competes, etc. and if it involves a merger/ demerger, then the entire NCLT approval process in place for approval of a Scheme of Arrangement, it requires a thorough understanding of the commercial objectives of the client, and ensuring that the same is reflected in various transaction documents, as well as ensure that the regulatory approvals (NCLT/ RD/ RoC/ OL, etc.) come through based on the definitive agreement.  

    As a result, a “normal” day would involve interacting through meetings and calls with the clients, lawyers, valuers, regulators, etc., preparing decks, notes and emails capturing our advice, following through with the above to get our idea to the client, and finally negotiating and closing the deal with the other parties/ regulators to see the deal seeing the light of day!

    You have authored several articles in relation to the M&A field, rendered several seminars, and co-authored “Impact of GAAR on Holding Structures” published in Compendium of GAAR published by the Bombay Chartered Accountants Society. How important is it to publish legal articles for law students fundraising-related in their career?

    One needs to write articles. There are several reasons for this – firstly, providing an output in a limited number of words requires a combination of thorough research, understanding the issue at hand in-depth, and then paring out the “noise” to articulate in the best possible manner so that your readers understand the core issues. Therefore, writing articles not only help in the technical knowledge getting sharpened (through research) but also the articulation skills getting honed depending on the platform where one is publishing – for example, on a technical platform, one may want to discuss more intricate technical issues, while on a general platform (such as financial dailies), one may want to translate the technical issues into more commercial ones for a wider reach.

    Binoy Parikh

    As you are an expert on Mergers and Acquisitions transactions, would you like to advise anything specific to the like-minded aspirants?

    If one likes the M&A/deals space, then one needs to understand, in detail and thoroughly, the entire gamut of tax and regulatory laws, as mentioned previously. Once the fundamentals are cleared, one can easily traverse through the constantly changing tax and regulatory environment – however, if fundamentals are not clear, then one would be lost in a cyclone of the dynamic environment. In addition, and equally important, is for one to research the commercial aspects of a deal – what was the rationale of a particular deal, what were the valuation parameters, are there similar deals taking place in the same space, was it a distressed or a voluntary deal, what would be the impact on the overall group business as a result of the deal, what would be the impact on the promoters, etc. As I mentioned earlier, any deal is different from any other deal, a deal evolves constantly before its consummation, and therefore, each deal requires a “tailored fit”, which, in turn, requires one to understand the commercial, regulatory and tax matters in-depth and apply one’s knowledge to facilitate deal consummation.

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  • Karthik Jayakumar- a Non-National-Law School graduate who became Founding Partner at Peritum Partners and co-founded an Online Journal of International Law and International Law Consultancy, called The A38 Journal

    Karthik Jayakumar- a Non-National-Law School graduate who became Founding Partner at Peritum Partners and co-founded an Online Journal of International Law and International Law Consultancy, called The A38 Journal

    This interview has been published by Tanmaya Sharma. The Interview was taken by The SuperLawyer Team.

    Is it hard for a non-national-law school graduate to find his/her “first job”? What are your thoughts?

    Unfortunately, yes – a challenge faced by non-national-law school graduates is for finding his/her first job. Several law schools have not developed/grown to the extent that national law schools have, which tends to impact the exposure that students may have. Additionally, the lack of placement opportunities leaves students with the sole choice to apply for jobs on their own – which ultimately leads them to apply to multiple places without a positive response. The pleasant change we are getting to see in the recent past however is that several lawyers/graduates are beginning to work with smaller businesses and corporate houses (as in-house counsels) and with young firms, which perhaps wasn’t so much the trend ten years back. Given the startup boom, many young lawyers are exhibiting an entrepreneurial streak, with the setting up of new firms even fresh out of law school.  

    How did you manage to get your first break at Amarchand Mangaldas?

    This is a question I get quite often. Through my time in law school, I focused on moots, seminars, and the likes. I spent ample time on improving my resume, which I think has helped me quite a bit over the years. It isn’t that I got my first break on the first attempt – I did indeed apply to several firms and did see rejection. A simple word of advice is to not give up and to keep trying to find a role that works for you. I would also take the opportunity for law school students to use the course duration to intern at different organizations/firms, to understand the options of practice areas, etc that are available for them to work towards. Through this process, a student can identify the role they specifically want to apply for and therefore work towards putting together a sharp resume for their job applications. 

    Among civil and corporate litigation, which interests you most and why?

    My pick would be corporate litigation as it is the closest to my practice areas. I feel that I am the most productive and have added most of the value in areas that I’m passionate about and understand well. Civil litigation tends to get quite tedious with the procedure and other things that I prefer not to dabble in. 

    What can be the real challenges while establishing a career in the field of law?

    The primary challenge is to find a way to set yourself apart from everyone else that you compete with. The law is the same for everyone, but finding the simplest solution that saves time, effort and money is perhaps something incredibly valuable to clients. Through the years of practice thus far, I’ve understood that keeping my knowledge up to date is only the tip of the iceberg. It’s important to understand the practical side of things alongside theory. That being said, one of the bigger challenges when it comes to setting up your law practice, is the test of patience. Given that by regulations in India a lawyer cannot solicit work, a large question always remains on how the practice may grow organically. A word of advice I have always received consistently from each of my mentors and seniors is to remain sincere and hardworking while giving each client your absolute best. 

    Karthik Jayakumar

    Funding deal and acquisition sounds like interesting areas to work in. What do you like most in these areas?


    It most definitely is an incredibly interesting area to work in. What I personally like about the areas of work is how one can tangibly secure the interests of the relevant stakeholder while seeing the deal through. The ability to structure deals to enable the growth of businesses that ultimately become larger brands – is a very satisfying process that for me is incomparable to anything else. This becomes all the more exciting when you start to represent businesses that you have been a customer/fan of.

    How does the Indian and Overseas outlook change with respect to litigation? Do overseas companies prefer litigation over ADR?


    I don’t particularly see much of a difference in terms of the outlook domestically and overseas. Conservative approaches are always to remain litigation averse and look to be as compliant as possible. Though, from my experience, it seems to be that parties globally favour ADR over traditional litigation simply because of the swift nature of redressal of disputes. Some legal systems globally are known to resolve disputes rather quickly – but the general tone seems to be leaning more in favour of ADR.

    Can an Advocate be soft-spoken yet established; what do you think about how the legal profession takes this quality?

    Most definitely. I’ve come across many litigation lawyers (including established younger lawyers as well as senior counsels) that are soft-spoken but have made a mark in the profession. Earlier, the stigma attached to a loud booming voice commanding more respect and the same improving the ‘presence’ of a lawyer seems to have vanished over the years. Be it in courtrooms or in board rooms while negotiating deals, it’s a positive change to see people looking at content over form. The ability to put across a point effectively in my opinion is the most important quality than anything else.

    Karthik Jayakumar

    Would you like to give any career/life tips to the readers?

    The simplest tip that I would give to anyone is to always keep things as simple as possible. Sticking to basics and doing that well, can often go a very long way and would help achieve more than trying to do something fancy and over the top. Consistency, hard work, and the thirst to acquire knowledge alongside finding answers are some of the key qualities to develop. As cliched as it may sound, trusting in a well-developed process and following through with the process achieves a lot more than working backwards by focusing solely on the goal. Oftentimes focusing on the goal might only add to the already existing pressure.

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  • Meenal Garg- Associate at K.N. Legal, a boutique Arbitration Law Firm, also an ODR Consultant, Member of Young ICCA, SIAC, LCIA and MCIA, a libertarian exploring Arbitration

    Meenal Garg- Associate at K.N. Legal, a boutique Arbitration Law Firm, also an ODR Consultant, Member of Young ICCA, SIAC, LCIA and MCIA, a libertarian exploring Arbitration

    This interview has been published by Tanmaya Sharma. The Interview was taken by The SuperLawyer Team.

    Did you always want to become a Lawyer or was it something that you decided in the later part of your school life? What other career options would you have considered, if not law?

    Law was never my first choice. In fact, I was oblivious to the law as a profession and wanted to be an engineer like most of my peers. In my 10th standard, I was inevitably put to choose a career path like any other 14-year-old kid. Though I didn’t have any preference in my mind, I was introduced to the law as a profession by my father. After talking to my friends, neighbours, teachers etc. about the same, I was convinced that law would be the perfect field for me as it could help me fulfil my dream of doing a corporate job while learning something new every day. I believe that had I not been a lawyer, I would probably have been a CA or an MBA executive or maybe even an engineer.

    You are quite active on LinkedIn. How important do you think LinkedIn is for professionals? Does that also discourage young struggling minds?

    I believe that after COVD, Linkedin has become the foremost place for networking amongst the legal fraternity. According to me, if used properly, anybody can immensely benefit from this platform. At the same time, it cannot be denied that students may feel discouraged after seeing the achievements of their peers or lack of response. However, this cannot be treated as a hurdle and rather this is the necessary motivation required to reap the full benefits of this platform. According to me, continued usage of Linkedin along with posting valuable content can easily boost someone’s career. Networking has never been so simple and accessible in the legal profession before Linkedin.

    You also took part in various competitions and have published numerous papers and Articles. How important do you think these are in shaping your understanding of law?

    Writing is one of the most rudimentary skills of a lawyer. As a law firm associate or as a junior lawyer, much of a young lawyer’s time is spent drafting briefs, research notes and petitions. Therefore, through writing a lawyer can improve his understanding of the law and how to communicate his thoughts properly. Another underrated advantage of writing is a novelty. Lawyers are required to generate out of the box solutions every day to tackle everyday problems. Writing papers compels a lawyer to think and to bring novelty in his arguments. I believe that all my writing achievements and endeavours have played a major part in shaping my career and helped me reach where I am today.

    You have been working on Arbitration cases since the beginning of your career and are now working as an Associate at KN Legal. Why did you choose Arbitration and what scope do you think it has in the future? 

    I have always considered myself to be a libertarian. Therefore, the consensual basis of arbitration resonated with the libertarian in me. Moreover, as I started exploring arbitration, I just couldn’t think of anything else apart from arbitration as my career path. This is because virtually every commercial contract contains an arbitration clause today. Disputes may be big or small, but today every commercial dispute is adjudicated through arbitration. Moreover, I believe that arbitration is the future of commercial arbitration. Anyone desiring to work in a corporate setup or the commercial litigation sector necessarily needs to know about arbitration. Furthermore, in the context of India, we may see more and more instances of mandatory statutory arbitration. Therefore, the scope of arbitration is limitless.

    You also happen to be a member of various International Arbitration Centres. Besides ADR, you are a mediator and ODR Consultant at Sama. Do you think it is time for India to adopt ODR on a larger scale?

    ODR has been a subject matter of debate in India for quite some time now. However, it was because of COVID that litigants were compelled to explore ODR as an option. Moreover, in my experience, such litigants have now started to recognize the benefits of ODR. Another factor is that India’s digital infrastructure has considerably improved and therefore, repeat players should consider adopting ODR for at least less complex and repetitive disputes.

    Meenal Garg

    Can you walk us through a day in your life?  What is the life of an Associate of a boutique law firm like?

    To say that a law firm associate’s life is busy would be an understatement. Moreover, with the advent of COVID and the work from home option, the lines between professional and personal life have considerably blurred. However, this comes with a silver lining as it allows me to develop my specialisation at a quicker pace. Moreover, I am involved in every step of arbitration and litigation including pre-litigation strategy, client meetings, drafting and appearing during the hearings etc. Furthermore, the small size of the team helps to ensure effective communication. 

    You completed your Masters’ dissertation on the topic ‘Promoting Efficiency of Arbitration in India by Using Technology’. Can you tell us a bit about it and how you see promoting Arbitration using Technology in India?

    In spite of being a practising lawyer who has seen virtual arbitrations every day, I was surprised to see that there was no information regarding the use of technology in Indian arbitration. There is no awareness regarding the use of technology in arbitration in India. Therefore, I took up this topic to discover the viability of the use of technology in the Indian arbitration landscape. After my interactions with various industry experts (whom I cannot thank enough), I believe that there is a huge scope for use of technology in Indian arbitration especially in small value disputes because of its cost-effectiveness. Moreover, this market seems to be niche and only a handful number of players and users exist which is largely due to COVID. However, through proper endeavours, technology can have long term benefits for India seated arbitrations.

    Lastly, is there any suggestion or advice that you’d like to give to our readers? 

    I always say that ‘it is good to dream big but it is not bad to start small’. Students and young professionals like me should see every opportunity as a learning opportunity. With the advent of COVID, knowledge and opportunities have never been easier to grasp. Contrary to popular beliefs, quality internships can be done right from the comfort of home. Furthermore, as already stated above, writing is the most important skill for a young lawyer. Lastly, reading and engaging in meaningful conversations pertaining to any area of law can be a sure shot way to be a successful lawyer.

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  • Jyoti Kakatkar- Senior Legal Counsel with Eight Roads Ventures- an international VC/PE firm and an ardent animal lover breaking ceiling in the Investment sector

    Jyoti Kakatkar- Senior Legal Counsel with Eight Roads Ventures- an international VC/PE firm and an ardent animal lover breaking ceiling in the Investment sector

    This interview has been published by Tanmaya Sharma. The Interview was taken by The SuperLawyer Team.

    How smooth is it to be an in-house counsel? Or is it the other way round?

    In my view, neither the in-house counsel role nor the law firm role is completely devoid of challenges and hurdles. Having been a part of both legal worlds I can safely state that each role comes with its own set of challenges and privileges.

    However, it is extremely incorrect to assume that in-house counsels are just “glorified paper-pushers”. There is a lot of responsibility that comes attached to an in-house role. When you hire an external law firm, its role and liability are limited to the ‘scope of work’ and ‘exclusion’ clauses elucidated in its engagement letter. My employment contract as an in-house counsel is devoid of any such sections. The legal liability of the organisation/transaction rests on your shoulders; even simple human errors can sometimes cause you sleepless nights due to the potential repercussions they may have. Even if you hire an external counsel, they have limitations either on bandwidth or the complete know-how regarding the commercial dynamics of the deal. There are many matters which are done/resolved without any external help. 

    So many assumptions have been made over the years regarding my move to an in-house role; that I left the law firm life “to retire”. With quality legal work coming my way at Eight Roads, I feel anything but retired. I can say that the work of an in-house counsel is exciting as well as challenging. Unfortunately, in-house roles are not always given due recognition or respect.

    People may have come across some in-house lawyers who may take their role lightly but people equally come across some law-firm counsels who may shirk responsibility. I believe that the generalization of any work role — legal or otherwise, is unfair; it’s honestly up to each individual on how they want to make the best use of the opportunity they have been presented with. I truly hope I am!

    You worked in the most renowned law firms like Cyril Amarchand Mangaldas & Khaitan & Co for about 5 years and now working as a Senior Legal Counsel with Eight Roads Ventures (an international VC/PE firm). What major changes have you found in the working approach between the three?

    It was an absolute honour to start my career with the likes of Cyril Amarchand Mangaldas and Khaitan. Both the firms are filled with some of the most reputed lawyers, and I had the chance to train under some of the very best.

    As a junior, I had the opportunity to work on some complex, high-stake transactions; and even if I wasn’t lead counsel, I got to do the groundwork, research on obscure legal points, and observe and learn from all parties involved.

    As the years progressed, so did my responsibilities, direct exposure to clients, and the learning curve was steep. However, as a part of a law firm, my daily work interactions were primarily with other lawyers. While it is the best way to garner more legal knowledge and stay abreast with the constant change in-laws, it also limited my views on how the corporate world truly applied our legal advice to their business. 

    Within the Eight Roads ecosystem, I am interacting with persons from different spheres globally — investment, finance, HR, communications, founders, company CFOs and so forth daily.

    Listening to their various conversations has given me a better understanding of how businesses operate and how best to curate my legal advice. As an in-house counsel, you don’t work “for” the client but “with” the client. You are part of the same team and are equally responsible alongside the investment members for the success or failure of any investment/project. Knowing the law is important but it is meaningless if not practically applied in any given situation. More often than not, I am aware of the commercial nuances of each deal and this helps me negotiate the key legal points, take commercial calls, and reach a mid-way understanding on other issues. There is a more holistic approach to my legal review which goes beyond just the transaction at hand. While the work of an external counsel ends once we close a deal, my work continues well beyond. I must help maintain ongoing collaborations. 

    Now we know that you work as a Senior Legal Counsel with Eight Roads Ventures, could you highlight your role in the firm?

    The role at Eight Roads is a multi-faceted one. I deal with a range of legal issues right from investment agreements, exit documents, tax matters, confidentiality concerns, debt financing, vendor documents, legal notices, insurance, corporate governance to employment contracts.

    As part of the Eight Roads’ Ventures India team (ERVI), I help strategize, negotiate and close investments in the early/growth stages of companies operating in fields of healthcare, technology, consumer, and financial services.

    I also play an important role in negotiating and implementing fund exits. The legal work at Eight Roads is not merely transactional but also relates to internal fund compliances and portfolio management. Given that Eight Roads is a part of a global platform, my work goes beyond Indian law issues. I regularly encounter matters concerning international jurisdictions and it is very interesting to compare how people commercially and legally view and assess risks associated with VC/PE deals in different jurisdictions.

    ERVI also endorses CSR activities and I am honoured to have been given a chance to spearhead these.

    A very important aspect of my role is balancing commercial considerations and relationships with founders/partner companies while ensuring I negotiate in the best legal interests of Eight Roads. Many times, I am also required to chase law firms (sometimes even my ex-peers). There may be some commercial implications, which are highly confidential if a deal does not close within certain timelines. 

    I often joke with my colleagues that the founders and law firms must equally dislike me! Unfortunately, that is the nature of my job and I can only hope that the industry can know me beyond my in-house counsel role — I am not that bad a person (at least that is my view!). I strive to the best of my ability to be practical under the given circumstances and help cultivate lasting partnerships. 

    Not many young female lawyers reach the height you achieved, what was the story behind your success? Were you the privileged child or had to dig in deep to quench the thirst? 

    I was extremely privileged to have loving parents who were supportive of my education and career decisions. Having said that, I am a first-generation practising lawyer in my family and had to find my own feet in the legal profession.

    I have no godfather in the legal industry. Before joining the three-year law course in Government Law College, Mumbai (GLC), I had completed my graduation in Mass Media from Jai Hind College. It was an altogether different field.

    While many of my media classmates had already secured jobs and earned their first salaries, I was studying hard, with no promise of a job and limited financial means.

    During my law school days, it was difficult to secure internships with law firms if you weren’t from an N-law school or had influence with a law firm partner. Having been rejected by several internship programs, I remember wanting to give up on my legal profession dreams. I nevertheless studied hard and made the most of the few internship opportunities I did manage to secure.

    My real break came on 22 September 2011 (yes, the date is imprinted in my mind) when I secured a job with the Mumbai office of the then Amarchand Mangaldas through the GLC campus placement program. After all the rejections I had faced till then, I was absolutely over the moon to have been selected by one of the best names in the industry based purely on merit. My years of hard work and my family’s faith in me had finally paid off. I couldn’t wait to treat my family to a lavish dinner with my first salary (it was Konkan Café at the President Hotel — my mother’s favourite). The rest, as they say, is history.

    In India, working females still have a responsibility to maintain their household. You are on the next level of achievement, how do you balance your professional and personal life? 

    A lot is written about working mothers and their struggles (rightfully so!). However, there is an unspoken challenge being faced by many working women in India — balancing professional lives while also being the caregiver of aged parents. With age come many illnesses, and unfortunately, India’s professional caregiver services are very expensive and unreliable. Further, not every Indian woman is a part of a large joint family with several helping hands at home. After everything our parents do for us, we would be unjust in abandoning them in their hours of need. Invariably, the caregiving duties fall on the women of the house.

    My mother was extremely ill and constantly in and out of hospitals for about a decade which spanned through my law school and the formative years of my career. At that time, we were not working from home, but I feigned sickness and worked from home, hospital, and everywhere else.

    I will not lie that it was a struggle to balance my stressful work hours, caregiving responsibilities, and just finding time to unwind; I came close to having a nervous breakdown. However, with the support of my immediate family members, I dragged myself through the hard times and found normalcy in mundane tasks.

    Today work from home has helped me find a better balance between my professional and personal life.

    During my mother’s caregiver journey, I rarely asked for help and kept my situation under the wraps at the office to continue with the image of normalcy. I have now learned that it is important to be open about any difficulties you are personally facing and not fear being judged or professionally reprimanded — especially women. Even if people return to their office full time, they should be more than encouraged to seek any assistance if needed. After all, each office colleague also has her/his own family and we can make it a safe working space by supporting each other.    

    Apart from being suit up, what interests you in your leisure time? 

    The two things I love the most and help with my stress management — spending time with animals and exercising.

    For several years, I have fostered and helped with the adoption of stray animals. In the coronavirus-induced lockdown, stray animals in my locality (and all over India) were cut off from their daily food source and were going hungry. With work from home, I was able to feed and take care of the strays in my area every day. This has now become a part of my routine and I feel incomplete without greeting my furry friends. Lately, I have also been researching animal protection laws (or lack thereof) in India. All life forms need to be equally respected and protected by law. My work and views about speciesism, animal rights, and preserving the natural environment would make for a whole separate interview!

    Exercise and the endorphins released as a result have helped me emotionally cope with some of the toughest phases in my life. I would especially recommend it to lawyers; our work can be extremely overwhelming. Physical fitness does not necessarily mean an hour of HIIT session or pumping heavyweights at the gym; it may be a brisk walk for 30 minutes around your colony. If you do not exercise, please do not wait for the New Year or a Monday! Please start slowly and you will notice positive differences — physical and mental.  

    We found that you are an active social worker. Would you like to mention your beliefs about the same?

    Jyoti Kakatkar

    Many years ago, I had read a quote by American actor Lily Tomlin which stuck with me — “I always wondered why somebody doesn’t do something about that. Then I realized I was somebody.”  It dawned upon me that I had the power to help those in need myself and did not have to wait for NGOs to do the work; NGOs are already inundated with the work pressure.

    A small act of compassion can go a long way in improving someone’s life. The act can be as simple as buying Diwali lights and giveaways every year from NGOs instead of an established brand.

    As lawyers, we do hold a certain position of power in society and legal aid is one of the most useful services we can offer to non-profits. I have had the privilege of helping a few with their legal affairs; the work is challenging and only improves my legal acumen. There are several causes out there, be it children’s education, women empowerment, poverty, terminal illnesses, environment, and so forth. If each of us picked one cause that we felt passionate about and donated our money and time towards it, our future generations will experience a kinder world. 

    The covid-19 pandemic was tough for all of us and we can still find its traces now and then. Do you want to suggest anything specific to the readers concerning the same?

    Covid-19 has been surreal and its effects devastating globally. Many people have lost livelihoods and many more loved ones. In this light, the pandemic has brought about discussions on an extremely pertinent and unspoken topic in India — grief. The Oxford Learners Dictionary defines grief as “a very sad feeling, especially when somebody dies.” I never felt the need to research the meaning of grief until my mother passed away pre-pandemic pursuant to her illness. To me grief is undefinable.

    Fully being aware of my mother’s oncoming death and having mentally prepared for the same, grief took me by surprise after a month of her passing and punched me hard in my gut. I was on my way to the airport for a work trip abroad when it hit me that I will never again receive the hundred “annoying” calls/messages from my mother asking me if I had gone through security, landed safely, had eaten well, and have enough jackets to brace the cold. It was the most damning feeling in the world.

    Since then grief continues to hit me in waves, even at some of the most inappropriate occasions with varying intensities. The reason I was so surprised at feeling grief is that none of my close friends or relatives who had lost loved ones ever warned me or confided in me how hard it is to lose someone. Every single person experiences their own, highly curated version of grief, and each version is hard. 

    While the circumstances are extremely unfortunate, it has been encouraging to see more people come forward and speak about their encounters with grief. Reading other people’s experiences with grief had helped me feel less alone, and I hope to spread more awareness on this issue. In India, Bhavana Issar’s organisation, Caregiver Saathi has created a safe space for family caregivers to exchange stories on caregiving and grief, and I am extremely happy to be associated with it. Mental well-being is necessary to be able to perform well at your job. There is no shame in asking for help. If anything, you will be doing your job and yourself a disservice if you don’t.      

    Where can we see you in the next 10 years? Are you planning for something big or staying low at the moment?

    Hopefully still be alive, healthy and happy — a decade is a long time away! Experience over the years has taught me to take one day at a time. Too many of my plans have been foiled due to unseen circumstances. Then there were plans I never made, and still, life fell into place. I do hope to continue making a positive difference — whether in the lives of animals or human beings (several or even one). 

    Any career tips to the young minds in the investment sector?

    Foremost, I would like to give a general but a very important tip to every young professional out there —please do not compare your career trajectory to others and ever feel less worthy. Yes, it is important to draw inspiration from success stories, but success again is a relative term. Each of us comes from varying backgrounds, societies, support systems (or lack thereof) and we can only try our best. 

    For young lawyers looking to start/move in-house and particularly enter the investment sector — it is a very exciting space to be in and there is ample opportunity to do good challenging legal work.

    Even the pandemic could not dampen the ever-buzzing VC/PE activity in India. India is filled with talented founders and ambitious teams, and it gives great joy to be a small part of this thriving ecosystem. However, move in-house for the right reasons — there is also hard work involved and timelines to meet. Instead of verbose paragraphs, please learn to put legal advice in simpler words. Even I am learning to better my skills every day; learning is a continuous process without an expiration date. Enter the field with an open mind. As stated earlier, in-house is less about interacting with other lawyers and more with persons from different career backgrounds. It is a great opportunity to learn different topics from them while sharing your legal expertise. In the end, find joy in the work you do, and the rest will follow (and if it doesn’t, do not be disheartened, your time will come!).

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  • VISHWASAI RAJENDRA, IN-HOUSE LEGAL COUNSEL AT HSBC ON MAKING A CAREER IN LAW, HIS EXPERIENCE IN CORPORATE AND COMMERCIAL LAWS AND WORKING AS AN IN-HOUSE COUNSEL

    VISHWASAI RAJENDRA, IN-HOUSE LEGAL COUNSEL AT HSBC ON MAKING A CAREER IN LAW, HIS EXPERIENCE IN CORPORATE AND COMMERCIAL LAWS AND WORKING AS AN IN-HOUSE COUNSEL

    This interview has been published by Maaz Akhtar Hashmi and The SuperLawyer Team. The Interview was taken by Priyanka Cholera.

    You have various roles and achievements credited to your name, from working with Lakshmikumaran & Sridharan, Aarna Law, King & Partridge, to being an In-house Counsel at HSBC. Apart from what makes headlines, what would you like our readers to know about you?

    I believe my journey so far is filled with highs and lows, acceptances and rejections and good and bad days, but every single event has definitely contributed to it. Apart from being a passionate footballer and football fan and a topper in law college, my legal journey includes various shifts from a Tier 1 law firm to a boutique law firm, from senior designations within the organization, to being the youngest legal head of a Company, to starting off from scratch, from tax laws to corporate and commercial laws and from a fintech startup to a Global Bank. I was also blessed with the opportunity to work with two of the greatest legal minds in the industry, my forever mentors and well-wishers, Mr. KP Kumar (Senior Counsel) and Mr. G Shivadas (Senior Counsel).

    I think it’s important for people in the field to know that one’s achievements/experience should never be defined by designations or places of work, rather by the things they have learned along the way (both about law and life), the people they have met and learnt from, the mentors they can look up to and the impact they have had on the people they have worked with.

    Having studied law at MS Ramaiah Law College, you established a keen interest in Corporate Law., what drew you towards making a career in law?

    I am a first-generation lawyer coming from a very traditional Indian family who believed (at the time) that the only way to make a career and name for yourself was to take up engineering. In fear of disappointing my family, I pursued science in 11th and 12th and even did a year of B.sc post that. It was during this year that I realized that I wanted to be part of a profession where I would be making a difference each day and would stand out from the crowd. At this point, I met a few lawyers who gave me a lot of insight into how the industry functions and from the get-go, it had my attention. It is one of the hardest decisions to leave a course by choice and pursue something completely new and different. There is no way to be completely sure, but you have to believe and listen to that inner voice and follow your instinct. When I took this step, I knew that I had to outperform myself to prove that I made the right decision, and it introduced me to a whole new side of myself. I worked harder than ever before and topped my course. But the best part? I enjoyed every minute of it and met some great friends along the way.

    You pursued an LLM in Corporate & Competition Law from Durham University. Could you please tell our readers how the international exposure has helped you gain perspective to improve your skills in the legal field?

    International experience is something I would always recommend. Apart from the course structure itself, it is the style of teaching and method of examinations which is something I had never experienced before. It gives you a more holistic view of the subject and helps you think outside the box. It is not just limited to topics which you may study from a textbook and also vastly improves your research skills. This really helped me during my work as I started to think outside the normal course of the law and started to question judgements, articles and the applicability of certain laws itself. Also, my method of research changed vastly, and it was no longer limited to just textbooks, bare acts and case laws, but moved to commentaries, articles on the subject etc., to understand the history and different opinions on the point before I could form my own.

    What are the most important things that students pursuing their LLM abroad should keep in mind?

    To start off, I would say that it is always better to work for a year or two before pursuing an LLM. This not only gives you work experience but changes the experience of your LLM completely. Your outlook on the subject increase, and you are also able to apply what you have learnt from your previous work experience to excel in your LLM. This also helps while applying for a job abroad, as prior work experience in the field is always an added advantage.

    I believe that the overall experience of studying abroad is sometimes lost among students due to the pressure of having to find a job abroad as soon as possible. This makes them miss the little joys and experiences of day-to-day life, which goes a long way in shaping perspective, people skills and attitude – critical for a lawyer! Therefore, my second advice to students would be to make the most of each day. Enjoy the experience, take part in as many extracurricular activities, meet and speak to as many foreign students as possible and make the most of your time abroad.

    You started your legal career with Lakshmikumaran and Sridharan (L&S) as an Associate immediately after law school. How has that experience shaped you and contributed to your interest in Corporate & Commercial Laws?

    This is actually a very interesting question as L&S had a huge role to play in many career decisions I took. I started my career as an Indirect Tax litigator, working under the smartest Indirect Tax lawyers in the Country. I adapted quickly to the pressure of being in a Tier 1 law firm and started to enjoy the overall experience of finally applying to practice what I had learnt for 5 years in law school. Everything was a new experience. From your first case and client to your first mistake, your first victory in the legal profession, your many defeats which teach you so much, watching your seniors argue and trying to replicate their mannerisms while you argued etc. was such a great and cherishing experience, and when I look back on it now, it paved such an important path to the professional I am today.

    At the same time, I wanted to gain experience in different laws and sectors. Since I started off with Tax, I wanted to explore other Corporate and financial laws so as to expand my legal knowledge and horizon. This led me to pursue an LLM in Corporate and Competition Law in the United Kingdom. Upon completion of my LLM, I returned to L&S for a short period before eventually moving out to gain more experience in Corporate and Commercial laws.

    You recently joined HSBC as a Counsel providing Global Legal Services to the clients. Could you explain what kind of work an In-house Counsel entail?

    Initially, it was a huge change for me, moving from litigation and advisory role in a law firm to an in-house legal team of a Company. The structure of an in-house role is designed in such a way that your clients are the other teams within the same organization, and there are a lot more processes to follow. You need to provide efficient and timely support to your internal stakeholders to ensure the smooth running of the business. It also involves a lot of negotiation and consultation with other in-house Counsels from different Corporates, along with awareness and knowledge of all laws and the constant changes to them.

    Currently, at HSBC, I draft and negotiate derivative contracts with our Clients across the world. This was a completely new sector for me and the opportunity to learn something which I had never done in the past. This is what excited me the most, as I always wanted to learn more than just one kind of law. Working in a Global Bank comes with its own excitement and challenges. You get to learn a lot about the Global financial market and the laws regulating the same. It requires a lot of hard work, uneven hours, and it requires you to think on your feet. Everyday is a challenge and an opportunity to learn something new from immensely talented lawyers all over the world. It broadens your entire legal horizon as it gives you Global exposure and gets you used to a tried and tested process.

    Your practice areas include Fintech Law, Regulations governing NBFC’s, Corporate and Commercial advisory and litigation, Contract Management, Civil and Commercial Litigation, Dispute Resolution, Arbitration, Consumer Disputes, Corporate and Tax litigation and advisory. Which area, according to you, interests you the most and why?

    Having started off with Tax law and having learnt Tax from 2 of the most prominent Senior Counsels in the field i.e Mr. KP Kumar and Mr. Shivadas, I believe that I will always have a soft corner for Tax. Arguably, Tax law is one of the toughest laws in the Country and learning to interpret Tax law always gives you the advantage while interpreting or understanding any other law.

    Having said that, I absolutely enjoy what I am doing today, and every law I have practiced in the past has given me a different insight into the profession. Although I do advocate specialization in the field of one’s choice, I do believe that one should get their feet wet in a few areas of law before deciding what they want to excel in.

    The pandemic has completely changed the ways industries operate. Will the face of the legal sector undergo a drastic change, keeping in view the challenges entailed by the pandemic?

    When it comes to litigation, I believe that physical hearings will always be more prominent than virtual hearings, and I trust that virtual hearings may never fully replace physical hearings. Although virtual hearings did have a positive side as much as one could attend hearings in different cities, from their home or office, I do believe that physical hearings can never and will never be replaced. Therefore, other than E filing of documents, I don’t think there will be a drastic change in the field of litigation.

    With non-litigation roles, however, I do think that there will be a drastic change as far as work from home is concerned. I believe more and more companies and firms are switching to a hybrid work from home model, which I believe to be very successful.

    Being extremely busy working in a corporate setup, how do you take care of your mental health and strive towards a good work-life balance?

    Mental (and physical) health is a growing concern all over the world, and rightly so. I try to take care of my mental and physical health by keeping fit, spending time, and travelling with family and friends.

    I always was and still am very passionate about sports, especially football and badminton, and I make sure that I have time to play them both at least once a week. In fact, I still enjoy playing competitive football and recently also represented the Advocates Associate Bangalore in the inter bar association tournament.

    I think it is more and more important for organizations to understand the importance of the mental and physical health of their employees and take active measures to ensure that each one of them focuses on the same. However, more than the organization, it is also equally important for each individual to understand the importance of this, to make time to do what they always loved and speak out whenever something is bothering them.

    Would you like to accord our readers with any further suggestions?

    The legal profession is a roller coaster, and there will always be ups and downs. Try to stay positive through the entire journey, and life will always find a way. Don’t let rejections get you down. Never be afraid to make a shift and trust your instinct. Work hard but also try to enjoy a bit in the process. Most importantly, never let any person or organization change or hamper your identity.

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  • DANIEL ONAFUWA, PARALEGAL AT EVERSHEDS SUTHERLAND, CO-FOUNDER AT COMMUNITY LAW PROJECT UK LTD, ON PURSUING LAW FROM CARDIFF UNIVERSITY, BUILDING HIS ORGANIZATION NCLP AND WORKING ON BRIDGING THE GAP BETWEEN LAW STUDENTS & LEGAL PROFESSIONALS

    DANIEL ONAFUWA, PARALEGAL AT EVERSHEDS SUTHERLAND, CO-FOUNDER AT COMMUNITY LAW PROJECT UK LTD, ON PURSUING LAW FROM CARDIFF UNIVERSITY, BUILDING HIS ORGANIZATION NCLP AND WORKING ON BRIDGING THE GAP BETWEEN LAW STUDENTS & LEGAL PROFESSIONALS

    This interview has been published by Maaz Akhtar Hashmi and The SuperLawyer Team. The Interview was taken by Priyanka Cholera.

    It is famously said that when you save one person, you save the entire world; do you believe your personal goals of community service align with this?

    I believe that the work we do is imperative to our general community in the UK but also an initiative that should be taken aboard worldwide. We are all connected and should aim to work in unison as one species, yet there are so many factors that intentionally or unintentionally divide us.

    What does the word community mean to you, and what does it represent to you?

    The word community means united under one vision. I do not limit to geographical locations but a shared vision, goal or idea where a mindset is shared to partake in something together. It represents unison.

    You have recently embarked your journey at Barclays. How do you feel about progressing the direction of banking and financial services? Which is known to be your area of interest to pursue.

    I finished a two-month mentorship programme with them recently. A few weeks ago, I completed a week of legal work experience with them. It was such an enjoyable experience and a great way to see how financial institutions are so integral to the functioning of society in more ways than we realise. It is important for prospective law students to keep an open mind because you will experience multiple seats in a training contract. However, it is great that if you have an interest in a particular area of law that you keep up to date with what is going on in that legal sector as well as seek practical experience. A lot of practice areas are a very different experience when doing it in practice than when studying it at university.

    You have been associated with various law firms and legal enforcement agencies while pursuing your LLB from Cardiff. How did you balance work along with education?

    One of the many key skills for a lawyer is to be very organised. I was very proactive and made sure to note down all my responsibilities, including university classes and then prioritised. I would focus on getting my key work finished in the morning and afternoon. I would then spend my evenings visiting law firms on open days or setting key time aside to do research into said firms as well as the legal sector in general. I had many extracurriculars such as societies and sports clubs that I had to factor in as well. It is a good idea to keep a timetable that you can be flexible with.

    You were awarded with Student mentor of the year, where one of your students got admission to the prestigious SPARK SCHEME at Clifford Chance; how did it feel to fulfil another dream?

    It felt really fulfilling, and I had a great sense of accomplishment. I want to use my life to be a blessing to others and bring them on the right path using my experience. Ever since I can remember, I always had a passion for helping people. My mum used to see if you have the power, time or ability to help someone, then choose to be that blessing in that person’s life. My mentee reached out to me to help her with her application as well as with doing mock interviews, and we spent a lot of time in the library together to narrow it all down.

    You have been a massive advocate for pro bono SQE. Can you elaborate on how that mission will come to fruition, given the coaching and training expenses?

    The purpose of the SQE is to increase accessibility into the legal sector. This will be done by having the examination replace the expensive Legal Practice Course, which is around £17,000, most commonly in London, where many aspiring solicitors tend to flock to. This has been a significant blockade to many students who were not privileged enough to have access to the support or funds to pursue this almost necessary action to qualify as a solicitor. It could prove to be a financially detrimental investment for those who completed a law degree but are not sure whether to pursue a career in law and choose to do something else after completing the LPC. This includes those who take the financial plunge of doing the LPC but can’t get a training contract because of how competitive the process is. The SQE has come in effect to help alleviate that financial burden and improve diversity by allowing people from all backgrounds to afford to pursue their dream of becoming a solicitor. The SQE takes the form of two exams that is, in theory, open to everyone rather than an expensive year-long course. SQE 1 costs £1558, and SQE 2 costs £2422, so, therefore, it is a total cost of £3980, which is significantly cheaper. There is also the factor that the LPC route demanded that you complete either a law degree or do a law conversion course. So, if you decided after your non-law degree that you want to know to pursue a legal career, you would have to do the Graduate Diploma in Law (GDL) which costs:

    The total candidate fee for the new Solicitors Qualifying Examination (SQE) is £3,980.

    • SQE1 – £1,558
    • SQE2 – £2,422

    This is substantially cheaper.

    “Our mission is to take on the casework as paralegals that charities/firms/legal organisations cannot.”, how has the past year been for The National Community Law Project (henceforth termed as “NCLP”) and the team successfully contributed to this vision?

    The past year has been absolutely incredible for us. We have established an enormous community of over 300 members across the world, working together through our platform to be able to provide the support that is desperately needed that no one will take up. We have successfully helped over 60 clients and have secured over 15 partnerships with other organisations we constantly collaborate with, such as LawSikho. We have expanded our reach internationally, where we are now operating in places like Africa and India. It led to many great opportunities that I would not have been privy to before. For example, I was invited onto Radio Cardiff, where I recorded a Spotify podcast with Black Owned Minority Businesses UK. I was also a guest speaker on the Flex Legal ‘Humans of Law’ podcast and was featured in one of their articles as I was discussing the new qualifying regime in the legal sector. We got to be one of the main pioneers of entering this new era of the SQE in the law sector by providing this qualified work experience.

    How do you see NCLP growing and serving society in the coming years, given that it has already done paralegal work on behalf of 350 law firms?

    We generate partial income through a commission by having the 24/7 live chat service, which is operated by these 350 law firms. Now more than ever, especially with the pandemic, people still need a lot of help out there. We have recently set up two stores in Cardiff and have established both a welfare division and a fundraising team that focus specifically on supporting the disenfranchised on a more direct level. We look to keep growing even more exponentially and take on many more students to help them get their first step into the legal sector.

    NCLP has a large set of volunteers and paralegals around the globe; how do you keep your team inspired and motivated?

    The motivation is self-sustaining because we are all volunteers. This means that it is our strong passion to help those in need that make us work as hard as we do to make sure that they are taken care of. We have core values at NCLP that we make sure that all our members fully represent both within the teams and towards our clients when they are with us. We all look out for each other and support one another when work gets too stressful or complex, but we have achieved our own community where we continue to lift each other up and celebrate everyone’s accomplishments.

    NCLP has been established for bringing in change in society. The active topics have been feminism, refugee relief and all facets of human rights. How would you describe the impact it brings not only in the community but the students and paralegals who join on board?

    We have seen the impact quite clearly in the pandemic. It has widened the gap and ostracised the already marginalised communities from everyone else in terms of equality which these relevant topics all involve. As we are seeing the impacting effects at the forefront in real-time, it has led to an increase in volunteers who specifically want to go into law to work on issues like immigration which they come to us to facilitate.

    It is known to us that you are fond of playing the piano, drums and guitar. How has music been instrumental in your personal development?

    I have been a self-taught musician since the age of 6. I have always loved and have been passionate about it. I have almost 10 instruments in my flat right now, including a grand piano, a keyboard, and 2 guitars (electric and acoustic). It is important for everyone, especially in this sector, to have passions outside of work and a work-life balance that you know suits you. There have been many who have fused their passion for music with their law careers by being legal advisers for those in the music industry. It is good not to be consumed by your legal work but to set aside time to recuperate and enjoy yourself or learn a new skill. This mindset has allowed me to thoroughly enjoy the legal work that I do as I don’t allow it to burn myself out as I take breaks in between where I focus on other aspects of my life to overall become a more well-rounded person, which law firms are looking for.

    Your life mantra is “Achieve the destination but Enjoy the Journey, Work Hard and Stay Humble”, at the age of 21, where people usually unfold life. How did you welcome this enlightenment?

    I embedded this practice into my life when I finally found peace within myself. I discovered who I was and what I wanted out of life. I had ambitions that I wanted to achieve, and I made detailed personal/professional development plans on how to achieve them. From trial and error, as I developed as a person, I gained a deep understanding of how I work and subconsciously see the world. I learnt about my own strengths and weaknesses. I saw the biggest surge of my growth when I came to university, where I truly found myself and flourished into the being I am today. I built up a vast array of connections and support networks that I could rely on. I knew that I was no longer alone, and there were people who believed in me and were willing to invest in helping me achieve my vision for my life. That is when I was able to finally able to achieve the balance where I wouldn’t have to struggle on my own. I will work extremely hard and make sure I achieve what I set out for. However, because I have support, I don’t have to be self-obsessed with it and miss out on enjoying the opportunities that life passes at the moment because I was too focused on the big overall endgame.

    What advice would you give to students worldwide who want to contribute to the bigger picture in society and build a career?

    I would say to them my life mantra, as stated above. However, I would also say that whilst you need to work hard overall, you need to first take time to reflect and see what priorities you want out of life. You need to know who you want to help, why you want to help them and how you are going to do that. Once you have those goals penned down, you have a clear objective that you can break down into smaller objectives that are more manageable to achieve over a longer period of time. One of the most critical things young people can do right now in building their careers and changing society is to find those who have already embarked on their path and learn from their experiences. Seek out mentors who have gone down the road that you want to go on and let them navigate you through the obstacles so you can avoid all the mistakes that they encountered on their own journeys. They can also provide you with the connections that may multiply into even greater opportunities that you couldn’t even comprehend.

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  • PRITISH SAHOO, LAWYER (LEGAL AND REGULATORY) AT VIACOM18 MEDIA PVT LTD, SHARES HIS EXPERIENCE WORKING AS A COMMERCIAL LAWYER, HIS INTEREST IN IP & TECHNOLOGY, AND HIS ADVICE TO LAW STUDENTS AND YOUNG LAWYERS

    PRITISH SAHOO, LAWYER (LEGAL AND REGULATORY) AT VIACOM18 MEDIA PVT LTD, SHARES HIS EXPERIENCE WORKING AS A COMMERCIAL LAWYER, HIS INTEREST IN IP & TECHNOLOGY, AND HIS ADVICE TO LAW STUDENTS AND YOUNG LAWYERS

    This interview has been published by Maaz Akhtar Hashmi and The SuperLawyer Team. The Interview was taken by Priyanka Cholera.

    Having studied law at KIIT University, you established a keen interest in Intellectual Property Rights (IPR) and corporate law, what drew you towards IP and Technology?

    I was always expected to go into the conventional fields of engineering or medicine. But the zeal of writing and my interest in policies governing the nation drew my initial interests towards the field of law. Further, during my law school days, having my background as a science student attracted my interest in the field of IP and technology – which is an ever-emerging field that draws a lot of curiosity among the young and old minds alike.

    During your graduation, you also were an Offshore Research Assistant for Cobalt Business Counsel PC. Could you explain how you stumbled upon this opportunity and the roles and responsibilities you undertook during your tenure?

    Cobalt Business Counsel is a Canadian legal processing firm, which was introduced to me by one of my seniors at the law college. Being offshore research assistants – we are expected to research Canadian case laws and make summary reports. Additionally, we also handled contract extraction to create clause banks for the team. The engagement at Cobalt was particularly important since it gave me first-hand knowledge of working with lawyers outside of India. This job also gave us the much-required financial independence while still studying in college.

    You joined the offices of Wadia Ghandy & Co., one of the country’s premier law firms, immediately after law school. How has that experience shaped you and contributed to your interest in the field of media & entertainment laws?

    I got selected for Wadia Ghandy & Co. during my college placements, wherein initially I worked in the banking and finance team and then in the general corporate team. While being at the firm, I got a few assignments on the media domain, which is where my interest grew in the field of media and entertainment, and that’s when I decided to specialize in that subject.

    You joined the postgraduate program at NALSAR, where you specialized in media laws. Can you tell our readers the importance of work experience before choosing an area of specialization?

    I completed the post-graduation in Media Laws from NALSAR while I was working with the law firm. This was particularly important since I had already worked on a few assignments. This is when I decided to specialize and enhance my learnings in the field of media, which ultimately opened better opportunities for me in the M&E industry.

    You started working as a Senior Legal Executive with Shemaroo Entertainment Limited. Could you share your experiences working with a leading Indian media and entertainment industry?

    The transition from a corporate lawyer at a law firm to being an in-house lawyer at a media company was particularly interesting. Being an in-house counsel has its fair share of advantages since the work was not limited to advising on the legal side of a particular deal. It is expected to understand both the legal as well as the business aspects in a more detailed manner and provide informed advice to the benefit of the company. At Shemaroo – I got the first-hand knowledge to know the distribution business of a prominent media company which further honed my skills as an in-house media counsel.

    You went ahead to work with BBC Studios as their lawyer for Business and Legal Affairs (Asia). Would you like to recall your interesting role working with arguably one of the biggest media broadcasting companies in the world?

    I was the sole legal counsel for the BBC Studios for their business in India, and working therein was an overwhelming experience. At the BBC – my team was based out of Singapore & London, which gave me the opportunity to work with lawyers around the globe. This role gave me insight into what it takes to be an in-house lawyer on a truly global scale while adjusting to different cultural ethics and time differences. I was also fortunate to find some great mentors while working therein and whose advise, and experience have further ushered my skills and expertise in the media and entertainment domain.                                                      

    After your brief stint with BBC, you joined Viacom18 Media Private Limited in their legal team. What responsibilities do you shoulder being part of the aforementioned team?

    At Viacom18, my role primarily requires me to handle agreements for its flagship entertainment channel ‘Colors’. A general day revolves around drafting and negotiating various types of agreements, including but not limited to production agreements, agreements with various artists/talents, agreements with music labels, content acquisitions, and syndication agreements, amongst others. Being a part of the legal team of a major broadcaster provides for a wider opportunity to understand the nuances of the ever-changing media landscape in the country while working for some very exciting big-ticket deals.

    The newly implemented IT Rules introduced by the government lay down a three-tier regulatory mechanism for the OTT platforms. How do you foresee the present rules will affect the media & entertainment industry?

    OTT platforms have become increasingly popular in our country, especially during the pandemic. Unlike the laws regulating the traditional media, no specific laws are regulating the content available on these digital platforms, save and except for certain sections under the Information Technology Act, 2000. While most of the platforms had signed a self-regulatory code, the Ministry of Information and Broadcasting enacted the Intermediary Guidelines and Digital Media Ethics Codes, Rules,2021. These rules make it imperative for the platforms to self-classify the content and to set up a 3-tier grievance redressal mechanism. With the unprecedented growth of the OTT  platforms in the country, regulations were always expected to come out. And I believe that the regulations will also assist in streamlining the content that is being made available on the digital platforms and bring about some or little level playing field vis-à-vis the traditional television/film industry.

    Your LinkedIn bio reads that “you are an experienced negotiator who thrives on applying the law to negotiate and close a deal keeping in mind the best interests of a client.” Can you share with us any professional anecdotes where you had a similar takeaway?

    I believe one of the most important soft skills that are essential for any corporate lawyer is to excel in is the art of contractual negotiation. And this applies to all fields and industries alike. And as a business and legal counsel – it is more than imperative to understand the exact needs of a particular deal and to be a business enabler. An in-house counsel is expected to provide informed advice to the business teams while mitigating the legal exposure of the Company.

    What advice would you have for law students & young lawyers who want to pursue a career in media law?

    Indisputably, a career specializing in the M&E field is an exciting choice, given its visual appeal. It does give a sense of genuine satisfaction to see the project that you were working upon, coming live on the big screen, and seeing your name in the credits roll. However, having said that – students and young lawyers need to be mindful of the fact that the opportunities in the M&E industry are limited in comparison to other sectors. Hence, they should keep their options open, especially when they are just starting. I strongly believe that one should try a few different avenues and fields of law – before finding his/her “Ikigai” and then excelling at it with full force. Nonetheless, the entertainment industry has undergone a paradigm shift in recent times with the penetration of the internet to the masses and the ever-increasing popularity of digital platforms. Hence, it’s safe to suggest that there cannot be a better and more exciting time to be an entertainment counsel.

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  • KAVITA JITANI, CO-FOUNDER AT BONDHU, ON WORKING AS A LAWYER AND HER DECADE LONG PROFESSIONAL EXPERIENCE IN THE LEGAL SECTOR

    KAVITA JITANI, CO-FOUNDER AT BONDHU, ON WORKING AS A LAWYER AND HER DECADE LONG PROFESSIONAL EXPERIENCE IN THE LEGAL SECTOR

    This interview has been published by Maaz Akhtar Hashmi and The SuperLawyer Team. The Interview was taken by Priyanka Cholera.

    While pursuing your graduation from NLIU, Bhopal, you interned with several corporate law firms, including Dua Associates, Singhania and Co LLP etc. Can you tell our readers about your time at law school and foundational years?

    I had my initial schooling in my home state of Assam. I have been blessed with amazing and supportive teachers throughout my life. They have had a profound impact on me. One of the early lessons I learnt was – there’s no substitute for hard work. And that always push your limits, when working on your goals. Following on this, in law school (both at undergraduate and master’s level), I strived to participate in every event and do all that I could.

    I pursued a 5-year B.A, LL. B course from BMS College of Law, Bengaluru between 2003 and 2008. My college had some of the best teachers I have come across. They ensured our basics are strong. At college, I served as cultural secretary for four years and organised events of all sorts; participated in moots and co-curricular activities like debates inside and outside the college; wrote; and was amongst the top students of the class. Simultaneously with the LLB course, I successfully completed a one-year programme on Intellectual Property Rights Law from National Law School of India University, Bengaluru (NLSIU). During this time, I discovered what a treasure the NLSIU’s library was. From then on, I was at the NLSIU library atleast two days every week. From seventh semester, I interned with a litigation firm for about 8 months to learn more about how the law works on the ground. I would work at their offices after college hours till late in the night. In my tenth semester, I decided to pursue a master degree in law. In law school, I was lucky to make some good friends for life.  

    At National Law Institute University, Bhopal (NLIU) too, I was amongst the top students of my LL.M (Business Laws) batch, served as Secretary of an active cell called Centre for Business and Corporate Laws, served the LL.M placement committee for most part of the 2-year course, organised conferences including an international conference, participated in events and wrote papers. I also pursued a few certificate courses on the side. During vacations, I would intern with law firms in the metros.

    At home, we generally lead a sheltered life, all our needs are taken care of. It is only when you step out to live alone you realise what a blessing your parents and family are. In Bengaluru, I chose to share a house with friends. There I had to manage my house and related paraphernalia, but I could also set my own timetable, travel around the city and could have interests and friends outside college. At NLIU, I pursued a residential course. The two lives were pretty distinct. At NLIU, I could devote more time to academics. Because the university was some distance away from Bhopal city, having interests outside the college or visiting the city were a challenge. Both lives taught me a lot. One common lesson I learnt was – your goals should matter more than your distractions. We live far away from our families. This itself is a huge sacrifice not just for us but for our families too. We need to make every day count.

    Post your graduation, you joined M/s Corporate Lexport as a Junior Associate. Could you summarize your company journey and tell us some of the essential values your first job instilled in you?

    I had joined Lexport after an internship with them, so I was familiar with the culture and people there. Even though I had joined the firm as a corporate associate, the firm’s founder and managing partner Mr. Srinivas Kotni gave me litigation work too, given my interest. He was always eager for new and challenging work. We probably drafted the first application in India under the prepaid payment instruments’ regulations. We studied what other jurisdictions were dealing with similar instruments, tried understanding the technology these instruments were using and generally did everything in our power to best serve our client.  It was a great experience. I also drafted an SLP for an indirect tax matter within the first 6 months of joining. Professionally, my journey with the firm was enriching. 

    The first year and the first job for most professionals entails a steep learning curve. Mine was no different. I would say many of the lessons I learnt till then have held me in good stead even now.  For example – one needs to be a lifelong learner if one wants serve their clients and the profession well. If we do the small things well, bigger things would come to us. We all make mistakes but how open we are to rectify our mistakes is the key.  These days, people do not accept their mistakes. It is important that we do. It is also equally important to not beat ourselves with it, instead find a solution. A good leader and boss would also value associates who accept their mistakes and bring a viable solution on the table.

    Post your time at Corporate Lexport, you went on to work as a consultant in OSC Services and simultaneously joined as a guest faculty with the business law course at IMT Ghaziabad. What prompted the shift towards the academic side, and what was your mantra as a teacher while coaching students?

    I have always loved teaching. One of the reasons for pursuing an LL.M was to be able to teach. Also, in most jurisdictions, especially the western ones, you would find the best lawyers spending a part of their time in academia. In India too, you can find some of our best lawyers teaching as guest faculty in various institutions.

    I have always felt that to be good at the legal profession, one needs to invest time in academia too. Also, it is important to share what we have learnt with the next generation. This is how human civilization has progressed. At IMT Ghaziabad, I taught two courses – Business Laws and Economics. More than the students, I would say I have learnt from them. After IMT also, I have had the opportunity to share my knowledge with students. My mantra while teaching has been to make the classes interactive and interesting.

    You joined the Competition Commission of India (CCI) as an expert, part of the combinations team. You also drafted policy documents while working at CCI. Could you tell us some policies you were passionate about and what changes you feel are necessary when evaluating companies entering into combinations?

    When I had joined CCI in 2013, combination regulations were still at a nascent stage. The substantive sections on combination regulation, i.e., sections 5 and 6 of the Competition Act, 2002 were notified in June 2011. The principal subordinate legislation on combination regulation – The Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Regulations, 2011 – was notified in May 2011. So, there was a lot that could be done. I was pretty excited about the opportunity, after all how often do fairly newbie lawyers get a chance to create jurisprudence.

    At CCI, I had the opportunity to work with an amazing team. I particularly learned a lot from Mr. Kapil Aggarwal, Mr. Shyamal Misra and Ms. Archana Goel Gulati. We wrote papers on various topics including non-compete. We also introduced the concept of material influence within the meaning of control. In terms of procedure and practice, we for the first time collaborated with another jurisdiction on a matter. We also called for information from third parties in Phase I when we found the information furnished by parties to be inadequate. Inter alia, we created internal procedures for Phase II cases, given they are time sensitive.

    For a law to attain its purpose, it is imperative that the law is enforced and the defaulter penalised. Competition Law is a welfare legislation. In a free market economy, it is essential that there is a level playing field and that consumer interest is protected, this is where competition law comes in. For me therefore the most satisfying part was working on unreported transactions, where we successfully initiated penalty proceedings against the defaulting parties before the Commission. I am happy to share that the ratios laid down in our cases are still good law. 

    Having had an impressive stint at the CCI, you went on to become a legal consultant at Fedders Lloyd Corporation Ltd., where you handled all legal matters for the group. How was your role different as compared to in-house counsel?

    I joined Fedders as head of their non-lit function. My role I would say was a mix of – rendering opinions (to the management of the group companies), negotiating agreements along with business heads with external parties and seeing to it that the legal advice the Group received and agreements it entered were worked on the ground. I was also entrusted to handle the group’s antitrust cases. So, I wouldn’t say my role was different from that of a typical in-house counsel. I understand that in-house counsels these days handle company affairs’ just as law firm lawyers do. These days, I feel in-house counsels need better business acumen and personality management skills.      

    Continuing your love for competition law, you joined CCI again as their resource person for Competition law advocacy, following which you joined Samvad Partners in their Competition law team. How would you advise a younger set of lawyers/law students who want to venture into the said niche?

    Here, I would like to correct you. The role of Resource Person with CCI was concurrent with my role with Samvad. There was no conflict between the two roles.

    Not as an advice but more as life learnings – please read not just Competition Law of India but also allied laws like Contracts and Companies Act. SEBI is an older regulator in India and I would say amongst the more successful ones too. SEBI’s discussion papers and orders can help you understand how an economic regulator ‘thinks’. Further, since Competition Act, 2002 is pretty new, one needs to regularly read about how the EU and the US are dealing with competition cases there. Also, because India is an OECD member state, ideally one should keep oneself abreast of OECD round tables and discussions. 

    You were a part of the Competition team at Samvad, where you came up the ranks from an Associate to a Senior Associate. Considering the attrition rate at Tier-1 law firms is so high, what would be your suggestions to young associates on surviving the pressure and climbing the ranks?

    Actually, I was legal head of Fedders Lloyd group for its non-lit function. It may sound very cliché but to be honest so far in my life I haven’t really cared much about positions. Probably because of my family of entrepreneurs. I have always felt that a person makes the position rather than the other way round. In every walk of life, you would find that people who are good at what they do, command respect. In 2016, I had joined Samvad’s Mumbai office because of the work I could do there. Samvad’s Mumbai partner Ms. Vineetha MG is amongst the best lawyers I have worked with so far. Amazing work ethic, self-made and a good human being. I am glad I chose to work with her.

    If I were to advise young lawyers, I would say – (a) Do your work to the best of your abilities. In the long run – your work is all that matters. (b) Network and collaborate. Look for shared goals rather than points of disagreement. (c) If you want to be successful, do not run after big names. Instead look for people you would be happy working with, people who you can learn from. If you find a toxic workplace, just run! Our profession is all our mental ability and strength. No amount of money can compensate for mental trauma.

    Being head of Antitrust Compliance at Flipkart Internet Pvt. Ltd. What do you believe will be the significant competition concerns in the online world a few years from now, considering we have multiple businesses for the same area being introduced daily?

    Worldwide, e-commerce is growing at a rapid pace. The pandemic has only quickened its pace. The digital economy, unlike the traditional economy, is largely managed by algorithms. With the growth and development of artificial intelligence, I would think human intervention in creating these algorithms would lessen as we go along the path. Regulators worldwide are already grappling with newer challenges posed by constituents of the digital economy – for example, in merger regulation, we are still debating how to value e-enterprises when their revenues are in the negative, and their assets, as we understand in the traditional sense, are way lesser when compared with a traditional business wielding as much market power.  Given network effects, an e-commerce enterprise with a considerable subscriber base can fairly easily expand in other markets. E-commerce giants entering payments or established e-commerce enterprises venturing into music streaming and reading devices are cases on point. This benefit may not be as readily available to new enterprises. In India also, we have had a number of cases where the aggrieved parties found fault with actual/potential vertical integration of e-commerce players. Also, it is being argued that collusion in the digital space is easier than amongst traditional businesses. Among e-commerce players, finding or proving concerted action is difficult, mainly because not every competition regulator is equipped to deal with such issues in terms of technological knowhow. Also, many a times what may appear to be concerted action can just be innocent parallel behaviour arising out of algorithms.  The other concern would be how to ensure a playing level field qua information or data of consumers. The privacy concerns per se hopefully would be taken care of by separate privacy legislations.

    Few know that you have cleared the NET exam and are a Six Sigma Yellow belt holder and a Tax Return Preparer. How did you manage to do all this while being entangled with so much work? What would be your advice on managing work and also continue following the process of learning?

    Like I said before, if one wants to serve their clients well, there is no escape from constant learning. I have always enjoyed and loved the profession of law. But in the humdrum of everyday life, many a times we lose focus of our life goals or why we took up the legal profession in the first place. I feel it is nice to reboot sometimes. Also, I feel we shouldn’t wait for retirement to do things we like apart from our profession. So, I consciously make an effort to take breaks of a month or longer every few years, just to explore life. For example, in 2012 I was on a two-month long sabbatical when I took up the Income Tax Department’s TRPS programme and appeared for UGC-NET. These breaks have helped me immensely not just to add to my academic credentials, but also to rejuvenate and reconnect with my roots.

    From 2010, you have been associated with Xomidhan as a subject matter expert/counsellor for law, a not-for-profit organization providing career counselling to students of the North East. What advice do you instil in students generally for a successful career in law, and what would be your three most important lessons for any student to follow?

    For your readers’ benefit, Xomidhan is a not-for-profit social enterprise which has been providing free career counselling online through a 300+ strong army of subject matter experts. Everyone at Xomidhan works pro bono. Given north-east suffers from information deficit, relatively speaking, we focus mainly on the north-east. Also, since most of us are from the north-east, it helps us to cater to the audience there better.  Xomidhan has received multiple recognitions for its services.

    At Xomidhan, there has been a massive change in the kind of questions we receive on law as a career stream. In 2010, for example, people would ask if a career in law could sustain them financially. Now the questions are mostly on which law stream they should choose or scope of dual specialisations. Our constant advice through this change has been – work hard, read and like what you do.

    You have set up Bondhu, an EdTech social enterprise aiming to provide entrepreneurial opportunities to individuals of the northeast region of India. How this noble idea was conceived in the middle of a pandemic?

    Before I answer your question, let me tell you something about myself. I come from a traditional Marwari business family of Upper Assam. I spent the first 10 years of my life in a sprawling joint family home in a small town of Assam called Naharkatia. During those days, connectivity to the outside world was limited. We had little to no cable television. Even newspapers would reach us two days after the date of publication (newspapers like Economic Times would reach us after a week). Our region would suffer from natural and man-made calamities often. Innovation was limited. Our natural resources mostly remained untapped. Apart from tea and timber, we weren’t exporting much outside the region. Even though Assam and the Northeast have changed for the better in the last two decades, the region is a long way away from attaining its full potential. Working with Xomidhan made me realise that our region needs entrepreneurship where home grown entrepreneurs find local solutions for local problems and take the region’s unique offerings to the world. For example, Himalayan turmeric grown in our region has double the amount of curcumin found in other varieties of turmeric. We have a wide variety of indigenous orchids. Most of the north-east is scenic. Bird treks, hills treks, nature walks, adventure sports and training have huge tourism potential. However, entrepreneurship is the last option for most from our region still. I always thought this needs to change but didn’t know how. Opportunity with NSRCEL, IIM-B last year gave a more concrete shape to it. Inter alia, I learnt how to do market research, find solutions, and design the whole process. I also got a huge network of friends as a bonus, which helped me hone my idea even more.

    Speaking about Bondhu, what are the goals you intend to fulfil in the next year and how do you see the organization growing over the next few years?

    As I was saying before, most people from the northeast think, plan and aim only for jobs. From surveys, we found that people wish to explore entrepreneurship but are stopped mostly by lack of knowledge or knowhow. We at Bondhu want to bridge this gap through education, mentoring and funding support, in that order. We understand that not everyone can be an entrepreneur but after the NSRCEL stint I can say with confidence that an entrepreneurial attitude is necessary to succeed even in a typical job.

    For education, we have designed an online weekend-only course to equip participants with necessary know-how to be entrepreneurs. Some of the areas we would be covering are design thinking, how to identify, formulate and solve problems, social media marketing, hiring, basic accounting, pricing strategies, certain soft skills, etc. The programme would be open to all irrespective of domicile. It would be delivered by teachers from premier institutions, successful entrepreneurs and experienced trainers. We would also have scholarships for deserving participants. All the participants, subject to certain conditions, would be eligible to receive mentoring support. They can also pitch to investors through Bondhu for funding support in the future. We plan to launch this programme early next year. At present, we are looking for partnerships to increase the programme’s reach.

    Separately, we are also collaborating with incubators countrywide to provide legal services to their incubatees.

    In the next 5 years, we want to help develop a crop of entrepreneurs who could take our region and the country forward. In the next two years, we aim to partner with state run incubation centres, where the skills of our participants can be further honed, and they receive state funding to take their ventures forward. In short, I hope Bondhu can help change the entrepreneurship landscape on the ground for the better. So that, no good idea remains buried.

    Your journey will inspire our readers to explore new ventures in their careers; can you tell our readers how you bravely pursued various disciplines and not let fear of change hold you back?

    Fear is natural. But invariably majority of our fears are unfounded. Personally speaking, I try doing a SWOT (Strength, Weakness, Opportunity, Threat) analysis before venturing into something new. What is the best that can happen and what is the risk-reward ratio? What would it take to be successful? I also try to evaluate what is the worst that can happen if things don’t go as planned. After all, even the best laid plans can fail. Am I ready to face the worst?

    For example, in my present role, I have learnt a lot about handling people and emotions, pitching and identifying opportunities. I am sure these learnings would help me in any future role I may take up. So, actually there is very little to lose. I think it also helps because I am okay to start from scratch if required. Probably I will do better the next time. 

    Any new path presents newer opportunities and challenges every day. It can teach you much more than any academic course in the world. Change is always scary in the beginning. Unless you are happy with status quo, I would think it is important to take calculated risks. One common mistake we make is – we are more concerned with others would think rather than our gut feeling. Don’t take yourself too seriously. No one is thinking of you as much as you think they are. Its okay to fail sometimes. But it is not okay to not try because of fear of failure. In the worst case, even if you were to fail, you would know what not to do, next time.

    Here’s wishing all the best to all your readers!

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  • PARAS PAREKH, PARTNER AT PARINAM LAW ASSOCIATES ON ESTABLISHING HIS CAREER IN CORPORATE AND COMMERCIAL LAWS, WORKING AS A PARTNER AND HIS ADVICE TO LAW STUDENTS AND YOUNG LAWYERS

    PARAS PAREKH, PARTNER AT PARINAM LAW ASSOCIATES ON ESTABLISHING HIS CAREER IN CORPORATE AND COMMERCIAL LAWS, WORKING AS A PARTNER AND HIS ADVICE TO LAW STUDENTS AND YOUNG LAWYERS

    This interview has been published by Maaz Akhtar Hashmi and The SuperLawyer Team. The Interview was taken by Priyanka Cholera.

    Having completed your graduation from the University of Mumbai in commerce, you pursued LLB. What prompted you to choose Law as a career?

    I used to assist my uncle, who is an independent advocate in Mumbai. I started going to court during my college vacations. Those days I would just carry the bags and assist the court clerk. I would wait for matters to reach and inform my uncle when they did. The idea was to do something productive during the holidays.

    During that time, I heard Mr. Veerendra Tulzapurkar argue a matter. His clarity of thought and precise articulation of the matter really impressed me. That’s when I decided to become a lawyer.

    You joined AZB & Partners as Associate Lawyer immediately after law school. How has that experience shaped you and contributed to your interest in Corporate & Commercial Laws?

    I had done an internship with a company secretary firm where we would handle compliance for various corporates. After that, I worked with a law firm that represented the Securities and Exchange Board of India before the Securities Appellate Tribunal. I, therefore, had some experience handling corporate and securities work before I joined AZB.

    However, my stint at AZB has been the most significant learning experience in my career. I had to unlearn everything I knew to be able to adapt to the way AZB worked. Professionally I experienced about 10 years of learning in my 3.5 years at AZB. I was fortunate to work directly with stalwarts like Zia Modi and Shuva Mandal. However, my most significant learning was under Mr. Nikhil Sakhardande (who is a Senior Advocate in Mumbai now). He trained me with great compassion and patience and revived my interest and confidence in law.

    One of the best things about AZB is that it trains you to be an all-round lawyer. However, when I introspect now, I feel I should have done much more justice to my role at AZB, which I missed on account of my puerility.

    You worked with J. Sagar Associates (JSA) as a Senior Associate for almost a decade. Would you share with our readers the array of work you handled and one of the most interesting transactions you witnessed during your time with the firm?

    I was part of the securities team at JSA under Mr. Somasekhar Sundaresan, a luminary in the securities practice. Our team was a hybrid between a law firm and a counsel’s chamber. We did our drafting, arguing and filing like a one-stop-shop for securities litigation matters. We also did a fair amount of advisory, documentation, structuring and strategy work, especially in the corporate and securities sphere. We even vetted PR strategies, especially in high stake or ground-breaking matters. I could be appearing in court, advising on takeover regulations and conducting an internal audit for a transnational corporate all in a day. The work culture at JSA was as amazing as the work itself.

    It is difficult to pinpoint any one mandate that counts as interesting. No matter the stakes involved, each engagement helped shape our ability to look at the law in a different light.

    You have been instrumental in representing SEBI, FPIs (Foreign Portfolio Investors), mutual funds, stockbrokers, and other securities market intermediaries and self-regulatory organizations such as AMFI and NSDL. Could you tell our readers how you approach and navigate through high stake matters?

    The fundamental assessment is the understanding of the culture, ability and approach of the client. This enables a clear determination of the end goal in every engagement, which in turn enables a clear strategy and approach. Some clients prioritize their legacy, whereas some prefer to save costs. Each client and each engagement, therefore, require a different approach. Knowing the ability and end-goal of the client enables a legal strategy within the confines of the law to ensure the best outcome.

    What responsibilities do you shoulder as a Partner at Parinam Law Associates? How do you strive towards a good work-life balance amidst a busy corporate life and law?

    The role requires everything from client interaction to drafting to research to office administration work. It is both exciting and challenging at the same time. Fortunately, we have a great partnership and a great team that helps make the work easy.

    The most important aspect of balancing work and life is intention. One must intend to not compromise on their professional duties and must want to have a life outside of the profession. Everything else will flow. For instance, someone who is clear about not wanting to take work home will work on ensuring that it gets concluded during office hours. They will proactively ensure that the work is done in a way that there are no loose ends in their deliverables. They will choose to be clear and precise in their work in a way that there is less wastage of time. They will minimize procrastination. The intention to complete the work within office hours is a wonderful tool to ensure heightened productivity, organized approach and time management. This one switch in the approach that my teacher taught helped me immensely.

    What qualities do you find to be indispensable while hiring fresh talent for your team?

    Dependability. It is an all-encompassing kind of trait that must permeate all aspects of a professional. Being on time, being well-researched, attention to detail, and being a good team player are all aspects of what makes a professional dependable to the organization, their colleagues, and the client.

    A clearly drafted CV with specific clarity about the work experience is easy to spot. We once hired someone based on the clarity of their application email.

    One of the reasons I prefer to hire people who have interned with us is that there is a clear insight into their work. For lateral hires, I check with their previous seniors about the general approach of the candidate. The method has worked so far, and I have been very glad for most people we have recruited.

    Looking a decade back, from being an Associate to Partner at a leading law firm. Could you share some striking characteristics which helped you with this meteoric rise?

    It was hardly meteoric. As I said earlier, there were a lot of things I wish I had done differently that would have ensured less struggle for me. Fortunately, I could approach things better after I met my teacher. He taught me the importance of having the clear intention of being proactive, efficient and clear in thinking. I think it all boils down to being sincere in one’s role, whether it is as a professional or partner. Every person one associate with, looks for dependability in whichever role they are in. Sincerity entails understanding what people I associate with, whether they are partners, clients or colleagues, what they expect from me and doing justice to the association. This approach that my teacher taught me has helped manyfold in being able to handle multiple roles. It has also brought relative peace and structure to my life.

    The surge in companies reporting frauds amid an uptick in retail investors’ interest in equities is a dangerous trend. According to you, how can the Indian Government step up in monitoring and regulating the Indian capital and securities market?

    There is a lot being done. We have some of the best agencies in the world that look at complex businesses and are proactive in regulating markets. However, recently, there has been a spate of failures, especially amongst stockbrokers, that reduce investor confidence.

    More efficiency can come about if regulators were to be more objective about their approach. One often finds that there is a lot of regulatory time and cost spent on matters not requiring intervention. That time and cost can be better spent on matters having more impact on the market. Like any other organization, regulators must confer with external experts on general approach and policy at a Board level to enable better direction.

    Increased surveillance measures backed by robust IT systems are a need of the hour. Real-time data assimilation with scope for alerts in case of major deviations may enable timely intervention. Another area of improvement is the scope and nature of the audit. Instead of treating audit as compliance, it ought to be made a sub-regulatory measure. Incentivizing auditors for reporting substantial non-compliance and penalizing them in case of failures will act as a strong deterrence.

    The pandemic has completely changed the ways industries operate. Which trends do you expect in the legal industry in the upcoming decade?

    One of the most positive developments has been the e-filing and online hearing method. Courts were able to function quite well despite the lack of physical interaction. Having some courts online will enable quicker disposal, better reach and lesser costs, especially for litigants. One hopes that it continues alongside regular courts.

    Another aspect is cost savings. The pandemic, like all unforeseen events, has brought awareness on a lot of factors previously disregarded. Work from home, rotating schedules, smaller administrative set-ups, leaner workforce are some of the apparent cost-saving devices that should go a long way.

    What would your advice be to all the young lawyers and law students, who are passionate about making a career in law?

    It is very important to take the initiative. One must make the most of their prime years in the profession by taking up as much work as possible. This will enable a kind of confidence that only comes with experience. Take up any number of internships or assignments that come your way. Do everything from intellectual property to criminal law to labor law to corporate work. Every assignment and every experience will add up. Also, it is important to not let that chip develop on the shoulder – to shrug it from time to time. Don’t expect high marquee deals and matters every time. If you get it, fine; if not, work on small matters with smaller firms and find your way up. Develop lasting professional friendships. One day it will all seem worth it.

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  • BAHULI SHARMA, ASSOCIATE (LITIGATION & DISPUTES) AT BHARUCHA & PARTNERS, ON BEING A RHODES SCHOLAR, HER INTERNATIONAL ACADEMIC EXPERIENCE AND HER LITIGATION JOURNEY AT THE FIRM

    BAHULI SHARMA, ASSOCIATE (LITIGATION & DISPUTES) AT BHARUCHA & PARTNERS, ON BEING A RHODES SCHOLAR, HER INTERNATIONAL ACADEMIC EXPERIENCE AND HER LITIGATION JOURNEY AT THE FIRM

    This interview has been published by Maaz Akhtar Hashmi and The SuperLawyer Team. The Interview was taken by Priyanka Cholera.

    You’ve presided over debating societies and have been a part of MUNs since your school days. You have also served as the President of the Debating Society at St. Stephen’s College as well as a debate coach to students at Vasant Valley School, New Delhi. Did your inclination towards debating and public speaking make law a natural career option?

    Since school, I had participated in and enjoyed theatre, debating, and any other co-curricular activity which involved interacting with people or facing an audience. Growing up, I developed a keen interest in politics and participating in debate competitions meant deliberating upon topical issues of relevance pertaining to both national and international affairs. So, I would say that I was interested in becoming a lawyer since school, but my initial interest in criminal law was triggered at Stephen’s, while reading for history, through my study of the intersection between penal and coercive processes of the colonial rule. My gravitation towards law was a culmination of all the of the above: my flare for debating & public speaking coupled with my study of Indian history!

    You graduated with LL.B. from Delhi University and then went on to pursue BCL, you also pursued double Masters from the University of Oxford and Harvard Law School. Can you tell us about your experience at these various world-renowned alma maters?

    My experience as a law student at Campus Law Centre, Delhi University, was exciting and enriching.  Faculty of Law, Delhi University was like India in a microcosm: a melting pot of diversities. I met students with varied ideological beliefs and opinions. Apart from academic exposure to law, my three years at CLC offered me a real & practical insight into student politics and election campaigning.

    My two years at Oxford, academically, were instrumental in giving me a legal and theoretical insight into the functioning of different criminal justice systems. During the BCL, my study of the relationship between criminal justice, security, and human rights helped me understand the interplay between intersecting but ostensibly competing rights of liberty and security, especially in cases of terrorism. Courses such as Children, Families, and the State, helped me gain a foundational understanding of Children’s rights and agency and the way legal systems should accommodate their interests. The MSc, on the other hand, helped me understand the sociological context in which crime occurs and explore both qualitative and quantitative research methodologies in the field of criminal justice.

    At Harvard, I decided to venture out of my comfort zone and explore different facets of criminal law through my study of white-collar criminal and cyber-criminal law. Additionally, the Harvard LLM provided me with the opportunity to study Fintech & its interaction with different legal systems in the world. As somebody who had no prior knowledge about Fintech, Blockchain or Cryptocurrency- the course provided me with the unique opportunity to learn about how emerging technology impacts extant legal systems and regulation.

    Apart from the academic exposure, I also had the opportunity of making life-long friendships and being mentored by some of the best professors. This made my time there enjoyable and wholesome.

    The Rhodes Scholarship is the oldest and perhaps the most prestigious international scholarship programme in the world. Could you suggest to our readers an ideal roadmap to qualify as a Rhodes Scholar?

    Simply put, there is no specific roadmap. The Rhodes Scholarship, more than anything, is about authenticity: about unapologetically being yourself. Applying for the scholarship was not a knee-jerk decision for me. In my first year at CLC, I had decided that I wanted to pursue my master’s from an International University. I worked towards that goal for the next three years and finally applied for the scholarship in 2015. During the application process and my interviews, I realised that there is no prototype of a Rhodes scholar: anybody and everybody can and should apply. I think the commitment to service, humility, authenticity, and perseverance are the four pillars of the scholarship. This belief was further strengthened when I met Rhodes Scholars from across the world at Oxford- we were all very different from each other! The only thing in common between us was our collective and individual desire to give back to society.

    What would you advise to all the forthcoming applicants who are applying to universities abroad?

    Firstly, the decision to pursue your education outside India should not be an impulsive one. It should be well-thought-out and deliberated upon as the application process is extremely tedious and fastidious. It requires a lot of dedication and time.

    Secondly, I would recommend extensive research before you begin the process. I spent months just reading up about universities in the United States and the United Kingdom to understand their admission processes, requirements and, more importantly, to gauge the academic ethos of the Universities. The American process is quite different from the English one in terms of SOP focus and academic/extra-curricular requirements. After this, I read up on all the potential scholarships that I was eligible for. Subsequent to this, I prepared a list of my preferred Universities and the scholarships I wanted to apply for. Once my groundwork was done, I had dived into the application process. This helped me streamline the entire process, which can otherwise be a bit overwhelming and daunting.

    You have worked as a legal consultant to HAQ – Centre for Child Rights. You have also served as the Convener of the Legal Aid Society. Speaking, retrospectively how can law students make a difference when it comes to legal aid and legal-social work?

    My work with the Legal Aid Society and then with HAQ (2018-2019) gave me direct exposure into the actual working of the criminal and the juvenile justice system in India. It additionally also gave me the necessary insight into the systemic challenges faced by our criminal justice system.  Particularly, my research projects with the Delhi State Legal Services Authority shed light on the several institutionalised impediments faced by the incarcerated in actualising their legal entitlements and the general apathy of the justice system to prisoner rights and well-being. My work as a paralegal also made me aware of the paucity of research into the causes of criminogenic behaviour and the general gap between academic research and praxis in the field of criminal law.

    Law students are in a remarkable position to facilitate change at both the ground level through fieldwork and through the law in courts. Exposure to fieldwork is essential for lawyers and law students alike to discern the complex challenges faced by our criminal justice system in order to craft a purposive and humanised approach or to create feasible/sustainable interventions. Law school is a great place to garner this experience- law students should volunteer as much as they can during their study of the law. I believe legal aid work prepares you for litigation in courts in India.

    You are presently working as an Associate at Bharucha and Partners in the Litigation & Disputes Team. Could you highlight how a foreign LLM helped you in litigation? How has your experience in litigation been since you returned from Harvard?

    My academic experience helps in legal research and in developing submissions and arguments grounded in legal jurisprudence. The LLM trains one to discern the fundamental legal principle behind an issue. It also inculcates the skill to analyse and organise voluminous material in a coherent manner.

    Upon my return to India last September, I hoped to work and broaden my experience in criminal litigation, with a special focus on white-collar criminal law, anti-corruption, governance, and international financial crimes. Bharucha & Partners’ Litigation & Disputes Team was the perfect fit- a small team with a lot of criminal trial work. The litigation team, led by Mr. D.P. Singh and Ms. Sonam Gupta, specializes in white-collar crimes and regularly appears before Courts and Tribunals in cases involving both domestic and international financial crimes and general criminal law. Under their collective tutelage, I have had the chance to appear across all levels of the adjudicatory process.

    You recently cleared the New York Bar examination and the England & Wales (MCT) Examination and will be qualified to practice in three jurisdictions soon. Could you throw light on the process to register for bar examinations outside India and how to prepare for the same?

    I qualified for the Indian Bar in 2016. I sat for both the New York and England & Wales Bar (MCT) examinations this year.

    To be eligible to sit for the New York Bar Exam, you need to have an LLM from an American Law School. Further, you need to dedicate approximately 12 credits to the Bar Exam during your LLM. On the other hand, you don’t require an LLM to sit for the England & Wales Examination. You only need to be a lawyer qualified to practice in a common-law jurisdiction.

    It was challenging to manage my preparation with work, and it wouldn’t have been possible without the unconditional support of my team. Preparation for both exams is extremely arduous- especially, New York. Both examinations require consistent dedication and a lot of discipline. I used to devote 4-5 hours during weekdays and approximately 10-12 hours a day during the weekends.

    You have also been invited by International Organisations such as WIPO and leading law schools in India to deliver guest lectures on Fintech & Emerging Tech.  Your work has also been published in international journals. Are you interested in simultaneously pursuing a career in academia?

    I am definitely interested in contributing as visiting faculty at universities and law schools in India. I have been fortunate enough to be invited by some law schools in this regard. Further, I really enjoy legal research and legal writing. Going forward, I would like to write and publish more on topical legal issues. I feel this provides an opportunity to conduct in-depth research on a particular area of law and to pen legal arguments in a cogent manner which in turn helps gain clarity on the law. Similarly, teaching a subject also sharpens your understanding of a particular area of law as you explain the concepts in a simple way (often through illustrations and examples) to students.

    What does your legal career trajectory look like? What advice would you have for law students & young lawyers who want to pursue a legal career in a similar direction to yours?

    Honestly, my heart lies in child rights and juvenile justice, but I hope to garner as much experience as I can in the next 4-5 years in different areas of law before jumping back into it and establishing my own practice. Eventually, joining politics is also on the cards.

    I think my advice is that law students and young lawyers shouldn’t be in a hurry to specialise. There is merit in being a generalist rather than a specialist early on in your legal career. Second, be kind to yourself during the process. I have a hard time practising this as well, so this is my advice to myself too. Failure is inevitable, and you need to keep at it despite it. Third, invest in your friendships and relationships. Take out time for people who matter. Don’t prioritize work over your mental & emotional well-being. On your worst days, your investment in your friendships will always come through.

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