Super Lawyer

Category: Law Firm

  • It is not necessary to know everything about what a transaction entails in your initial years, but you should either find answers to or have the will to ask questions regarding aspects that are introduced to you-Pranav Gadi, Founder – Gadi & Associates

    It is not necessary to know everything about what a transaction entails in your initial years, but you should either find answers to or have the will to ask questions regarding aspects that are introduced to you-Pranav Gadi, Founder – Gadi & Associates

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

    Can you walk us through your journey and share what led you to pursue a career in law, particularly with a focus on corporate mergers and transactions? 

    Many decide their career paths while they are about to enter Class 10 in school. While my mind was always inclined to take science and pursue a career in medicine, destiny took me to Accountancy in my 11th and 12th. Blessing in disguise, as it felt that I got into the subject where I belong. So my journey started there. With the preliminary learning of accountancy, I decided to pursue a career in commerce and took admission in B.Com (H) in Delhi University. It was around the end of 2008, where I was still wondering whether it would make sense to do an MBA (like my peers) and move on to joining a bank or a consultancy in finance, but then again I was destined to be introduced to a subject called ‘Corporate Law’ during my 2nd year of B.Com. It was fascinating as I was always keen to learn about companies and their functioning, given that we grew in the era of blooming joint ventures, international tie ups and growth of Indigenous businesses in India. I was intrigued to know how much running a company is driven by accounts and mathematics, and thus, that’s where it all began. I chose to pursue a career in law. However, maybe I wasn’t prepared enough, and I failed my first attempt into Delhi University (Law Faculty) in the entrance exam. It was 2009, peers had found their place and here I was wondering what I should do now. I decided its time to drop a year, work with a financial advisory company and reattempt the Law entrance exam. I joined Law Faculty in 2010 and graduated in 2013 with a degree in B.Com (H) and LL.B. During my student days at the Faculty I continued interning with different law firms in New Delhi, NCR. My most memorable internships were at J. Sagar Associates (my first job). I was given an opportunity to join JSA in August 2013 and I continued working there for a while before I moved onto other law firms such as Shardul Amarchand Mangaldas. My focus area in all these firms was corporate-commercial and I was given an opportunity to assist team members in ongoing live transactions ranging from business transfers, joint ventures, private equity, and other general corporate advisory services. I believe that if I wasn’t given this chance, life would probably have been very different. Thus, if at all I can say that I have gained knowledge in the field of law, the credit truly goes to those seniors who gave me the opportunity to learn. Thus, through this medium I would like to thank Mr. Jyoti Sagar (Chairman and Founder) and Mr. Upendra Nath Sharma (Partner, JSA).

    After years of learning from different lawyers and gradually taking steps to lead transactions and advise clients, in 2020 I set up a small law firm – Gadi & Associates (GnA). It was tough and challenging to make this decision but I believe that sometimes as a lawyer you have to take steps that are beyond your comfort zone to ensure that you give the soundest and best legal advice. Thus, while keeping that thought in mind, I took this decision and set up a shop (a table and a chair in my house and a banner on the window). The shop was now open. I have primarily gained experience in corporate law and so my first instinct drew me to help Clients in contractual matters. It’s not uncommon that once you disassociate with bigger brands, Clients take time to get that confidence in you, but I am grateful to my initial clients who had that faith in me and gave me my first assignment.

    2020 was the birth year of GnA with a single member team and today I run a law firm with a strength of 25 (all inclusive).

    Given your extensive experience with tier 1 law firms and now as the founder of Gadi & Associates, what motivated you to establish your own legal practice in New Delhi? 

    The key motivation to establish GnA and to take on this journey was to challenge myself in an environment with cut-throat competition. I genuinely feel that every lawyer has his/ her own way of expressing opinions and assisting clients, so one shoe doesn’t fit all. The key was to demonstrate to clients that my style of thinking and my approach to matters is unique and could yield results which they probably wouldn’t expect. While I never discount my learning years, I did feel that it was time to practice in a style and manner as I independently wished to apply, rather than aiming to make a change in the existing set up of other law firms. Having said that, establishing from scratch without any legacy in the industry did throw its own challenges and sometimes made it difficult to work, but I always kept repeating this to myself – ‘Don’t be ashamed if you fail, be ashamed if you fail without trying’. So I kept at it and kept trying. GnA came into existence and grew bigger and bigger in size, with its first office in 2021 and with now a new office in 2023. What back then in 2020 felt would be impossible, started becoming a reality and now is being lived each day with the focus to make other impossibilities a reality. So I can say this with all conviction that it was not easy to start and was surely not easy to continue, but now when I look back I say to myself that it was not that difficult too. My other motivation  was to try and bring a different approach to corporate matters. While as counsel we typically work on agreements and assist clients in negotiations, I try to understand the financial modelling behind each transaction or commercial tie up. Definitely I do not give any opinions on accounts but given my background and keen fondness to learn different aspects of accountancy, it helps in understanding and advising best legal resources and positions to have in such matters. Needless to say that a commercial tie up or a strategic alliance are primarily driven by the accounts behind it, so as a commercial lawyer it is our job to understand that relationship and advise accordingly.

    You’ve been involved in a variety of high-value transactions, including representing a global private equity fund in a multi-billion-dollar acquisition. Can you share some insights into the challenges and strategies you employed in such a complex deal? 

    It wouldn’t be fair to give any critical details in the public domain, but it a few aspects that I would like to share are: (i) Commercial Sense – When I got introduced to the transaction I was only trying to figure out in my head the commercial sense behind the matter and if the deal at that particular value made sense. That gave me an opportunity to learn something new that I hadn’t been introduced to earlier, and that was the economic benefit of the future. Many times I have heard people use the phrase ‘does this make any commercial sense’, even by me while discussing the matter with colleagues. However, I did get the answer to this question in a manner that I hadn’t expected. It wasn’t necessary to see the commercial sense of the matter in the present but rather what it would be in the near future or within a period of time being envisaged by the acquirer. While doing the matter, we get involved with the details of the matter but somehow miss seeing the macro approach of the said industry vis-à-vis other industries. So it wasn’t necessary for just this business to grow but to see how it is important for other industries to flourish and grow at the same time to ensure that the growth of this business continues and eventually that commercial sense comes to light. (ii) Due Diligence – If there is something that helps in undertaking transactions or ensuring that a lawyer is doing his/ her job, it is important to take note of the criticality of due diligence. It is not merely a report, but an action item that can change or mould the frame of the transaction. We do hear of different forms of due diligence reports, but at the end the critical aspect is ‘due diligence’. I believe my key learning here was to be a part of the due diligence team and understanding the different forms of compliances and key requirements to put together one list of critical aspects. If there were any findings that showed any legal issues then it is important to also find the recourse to such legal problems and assist in implementing the solution. We did find a few critical legal challenges here as well, but given the experience of the team I was working with, it was easy to help in implementing the correct solution and take the transaction forward. So in a nutshell as a strategy to a transaction, due diligence is key and must be undertaken with great importance.

    Your role involves advising multinational companies, startups, and family-run businesses. How do you tailor your approach when dealing with such diverse clients, each with its unique set of challenges and priorities? 

    Truly, this journey started with GnA. Prior to starting GnA it was mostly assisting large scale companies in their matters including transactions, general corporate advisory, compliance, etc. It is only when I started GnA that I understood the importance of being a ‘Generalist’. While I do say that my key focus area in law is corporate – commercial, I started branching into other aspects of law and advising diversified clientele in a variety of matters. While the category of clients in question still seem to be hinting more on corporate work, in reality it entails a number of legal aspects such as promoter relationship, family lineage planning with succession plans, asset management under different vehicles for betterment of operations, etc. This may also at times include undertaking real estate transactions, preparing wills and settlements and also managing the operations of smaller set ups in terms of division of roles. One key aspect here to note is that it is not limited to operating out of one vehicle for family businesses, our laws give us many ways of undertaking such plans. For instance a division of businesses is not merely to be driven by settlements, it could be that we divide businesses by way of demergers, slump sale, etc., and the meaning behind these transactions are completely different than what we generally do for other corporations. In the case of start ups, it is critical for a lawyer to understand the drive of the promoter(s). As lawyers it is important to understand that a promoter(s) does not generally know about compliance and applicable laws. It is the duty of a lawyer to ensure that the start up business becomes compliant with all laws while ensuring that the Promoter(s) can stay on course with the project that they initiated.

    Having assisted in the acquisition of a refractories plant and the fund raise for a logistics company, could you highlight the key considerations and legal intricacies involved in transactions within the manufacturing and logistics sectors? 

    The former was an asset purchase transaction, different from the typical slump sale transaction. In an asset purchase the key factor is identified: purchase price of the assets and transfer of each individual asset be it a plant, machinery, equipment, land, etc. Frankly, while the entire transaction was similar to any other asset purchase deal, the critical aspect of this deal was the transfer of real estate. This was probably the first time experiencing a transaction with respect to real estate where my involvement was not limited to preparing the definitive document but also to assist the client in the entire registration process. This experience was beneficial and educational as it helped my journey to start working on more real estate transactions and today at GnA we have a full real estate practice where we help with sale, leasing, mortgage and joint development transactions. The latter was a large-scale private equity transaction, where I was a part of the team that represented the company and the promoters. What was critical here was the fact that the business that we represented was becoming the growing need of the ever-evolving logistic sector of the country assisting ecommerce. As I have said earlier that not many times do you get the commercial sense from the transaction itself, but when you apply it with other sectors that are supportive sectors and see the immense opportunity there, you can co-relate as to why this sector would grow too and therefore, investments in such companies became the growing need. Although as a counsel, I did work on the investment document and assisted in the effective transaction closure in a timely manner.

    In addition to your transactional work, you’ve also assisted clients in matters relating to disputes. How do you decide to diversify from corporate to litigation? 

    Well, as I mentioned, GnA was the reason I thought it was best to be a ‘Generalist’. Where I could have decided to remain a part of other firms and continued working only in corporate law, I did choose the other path and started GnA. Given this decision it became even more important to see the world of law in the Court of Law. Thus, it all started with a simple legal notice in the case of an employee dispute. I was approached by one of my existing clients to pursue a case against an employee involved in embezzlement. This was something that in my other organisations I would have passed onto my colleagues, but at GnA I chose to take this up as my very own and moved on with the mandate. As the matter progressed and went on, I started learning this aspect ‘on the job’. It’s been roughly 3.5 years since that first notice and today I engage in large scale dispute matters ranging from arbitration, company law petitions, insolvency matters, recovery matters, etc. In fact, starting a disputes practice gave me a better understanding of how words in a contract could have different meanings in different situations. Therefore, now drafting a contract makes it critical for me to examine each provision/ clause with such combinations that maybe wouldn’t have been the case if I wouldn’t have stepped into the world of litigation. I sincerely believe that each lawyer (corporate or litigation) should gain experience of both worlds as they are complementary in nature and not as alternate professions.

    With a wealth of experience, what advice would you give to law graduates aspiring to specialize in corporate law and mergers and acquisitions? 

    To the aspiring law graduates who wish to enter the field of corporate law whether for M&A, PE, VC or general corporate advisory, it would help if you start from the basics. It is not necessary to know everything about what a transaction entails in your initial years, but you should either find answers to or have the will to ask questions regarding aspects that are introduced to you. In practice, many seniors use terms and abbreviations which any aspiring law graduate/ intern may not understand (the same happened with me), which makes it even more difficult to comprehend the entire discussion which is taking place. Thus, an on-the-job experience makes it even more important to learn such aspects by either spending time to find the answers or questioning the seniors. A senior colleague of mine once said to me ‘sometimes I forget that my junior colleague has not read this in his life’, which basically means that seniors do know that you are new to this world and will take your own time to learn, but it still will demand your full involvement in the matter by being inquisitive and focussed. A great way to get a kickstart in the field of corporate law is by doing internships with corporate law teams of firms that generally undertake transactions. As a law student who still has a couple of years left before he/ she graduates, if you are keen on becoming a corporate lawyer, you should find data about transactions and the partners of firms who undertook those matters and then try and get internships with those partners to ask them questions about the transaction. Having said that, law is a journey that involves never ending learning and every lawyer has something to share for you to learn.

    Get in touch with Pranav Gadi-

  • “Delegating responsibilities, ensuring clear communication, and fostering a collaborative environment are all aspects of managing a team which will run as a well-oiled machine”- Manish Kumar Mishra, Partner at Inttl Advocare

    “Delegating responsibilities, ensuring clear communication, and fostering a collaborative environment are all aspects of managing a team which will run as a well-oiled machine”- Manish Kumar Mishra, Partner at Inttl Advocare

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

    Can you share the pivotal moments or experiences that led you to pursue a career in law, specifically specializing in Intellectual Property Laws?

    It is said that every person has their own destiny. I had come to Delhi to crack Civil Services. Failure to crack civil services pushed me to try law. It is also true that the interest of the students in particular subjects depend upon the teacher teaching the subject. While pursuing law in Campus Law Centre, University of Delhi the discussions and interactions were very interesting, engaging and different from all the other subjects. That is what piqued my interest in the IP laws and how I decided to pursue my career in IP. My interest further grew when I started PG Diploma in Intellectual Property from Indian Law Institute and then I saw how important it was to protect ideas and creations. This realization further motivated me to explore IP laws.

    This journey has not only shaped my career goals but also fueled my passion for advocating the significance of intellectual property. I am eager to use my legal skills to support and defend the innovations that drive our society forward. 

    Given your extensive experience in handling more than 200 litigations, could you highlight a case that significantly shaped your approach to legal practice or left a lasting impression on you?

    One time, during the early days of my career, I was appearing before a Single Judge of Hon’ble Delhi High Court in an appeal against the order of the Copyright Board. I was assisting my senior who was to argue the matter and was thoroughly prepared with the matter myself. However, when the matter was called, my senior was before another court appearing in another matter. The Passover request was declined by the court and I was asked to argue the matter. I was a bit nervous but presented the facts of the case with energy. However, the Ld. Judge wanted to hear from me the application of ‘Principle of Comity’ to the case which I was unable to. The Ld. Judge then not took the time to explain the principle but also taught the same to me like a teacher. The Ld. Judge definitely sympathized with a junior caught off-guard but that experience taught me that it is not sufficient to only know the facts of your case. It is also important to know how the law applies to those facts and that there is a manner in which laws and facts should be presented before the court for understanding of the judge. I have never forgotten the ‘Principle of Comity’ since and have applied the judgment passed by the Ld. Judge in my favour in various cases handled thereafter.

    You’ve been involved in various contentions cases related to trademarks, copyright, and designs. What drew you to these specific areas within Intellectual Property, and how have you seen these fields evolve over your 15 years of practice?

    I was drawn to specializing in trademarks, copyright, and design within intellectual property because of their dynamic nature and the real-world impact they have on businesses and creativity. These areas require a delicate balance between protecting original ideas and allowing for innovation and competition.

    Over my 15 years of practice, I’ve witnessed significant evolution in these fields. The advent of the digital age has transformed the landscape of IP laws. During my journey, just as an example, I have seen issues about exhaustion of rights in physical sale of products raised for the first time. We then reached an era of online sales and issues such as those of intermediaries and jurisdiction in cases of online sales etc. cropped up before the courts and now, we are discussing the impact of AI in all domains. The changes are not only with respect to the law but also the procedures before the courts. The advent of Commercial courts, special IP Division, digital filings etc. have also made litigation for litigators and litigants hassle-free.

    The ever-changing technological and business landscape continually presents new challenges, making it imperative to stay at the forefront of legal developments. I find it both professionally rewarding and intellectually stimulating to navigate these complexities and contribute to the evolving dialogue within IP laws.

    Being a regular guest on All India Radio and a guest faculty at the Indian Law Institute, can you tell us about the role of education and public outreach in your legal career and how it contributes to your professional growth?

    Being a regular guest on All India Radio and serving as a guest faculty at the Indian Law Institute apart from various other Universities has been instrumental in shaping my legal career.

    Engaging with the public through All India Radio allowed me to simplify legal concepts and make them accessible to a broader audience. My appearances at the AIR were not only limited to talking about IP Laws but also on various other laws which are relevant for socio-economic conditions of society.

    As a guest faculty at universities, I have the opportunity to interact with aspiring legal professionals. Teaching not only allows me to share my practical experiences but also keeps me abreast of the latest developments in legal academia. The exchange of ideas with students fosters a two-way learning process, enhancing my own understanding of legal principles.

    These educational and outreach activities complement legal practice providing a unique perspective about various issues and challenges faced by students and members of the public which I might not have the opportunity to otherwise encounter.

    You’ve been a panelist at the Conclave of Dharmashastra National Law University on the topic of AI and Intellectual Property. How do you see emerging technologies impacting the field of law, specifically in Intellectual Property, and what challenges and opportunities do you foresee?

    As a panelist at the Conclave of Dharmashastra National Law University on AI and Intellectual Property, I had the privilege of discussing the impact that emerging technologies have on the field of law, particularly IP. The intersection of AI and IP presents both challenges and opportunities.

    The advent of AI has streamlined certain aspects of IP processes, such as patent searches and prior art analysis, significantly enhancing efficiency. However, it also raises challenges in addressing issues like AI-generated creations and the attribution of intellectual property rights.

    Opportunities lie in leveraging AI for more robust IP protection mechanisms and the development of innovative solutions to combat piracy and infringement. Additionally, the use of AI in data analysis has proven invaluable in identifying patterns of IP violations.

    On the flip side, challenges include the need for updated regulations to address the unique aspects of AI-generated content and the ethical considerations surrounding AI in the legal landscape. Striking a balance between fostering innovation and safeguarding IP rights in this evolving technological landscape is a complex but essential task.

    Overall, embracing these technological advancements is crucial for the evolution of IP law, and navigating these challenges presents an exciting opportunity to shape a more resilient and adaptive legal framework.

    Having conducted numerous civil and criminal raids, can you share a particularly challenging enforcement situation you encountered and how you navigated through it?

    There was a civil raid in Meerut in around 2014 which comes to my mind. I along with a court appointed Commissioner was visiting a wholesaler engaged in the sale of infringing coffee. Initially, we went to the police station wherein we were declined assistance. However, considering the Commissioner had orders from the Court and there were chances of goods being removed now, since we had given information to the Police, we reached the premises directly. The entire process was obstructed and delayed by the female family members of the shop owner and during that period several nearby shopkeepers and market leaders gathered. We were surrounded by around 80-100 people who all turned aggressive and did not allow us to conduct the seizure or even go back to our car. I then spoke to the president of the market association who was leading the mob and explained to him that the infringing activity that the wholesaler was involved in was not only harming the reputation of the client but the low quality products being sold by the party was also being consumed by the public including the families of various members of the mob. After some explaining and a cool temper kept by us throughout, the mob allowed us to invent the stock, prepare a report and leave without seizing the products.  

    Though I must add, not all civil and criminal raids have such interesting stories. While this story does not paint a pretty picture of how sometimes civil or criminal actions turn out, this also reminds me of how a calm mind, quick thinking and easy communication can help you overcome challenging situations.

    As a lawyer with strengths in team management, litigation, and public speaking, how do you balance these diverse skills in your day-to-day practice, and which aspect do you find most fulfilling?

    As a lawyer and working with an esteemed organization one learns to strike a balance between these and various other aspects of being a professional. In my view, the job of a lawyer demands an all-round capability and one is tested everyday with challenges on these fronts. It is not only required of me to manage the team or prepare for various court cases or attend public speaking sessions but also to participate in other activities such as management of the Firm, attending conferences for business development etc. 

    Delegating responsibilities, ensuring clear communication, and fostering a collaborative environment are all aspects of managing a team which will run as a well-oiled machine. This allows me to streamline workflows and gives me the chance to undertake other works and projects. In order to achieve the same, a robust motivated team is a must. It is my philosophy that my team should pass on the complete knowledge which I possess in all fields, and that is one of the most fulfilling experiences as a professional. I also ensure that my team is motivated and properly trained to effectively complete the delegated works which not only allows me time for other endeavors but also allows them to grow independently.

    Litigation requires meticulous preparation, attention to detail, and the ability to think on my feet. Prioritizing tasks, managing timelines efficiently, and staying adaptable to the evolving nature of legal proceedings are the pillars of effective advocacy. On the other hand, public speaking allows me to not only advocate for my clients but also contribute to legal education and public understanding of the law.

    Looking back at your journey from law school to moderating a topic at INTA in Atlanta in 2024, what advice would you give to fresh law graduates aspiring to specialize in Intellectual Property or follow a similar path in their legal careers?

    My advice to the fresh law graduates aspiring to specialize in IP or pursuing a similar path would be to (i) Build a Strong Foundation by focusing on learning and gaining practical experience in initial years of practice; (ii) Keep yourself updated with the latest legal developments and familiarize yourself with technological tools used in the legal field; (iii) Develop Communication Skills as effective communication, both written and verbal, is crucial for a lawyer. This also includes honing your networking skills which open up various opportunities for one; (iv) Be flexible to adapt to the demanding situations and conditions of the profession.

    Remember, each step contributes to your growth, and perseverance is key in building a successful career.

    Get in touch with Manish Kumar Mishra-

  • “I would rather believe that we can be energized by our daily routine, by the challenge of difficult cases, or by victories of small wins or overturning of a case on appeal”- Philip Teoh, International Lawyer and Arbitrator

    “I would rather believe that we can be energized by our daily routine, by the challenge of difficult cases, or by victories of small wins or overturning of a case on appeal”- Philip Teoh, International Lawyer and Arbitrator

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

    Can you share your journey and what inspired you to pursue a career in law, specifically specializing in Maritime & Admiralty, International Law, and other related fields?

    When I started my law studies, I was interested in exploring the role of law as a foundation of business dealings, especially international business. 

    I was intrigued to discover the area of shipping was the connecting factor in these areas. Unlike some perceptions, the area of shipping was not small in scope. It encompassed international trade as traders used ships to transport their goods, international finance as banks financed these transactions, and insurers insure these shipments. I later found out there was Wet and Dry Shipping, Corporate or Transactional Shipping and Maritime Arbitration as well.

    That was the launch pad for my interest in shipping. With that interest, I took shipping and shipping-related subjects in law school. I was fortunate to be able to study at the National University of Singapore where I was taught and inspired by great teachers.

    Professor EP Ellinger was a powerhouse in Banking and International Finance, Professor FMB Reynolds who hailed from Oxford taught Agency and Shipping subjects and the most brilliant teacher was the late Professor Tan Yock Lin who taught Conflicts of law, he was a brilliant legal mind who made difficult concepts in Conflicts easily understandable. I did well in school and constantly called upon what I studied in my cases. I do encourage law students to concentrate well on their studies because these are invaluable foundations for practice.

    With over 33 years of experience, you have vast expertise in both contentious and non-contentious areas of law. How did you navigate and develop such a diverse skill set throughout your legal career?

    I saw law as a technical field, that cases and principles are building blocks to craft agreements, transactions and eventually. In litigation, I soon discovered that strategy and effective advocacy win cases, the more cases we handle we develop muscle memories which we can call upon in advocacy.

    Soon I was able to see that each witness can present a treasure trove of evidence to cross-examine. I also learnt to adapt; as much as we can prepare for a case, the circumstances of a trial or a judge’s questions and directions may force us to abandon our prepared script to adopt a better and different strategy.

    I started in litigation. After a few years into practice, I wanted to have both a transactional as well as a disputes practice and I am happy to say I handle both contentious and non-contentious areas.

    Some of the notable transactional work in which I was involved was various ship sale and purchase as well as ship financing cases. When MISC the Malaysian Carrier wanted to go into the energy business, it bought Newbuildings from Japanese Yards, these were the Puteri Vessels that kickstarted the business and MISC is not a major LNG carrier. I was the Syndicated Lenders’ local lawyer.

    I was also involved in several due diligence of Shipping Companies, Joint Ventures and reorganization of the Shipping Companies Malaysian assets and companies. When the Genting Group sold its luxury yacht Tranquility to a US buyer I acted for the buyer.

    Being recognized by Chambers and Legal 500, among others, for your expertise in Maritime Law, what do you believe sets you apart in this field, and how do you approach resolving matters to the satisfaction of your clients?

    In legal practice, it is not an effort if we enjoy our work and I do. Every case presents a challenge and a new learning opportunity. I do not believe that I possess any qualities different from other lawyers, apart from that I enjoy what I do.

    Some talk of finding one’s purpose in what we do, I don’t agree. I think purpose can change. I would rather believe that we can be energized by our daily routine, by the challenge of difficult cases, or by victories of small wins or overturning of a case on appeal. We need these to sustain us because law is a very involved and demanding profession.

    In addition to your legal practice, you’re also a Practising Arbitrator empanelled with various international panels. How does your role as an arbitrator complement your work as a lawyer, and what unique perspectives do you bring to dispute resolution?

    Arbitration and litigation are contentious legal practices. The skills of a litigator are important skills for arbitration too, whether one sits as an Arbitrator or as Counsel in Arbitration.

    You’ve been involved in notable cases, including arguing the inaugural reported decision of the Malaysian Admiralty Court. Could you share insights into the challenges and rewards of handling such significant cases in the maritime industry?

    Difficult cases challenge me. That forces me to figure out how to best strategize the handling of the case, the conduct of the litigation. There will always be an approach we can adopt which can make complex cases managable or make them simple. We need to develop muscle memory for this. Along the way the bonus is when the cases we argue establish law, a principle not established before. I have had a few of these.

    Your extensive contribution to legal literature, including authoring key practitioner texts, speaks to your commitment to legal scholarship. How has academic writing and research influenced your understanding of the law and your approach to legal practice?

    Some 2 decades ago I found a dearth of Shipping Texts in Malaysia. I convinced LexisNexis (then Malayan Law Journal) to introduce these in Malaysia and eventually, I wrote the original editions of Halsbury’s Malaysian titles in Shipping and related subjects. I was particularly happy to write the Volume on Conflict of Laws; Conflict of Laws issues often crop up in Shipping and International Arbitration.

    I also authored the Annotated Merchant Shipping Laws, Forms and Precedents on Shipping which contain transactional agreements. I was later invited by Sweet and Maxwell to write the Chapter on Carriage of Goods by Sea which contains precedent pleadings used in litigation and arbitration.

    The writing ensures that I have a good grasp of the law, and this is invaluable when I handle cases. Funnily I have faced opponents in Court citing my writing unknowingly.

    Having practiced in both Singapore and Malaysia, what are the unique challenges and opportunities you’ve encountered in each jurisdiction, especially in the context of maritime law?

    I started my practice in Singapore before returning to Malaysia. I was very happy when Malaysia established the Admiralty Court in 2010 and I was able to argue the inaugural reported case of the Court in the case of The Istana VI. Since then, I regularly handle cases in the Court amongst others prosecuting ship arrests or challenging them. 

    The laws applied by the Singapore Courts are not much different and I believe that both the Singapore and Malaysian Shipping Bar have good lawyers. The Singapore ecosystem however is more varied with a healthy variety of international firms including many specializing in maritime law.

    As an Adjunct Lecturer in BAC Malaysia’s law school, what advice do you give to law students looking to specialize in maritime law or pursue a career similar to yours?

    Be interested in what is taught. Not many universities have maritime law as a subject at the LLB level. Curiosity, Initiative and Hard Work are most important.

    It is good to have a specialization in mind, but maritime law can be acquired after graduation. It is important that the young lawyer enters a firm that handles the area. The on-the-job training is much more important.

    I have trained many young lawyers in this field, and they picked up the areas well. Tan Sri Nallini Malaysia’s first Admiralty Judge never did Shipping cases when she was a practitioner and Her Ladyship had done much to establish jurisprudence in the area. She is easily amongst Malaysia’s top judges.

    In your experience, how important is it for legal professionals to stay updated on evolving legal landscapes, especially in areas like maritime law, and what strategies do you employ to stay abreast of industry developments?

    Keeping up to date is crucial. I find that LinkedIn is a great tool to do that because the lawyers do post and share useful content. I do post from time to time too. Reading outside of the law widely is also important. 

    Lastly, considering your wealth of experience, what advice would you like to share with recent law graduates who are entering the field today, particularly those interested in maritime and admiralty law?

    Be curious about learning. Read widely. Seize opportunities when they appear, do not neglect the training experience, it is an invaluable time, not to be squandered. Get onto complex cases early even if the role is a minor one. Your friends and family will be your invaluable support through challenging times.

    Get in touch with Philip Teoh-

  • To handle a complex contractual and commercial litigation, start by grasping the contractual relationship and the commercial transaction at the core of the dispute, along with the applicable legal principles and rules- Abhishek Ghai, Partner, Luthra and Luthra Law Offices

    To handle a complex contractual and commercial litigation, start by grasping the contractual relationship and the commercial transaction at the core of the dispute, along with the applicable legal principles and rules- Abhishek Ghai, Partner, Luthra and Luthra Law Offices

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

    Can you share a bit about your background and what motivated you to pursue a career in law, especially in areas like Corporate Criminal Liability and White-Collar Crime?

    • I completed my five-year integrated law degree from Panjab University, Chandigarh in 2012. I belong to a family of non-lawyers, but my sister, who is also a lawyer, inspired me to join the legal profession and showed me its various aspects. I did not have a clear career goal when I was young, unlike many of my classmates and the current generation of students. The only career options I heard from my parents were engineering or commercial airline pilot. Thankfully, my sister guided me towards the law field and helped me make a wise decision.
    • I started my legal career as a civil lawyer, focusing on Intellectual Property Rights, at the district court level. That was the stage where I discovered my true passion and direction in the law field. Later, I got the chance to work with HMJ Sanjeev Narula, who was then the standing counsel for various government bodies and also had his private practice. He mentored me at the Delhi High Court and exposed me to various fields of law including White-collar and corporate criminal matters. I gained valuable experience working for agencies like the Serious Fraud Investigation Office, Central Bureau of Investigation, the Enforcement Directorate, Directorate of Revenue Intelligence, and others.
    • When he was elevated, I changed my path and joined Luthra and Luthra. The firm gave me a different perspective and I started representing corporations and individuals instead of government agencies. I think your goals evolve over time, especially after you find out what you are good at or enjoy in the profession. Nowadays, as it has been for the last few years, the motivation that drives me is the intrinsic nature and complexity of an issue or a dispute, which challenges you to come up with creative solutions.

    You’ve had a diverse legal career working in different domains such as international commercial arbitration, indirect taxation, and intellectual property rights. How did you develop expertise in these various areas?

    I always liked the idea that a lawyer is a jack of all trades and master of none. I discovered early in my career that I had a curiosity to explore more than one area of law. This notion was reinforced when I worked with Mr. Narula on various matters involving different fields of law. His office had a wide range of work, and I got the chance to experience multiple aspects of law. I enjoyed working on new things as it kept my interest alive and my thinking sharp. So, it’s the opportunities that I got and the skills that I developed for them along the way that led to my diverse portfolio. I would say I am the opposite of today’s profession that requires specialization.

    Could you describe some of the most challenging cases you’ve worked on, particularly in the context of corporate criminal liability and white-collar crime? What were the key takeaways from those experiences?

    • One of the most memorable cases that I recall is the series of petitions that challenged SFIO’s power to arrest for fraud under the Companies Act 2013 when it was notified. I was still working for the government then and SFIO had started taking action against individuals and corporations for committing fraud under the companies act after the notification of its arrest powers. It reminded me of the old days (company law board), when I used to assist Mr. Narula in the petitions filed by the government against Satyam computers. Those were the cases where SFIO had done thorough scientific investigation into the affairs of a company, but due to the lack of authority under the old companies act, the agency could only submit a report before the tribunal and seek civil remedies. This changed with the new companies act and especially in 2017, when the arrest powers were notified. SFIO then had broader powers, similar to those exercised by the Enforcement Directorate under the PMLA. With new powers came new challenges to those powers and we had to defend the SFIO’s powers before the Delhi High Court. Since the provision was new for the agency and for us, working with them to overcome the legal obstacles raised by the Petitioners gave us a lot of insight into how these agencies function.

    You have extensive experience representing the Central Government. Could you share some insights into working on high-value matters related to sensitive issues, such as policy, treaty investment, and enforcement matters?

    • I had the opportunity to represent the government in various policy decisions, including its foreign trade policy, international trade protective measures (countervailing duty, safeguard duty – Anti-dumping), investment treaty arbitration matter et.al. One of the most fascinating and enriching learning experiences was when the government introduced the goods and service tax regime in 2016. At that time, I was still navigating my way around the existing indirect tax regime under the Central Excise act and the Finance Act. With the overall shift from a structure that was in effect for decades, it brought a lot of new challenges, ranging from interpretation to implementation to enforcement and so on. That was one of the moments when I witnessed the government and the judiciary being pragmatic and flexible in their approach with the sole aim to assist the assesses.
    • Then there was the most unique proceeding that the government initiated when Vodafone decided to initiate a second investment treaty arbitration against India, which was based on similar facts. This was the situation where the host country filed a proceeding before its own courts to restrain a foreign investor from proceeding with an arbitration under a Bilateral Investment Protection Agreement, which according to the host was nothing but an abuse of process. This was essentially my first encounter with issues arising out of international vis a vis domestic law – the overlap, comity of courts and the contours of investment protection agreements. Although the government did get the relief it sought – under the proceedings, despite the case being decided against it, the Delhi High Court rendered a judgment covering a lot of issues for the very first time.
    • One of the most intriguing issues in the enforcement aspect would be the power of agencies like the ED, DRI under the PMLA & Customs Act to record the statement of a person that can be used as evidence against them in a court of law. This is a tremendous power that is somewhat similar to the powers exercised by the Police under the CrpC, but the absence of similar safeguards in their parent statutes made it a very interesting aspect to work on.

    Arbitration is one of your main areas of practice. What are some key considerations for businesses and individuals when choosing between domestic and international arbitration? How do you navigate the complexities of multi-jurisdictional shareholders’ disputes?

    • The reasons for choosing arbitration are constantly changing, but I have seen my domestic clients choose arbitration for a faster dispute resolution mechanism that promises them a quick resolution, especially when the courts are overloaded with their own backlog. However, these reasons are no longer valid as the post award proceedings before the courts cause significant delays that take years before there is any final determination on the disputes. On the international arbitration front, the demand is very simple: neutrality from a legal system that may favor one over the other.
    • The multi-jurisdictional disputes raise complex issues of jurisdiction, arbitrability of disputes, conflict of laws, enforceability across various legal systems that often become difficult to navigate. The sensible solution is to work with your domestic counterparts who can give you a better insight on the legal system prevailing in their jurisdiction, rather than trying to re-invent the wheel.

    You’ve represented clients on a wide range of issues, including cybercrime and social media. Can you elaborate on the legal challenges and strategies associated with these areas, especially with the ever-evolving landscape of technology and privacy?

    • Cybercrime is a technical and dynamic phenomenon that poses a serious challenge to the law enforcement agencies. They need to be sensitized and equipped to deal with the various forms and manifestations of cybercrime, such as deep fakes, cyber hate, cyber terrorism, and cyber radicalization, which are constantly evolving and outstripping the existing legal norms and standards. They also need to collaborate and coordinate with other national and international authorities to effectively investigate, prosecute, and deter cybercrime, which often transcends the conventional boundaries and categories of the Indian Penal Code.

    With your extensive experience in litigation, could you share some insights on how you approach complex contractual and commercial litigation, as well as constitutional matters?

    • To handle a complex contractual and commercial litigation, start by grasping the contractual relationship and the commercial transaction at the core of the dispute, along with the applicable legal principles and rules. Then pinpoint the main issues and disputes between the parties, and the potential remedies and reliefs that are available or sought. Based on the facts, evidence, and law, devise a clear and coherent strategy and argument to advance or defend the case. Most importantly, prepare and present persuasive and well-structured pleadings, submissions, and oral arguments, and counter the opposing party’s contentions and objections effectively. Moreover, if need be, explore and pursue alternative dispute resolution methods, such as negotiation, mediation, or arbitration, when appropriate and feasible, to achieve a satisfactory and cost-effective outcome. On the other hand, constitutional matters require identifying and raising the constitutional issues involved in the case, and analysing the relevant precedents and their applicability to the facts. The case also needs to be tested on the basic principles, such as jurisdiction, alternate remedy, delay, and latches, which may affect the admissibility and merit of the challenge. The level of difficulty and scrutiny of the challenge may vary depending on the facts of the case.

    In your role as a Partner at your firm, you must provide valuable advice to your clients. What are the essential qualities and strategies you employ to provide practical and effective legal advice?

    • As a Partner at my firm, I have the responsibility and privilege of providing valuable advice to my clients on various legal matters. Some basic tenets that I stick to while doing that is to first and foremost listen and understand their needs, expectations, and concerns with the aim to identify the key points and issues that require consideration. I use my knowledge and experience to evaluate the strengths and weaknesses of their case. All of this is done to provide them clear and concise advice (sometimes frank) with accurate and relevant information – which includes explaining the legal principles and rules, the possible outcomes and consequences, and the pros and cons of different options and strategies. 

    Finally, as someone with a wealth of experience in the legal field, what advice would you give to fresh law graduates who are just starting their careers in the legal profession?

    • The legal profession is a diverse and dynamic field that offers various challenges and opportunities. You may need to try different options and acquire new skills before you find your ideal practice area or job. Don’t be scared to experiment with new things, especially in the initial year, and adjust to changing situations. You may discover new passions and interests that you never expected. You may not always get the guidance or support that you need, but you can always look for resources and mentors that can help you. Don’t wait for opportunities to come to you but try to create them yourself. Don’t depend on others to solve your problems but find your own solutions. There may be times when you may have to handle complex and sensitive issues and deal with a lot of information and documents. Be cautious and meticulous, reliability and consistency will take you a long way. Never forget, that the legal profession is based on relationships and ethics and requires a high level of integrity and courtesy. You need to be respectful and civil in your communication and respect the rights and views of others, especially your seniors.

    Get in touch with Abhishek Ghai-

  • Crafting Legal Narratives and Shaping Constitutional Bench Cases – A Decade of Advocacy at the Supreme Court – “Founder of Outsay Legal and Advocate-on-Record, Suvidutt Sundaram, Reflects on His Pioneering Legal Journey”

    Crafting Legal Narratives and Shaping Constitutional Bench Cases – A Decade of Advocacy at the Supreme Court – “Founder of Outsay Legal and Advocate-on-Record, Suvidutt Sundaram, Reflects on His Pioneering Legal Journey”

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

    Could you please share about your formative years of litigation practice in the Supreme Court?

    In 2007, after enrolling as an advocate, I set off from Kerala to Delhi with only 5,000 rupees in my pocket, driven by burning determination and dreams in my eyes, all in pursuit of my aspirations. The metropolitan city was new, the people were unknown, my Hindi language skills weren’t fluent, adapting to the fast-moving culture proved challenging, extreme weather posed difficulties, housing rents were high, and adjusting to North Indian food was tough. Moreover, at that point, I didn’t know a single person in the legal circle in Delhi. Despite all odds, I managed to survive.

    Fortunately, a friend referred me to a Supreme Court lawyer, leading to opportunities to work with two leading law firms in the Supreme Court. I am grateful to my mentor, Mr. Anand Sanjay Nuli, the founder of the law firm Nuli and Nuli. In a short period, I immersed myself in the intricacies of litigation practice, becoming familiar with the procedures of most courts and tribunals in Delhi.

    Starting to receive cases from my home state of Kerala, I launched my independent practice in 2012. Following my successful clearance of the AOR exam in 2015 on my first attempt, I never looked back: my contacts multiplied, cases poured in, and my workload increased day by day.

    Your legal journey has spanned from handling cases in the Supreme Court to contributing to legal academia. What motivated you to pursue both active litigation and a role as a Visiting Faculty at various law schools? How do these two aspects complement each other in your professional life?

    While pursuing an LLM from Amity University, several friends encouraged me to take the UGC-NET exam and fortunately, I cleared it in 2015. Technically being qualified as an Assistant Professor ignited my interest in academia and led me to take up teaching assignments in law schools and business schools.

    Active litigation challenges me to stay current with legal developments and sharpens my analytical skills. It offers real-world experiences I bring to the classroom, giving students practical insights beyond theories. Simultaneously, academia allows me to delve deeper into legal theories, engage eager minds, and contribute to shaping future legal professionals.

    Teaching keeps me intellectually engaged, refines my communication for the courtroom, and broadens my perspective through a constant exchange of ideas. This synergy between litigation and academia enriches my understanding of legal concepts and enhances my effectiveness both as a lawyer and educator.

    Your involvement in drafting Private Member Bills is noteworthy. Can you share a bit about the inspiration behind bills like the Anglo-Indian Welfare Bill and The Waste Management and Recycling Bill?

    I provided advice to several Members of Parliament (Lok Sabha), irrespective of their political affiliations. During this time, the Lok Sabha MP named Dr. Richard Hay expressed a desire to address the unique needs and concerns of the Anglo-Indian community within the legal framework. This community possesses a distinct cultural identity and faces challenges that may require tailored legislative attention.

    Another legislative initiative involved waste management, aiming to align India’s practices with cleaner standards akin to Western countries. The inspiration behind The Waste Management and Recycling Bill stemmed from the urgent need to address environmental concerns, specifically focusing on efficient waste management and promoting recycling practices. Extensive research on similar laws in other countries formed the foundation for drafting these bills.

    Both Private Member’s Bills were introduced in different Lok Sabha sessions, and I felt immensely gratified and proud to have had the opportunity to apply my legislative skills to these initiatives. Dr. Richard Hay later expressed gratitude in his book, acknowledging the significant role I played in the formulation of these two Bills—an overwhelmingly fulfilling experience for me.

    As an advocate-on-record with a focus on election laws, you’ve completed a Ph.D. in the same field. What prompted you to delve into this area, and how do your academic pursuits enhance your ability to navigate complex legal issues in electoral matters?

    Firstly, I completed my LLM in Constitutional Law. Secondly, while advising a few Members of Parliament, I became increasingly fascinated by the captivating nature of election laws due to their intrinsic connection to democracy, governance, and the fundamental rights of citizens. Both these led me to choose a PhD topic focused on the critical study of statutory provisions and judicial decisions regarding hate speeches for electoral gain.

    Besides, my decision to specialize in election laws stems from a profound interest in upholding democratic principles and ensuring fair and transparent electoral processes. Academic pursuits in this field significantly enhance one’s ability to navigate complex legal issues in electoral matters. Researching and studying electoral laws at an advanced level equips individuals with a comprehensive understanding of election procedures, electoral disputes, and policy insights, providing an edge in handling intricate electoral legal issues.

    Winning the Family Medicine Advocacy Award in 2019 is a unique accomplishment. How has your legal work contributed to the cause of family medicine, and what role do you see for lawyers in advocating for broader societal issues beyond the courtroom?

    The award, conferred upon me by the Academy of Family Physicians of India (AFPI), recognized my efforts in advocating for the establishment of a separate department of family medicine in all hospitals and incorporating a course on family medicine into the MBBS curriculum through a Writ Petition filed in the Supreme Court. Consequently, the Court directed the Union of India to make an appropriate decision, which ultimately resulted in a positive conclusion. This decision significantly benefited family medicine practitioners and millions of our countrymen by supporting accessible and quality healthcare.

    Lawyers can play a pivotal role in advocating for broader societal issues beyond the courtroom through various means. One such avenue is policy advocacy, wherein lawyers engage in lobbying efforts and collaborate closely with policymakers to shape laws and policies addressing social justice, human rights, environmental sustainability, healthcare, education, and more. Another effective approach is filing Public Interest Litigation (PIL) or representing marginalised groups, NGOs, or individuals in legal cases that challenge unjust policies, protect civil liberties, and seek remedies for systemic issues. Other impactful methods include legal education and empowerment, raising public awareness through media, Corporate Social Responsibility (CSR), conducting research, and providing data-driven solutions for societal challenges.

    Overall, lawyers serve as advocates, advisors, educators, and catalysts for societal change. Their expertise in law and understanding of legal systems position them as crucial agents for advocating broader societal issues, striving to create a fairer, more just, and inclusive society.

    You’ve been involved in some ground-breaking Constitutional Bench cases. Can you share a moment from your career that stands out as particularly impactful or challenging?

    Several cases I handled were notably challenging, with two among them considered landmark judgments. One instance involved the judgement pronounced by the Constitution Bench in the Sabarimala temple case, permitting women’s entry into the temple. In this case, I filed the petition on behalf of the royal family of Pandalam who constructed the Lord Ayyappa temple at Sabarimala, advocating for the continuation of tradition. This decision caused significant upheaval in the state of Kerala. Another significant case was a Constitution Bench judgement that decriminalized the provision of adultery i.e., Section 497 from the Indian Penal Code (IPC). I filed a Writ Petition representing an activist named Joseph Shine. Both of these cases are widely regarded as landmark judgments.

    One instance that I can’t forget in my career was the research and drafting that my legal team did challenging the Citizenship Amendment Act (CAA) in the Supreme Court on behalf of one Member of the Parliament named T.N. Prathapan. We completed the same in just a matter of 6 hours starting from 1:00 am till 7:00 am. That night was a marathon, intense and unforgettable.

    The list is endless, encompassing various subject matters of law—ranging from service jurisprudence to environmental laws, civil remedies to criminal matters, constitutional issues to corporate advisories, arbitration proceedings to family disputes, and more. I am thankful to my colleagues Mr. Vibhor Ahlawat, Ms. Vijayalakshmi Raju, Ms. Somlagna Biswas, Ms. Deepika Singh, and Ms. Disha Puri for their relentless efforts and contributions, without which I can’t be where I am now.

    Beyond the courtroom, we know you’re into Artificial Intelligence and enjoy a game of online chess. Is this your way to unwind or do you have different hobbies that help you relax and recharge?

    For the past few years, I have immersed myself in reading about Artificial Intelligence (AI). In the realm of litigation practice, embracing technology, especially AI has become increasingly essential. My focus lies on advocating for ethical AI, a concern that unfortunately garners attention from only a few.

    Additionally, I am deeply intrigued by billionaire stories. I used to watch their interviews that reveal their tales spotlighting resilience, innovation, and their strategies for success. Exploring their stories unveils their mindsets, work ethics, and pivotal choices. It’s not just about wealth, but also their visions, failures, and societal contributions, making their journeys both compelling and relatable.

    Being a Visiting Faculty at various law schools, what motivates you to engage with the next generation of legal minds? Any advice for budding lawyers based on your experiences?

    Interacting with budding legal minds as a Visiting Faculty is profoundly fulfilling. The drive behind this engagement springs from a fervent passion for imparting knowledge, moulding future legal luminaries, and witnessing their transformative journey. It’s truly inspiring to play a part in the growth of the next generation, fostering and guiding them through the intricate pathways of the legal world.

    My advice to budding lawyers: embrace lifelong learning; hone communication skills; uphold ethical standards all the time; build a strong network; prioritise clients over your personal and political inclination, and be anti-fragile. Always, embrace technology and AI-driven solutions in litigation as well as non-litigation. That’s the future.

    Get in touch with Suvidutt Sundaram

  • A legal luminary whose career transcends boundaries, and whose story inspires the next generation of women leaders in the legal arena. “Priya Mamgain : Crafting Legal Excellence and Corporate Success – A Journey Beyond Boundaries”

    A legal luminary whose career transcends boundaries, and whose story inspires the next generation of women leaders in the legal arena. “Priya Mamgain : Crafting Legal Excellence and Corporate Success – A Journey Beyond Boundaries”

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

    Your career journey reflects a mix of corporate dynamism and legal finesse. Can you share a defining moment or experience that led you into the world of law and compliance?

    Well, thank you for putting it so nicely.  In 2011, I joined the compliance team of India bulls right after completing my graduation from Sri Venkatestwara College, University of Delhi. However, my academic tryst with the Law started much earlier in 2008 when I decided to pursue Company Secretary professional course which primarily introduced me to legal world of corporate law as this course involves an intensive study of different branches of laws namely taxation, finance, business ethics, labor, costing, capital market and securities laws, etc which regulate different stages of a  business entity viz. incorporation, operations and expansion, merger and amalgamations, infusion of capital, liquidation and winding-up. 

    While doing my CS internship, I chanced upon an opportunity to review a NDA, instinctively I expressed my interest in vetting other contracts and my superior guided my way through it and encouraged me to study IPR laws and take the DU law entrance exam. Thus, study of one branch of law led me into another and ultimately to the realm of general corporate advisory. 

    Managing a team at Saga Legal, leading corporate advisory, and handling compliance – it sounds like a lot on your plate! How do you maintain work-life balance, and what’s your go-to stress buster outside the legal realm?

    I wish that it is not seen as an endorsement of the 70 hours week rule in any manner whatsoever, having said that being occupied is my ZEN. Honestly, I really do not find my work stressful though meeting deadlines can be overwhelming at times. But what fun life would be without a hustle!

    Also, apart from hitting the sack, setting out on a retail therapy/street food hopping/reading are my next best stress busters.

    You’ve been recognized for your achievements at HCL, Airtel, and beyond. Could you share a particularly rewarding moment or accomplishment in your career that brought a smile to your face?

    Like any other individual, awards and rewards always cheer my heart up and work as a shot in the arm to strive harder to do better than the best.

    It is not every day that you wake up going to receive a gold medal. I really thank my stars to have got one from the Indian Law Institute for earning a diploma in IPR Laws.  

    Awards and recognition become extremely special when you get them at the time when you least expect it and you are quietly doing your good damn job.

    Having said that, I do not want to sound less grateful to any of the opportunities or accomplishments that have come my way in the past 12 years of my work experience.  Every “thank you” email /text from a colleague or  a client, every town hall meet, every R&R session counts.  I always believe and say BEST IS YET TO COME!

    Your articles at Bar & Bench showcase a depth of legal analysis. Can you take us through your writing process? What inspires your choice of legal topics, and how do you balance the technical aspects for a broader audience?

    Interestingly, topics of all these articles so far have been influenced by the real time legal problem statements which I have encountered during my current advisory practices vis a vis latest legal development impacting the same.  It is important to write relevant and informative articles. 

    I put my best efforts in order to ensure that articles are structured in the most lucid way possible. The preface and conclusion usually are drafted in a manner which can be understood by a business and legal person both. The body paragraphs are mainly where the techno-legal analysis is captured, which exhibit insights from domestic as well as international laws, judicial precedences and commercial and economic factors and impact of the issues in hand. 

    Beyond the legal realm, your education includes a diverse range of experiences, from Commerce to Company Secretaryship and Law. How has this interdisciplinary background shaped your approach to legal problem-solving, and do you see any unexpected connections between these fields that have proven valuable in your career?

    Absolutely, having a multi-skill set always helped me in approaching the legal problems in a more holistic way.  My interdisciplinary background has equipped me to adopt a threefold approach to arrive at commercially viable and compliant legal solutions for our clients.

    Risk Identification: My foremost concern is to identify risk for the organization (legal, commercial, financial, regulatory) attached to the transaction. 

    Commercial Impact: Once risk is identified, approach is to eliminate/mitigate any terms which can substantially affect the organization commercially/financially.

    Compliance Cost Management: As a compliance professional, I always keep an eye open for compliances attached to terms to be agreed under an agreement. Cost of compliance should never exceed the ROI.

    In addition to your legal expertise, you’ve volunteered at the Commonwealth Games in 2010. Can you share a memorable experience from that time, and how do you think volunteering contributes to personal and professional growth?

    If I can recall it correctly, our country got this opportunity to host CWG 2010 with great effort after beating Canada in one of the bids. I consider myself fortunate to have participated in a historic event like this. I was put to a screening process in Feb, 2010 and got selected along with other 20k odd volunteers. My general and role specific training were organized at Amity University Campus by some of the distinguished personalities. As a volunteer, I was trained for various aspects like medical support, disaster management, gender sensitivity and protocols (VVIP’s, media and athletes protocol).

    During my volunteer experience at R.K. Khanna Tennis Stadium, I organically picked up the skills of project management, prompt decision making, creating and rotating a mix of individuals with right skill as well as will to get the show running no matter what.

    Talking about experience, for me as a college student back then, it was surreal to witness national as well as international tennis sensations practicing and playing on the ground teaching the importance of resoluteness, consistency and constantly up-skilling one’s game.

    Cherry on top was to see our country’s players win the game that evening and the tunes of the national anthem playing in the backdrop.  A memory of this event is still so fresh in my mind and I fondly remember the people I met and the positive transformational impact it had on my approach to deal with life personally and professionally.   

    You’ve been recognized as one of the “Top 10 Best Women Leaders in Legal Consultants 2023” by Women Entrepreneur India. How does it feel to receive such accolades, and what advice would you give to aspiring women leaders in the legal profession?

    It feels really awesome to be adjudged and be put next to my contemporaries and senior colleagues in the fraternity who constantly amaze and inspire me with their exceptional work and leadership. My life motto is She who dares, wins.  So I would urge aspiring women leaders in the legal profession not to limit themselves to a mere box of existing ideas and ideologies and keep pushing the envelope. Be enterprising enough to command and create a healthy and safe work environment full of nothing but merits and sheer talent.

    Get in touch with Priya Mamgain –

  • “From Legal Legacy to Entrepreneurship”- Learn about her transition from aspiring journalist to a first-generation lawyer, fueled by the transformative power of legal concepts and a calling that couldn’t be ignored, Founder of Law Office of Paromita Majumdar

    “From Legal Legacy to Entrepreneurship”- Learn about her transition from aspiring journalist to a first-generation lawyer, fueled by the transformative power of legal concepts and a calling that couldn’t be ignored, Founder of Law Office of Paromita Majumdar

    This interview has been published by  Priyanka Karwa and The SuperLawyer

    You have an extensive legal career with experience in various roles and different areas of law. can you share the story of how you got started in law and what motivated you to pursue a career in the legal field?

    Choosing a career path is often a journey of self-discovery, and mine was no exception. My initial plan was to pursue journalism. I have always been an unabashed talkative soul, fuelled by a desire to communicate and express myself.  I have always been fascinated with languages, especially English, Hindi, and German. So, the power of words and the art of expression held a special place in my heart. Political science was another one of my favourite subjects. All of this felt like the perfect backdrop for a successful future in journalism.

    Right after my last board exam, my parents suggested that I explore the field of law, in addition to pursuing a career in Journalism. At first, I was somewhat hesitant. But as they say – curiosity is a powerful force. As I delved into the subjects covered in law entrance exams, a transformation occurred. Legal concepts and the intricacies of the justice system began to grip my imagination. The more I learned, the more I realized that law had the power to shape societies, challenge injustices, and, most importantly, provide a platform to voice my convictions.

    So I decided to take the plunge and appear for law entrance exams. To my delight, the study of law ignited a profound passion within me. It wasn’t merely an alternative path; it was a calling I couldn’t ignore.

    I achieved a commendable rank in the Delhi law entrance exams, and got my admission to Amity Law School, Delhi (Guru Gobind Singh Indraprastha University). At that time i.e. in 2007, Amity Law School, Delhi was recognized as the 7th best law college in India.

    My decision to enter the legal profession is not solely rooted in academic interest; it’s also deeply intertwined with a rich family legacy that has shaped my aspirations. From a young age, I heard captivating stories about my grandfather (Dadu), the late Sh. Jadhugopal Majumdar, who was a renowned criminal lawyer in Bangladesh. Unfortunately, I could never see him in person but his reputation as a legal luminary and his unwavering commitment to justice made a lasting impression on me.

    In addition to my grandfather, my family boasts another legal stalwart in the form of my father’s maternal grandfather, the late Sh. Sharatchandra Sengupta. His brilliance in the legal profession was so evident that people at that time used to admire him as the sharpest of lawyers in Bangladesh. He selected my grandfather as his son-in-law, recognizing the extraordinary talent and dedication that ran in the family. The union of these two legal luminaries not only enriched our family history but also cemented the importance of the legal profession as a cornerstone of our legacy. Many of our family members hold a firm belief that, following in my grandfather’s footsteps, I have the potential to carry the torch forward.

    How do you manage and oversee a diverse team while handling cases across different locations in your current role as the Founder of the Law Office of Paromita Majumdar?

    I firmly believe that effective leadership begins with personal growth and capability development. To lead a team successfully, one must first become a credible individual that others can look up to. A leader must lead by example and by themselves demonstrating the values they expect from their team. It’s a principle I hold dear and consider fundamental to any leadership role. This not only builds respect and trust within the team but also provides a solid foundation for effective leadership.

    I also believe that as a senior, you should be well-acquainted with the unique strengths of each of your team members. In a dynamic place like Delhi – where there are numerous courts and tribunals to be covered in a single day – it is important to be able to delegate tasks to the team strategically according to their expertise, capabilities and interests. It’s a practice that not only enhances our productivity, but also encourages their personal and professional growth.

    However, I won’t sugar-coat the challenges of managing an inter-city legal team. It demands trust, self-discipline, constant evaluation, follow-ups and introspection. The demands of this profession can leave little room for your personal life. Yet, amidst these complexities, there is a deep satisfaction in doing what you love.

    I especially relish being involved at every level, from coordinating with associates outside Delhi to personally representing our clients when required. Stepping out of my comfort zone and practicing in courts outside Delhi has been particularly fascinating. While Delhi has always been my primary place of practice, I have a deep appreciation for the unique procedural intricacies of other cities. I love making professional bonds with lawyers practising in different regions of the country. These bonds prove invaluable when our clients require representation in cities beyond Delhi.

    Time management in order to make the travel plans is another challenging aspect, sometimes when I have to attend a matter outside Delhi, and there are matters also listed in Delhi Courts, that is when my immediate team in Delhi comes to the rescue.

    In essence, managing a legal practice and a dedicated team is a dynamic and intricate process. It requires a shared commitment to delivering the best service to our clients, a willingness to adapt to new situations, and the ability to work together, even when geographically separated. The satisfaction of this journey is not only in the legal victories but also in the bonds forged and the sense of purpose that drives us forward.

    Your career includes experiences in different law firms. How has each experience contributed to your growth as a legal professional, and what key takeaways have you gained from working in various law offices?

    My path in the legal profession has been a unique and purpose-driven one, guided by a dream to practice in the top court of the country.  From the outset, I harboured an ambition to argue cases in the apex court, even without fully comprehending the need to lay a robust foundation in the lower courts first. After graduating, I approached Madam Bina Madhavan, a well-respected legal practitioner, and expressed my desire to work as a chamber junior in the Supreme Court. However, Madam Bina Madhavan provided me with invaluable guidance. She emphasized the importance of acquiring a profound understanding of the trial courts and the fundamental legal procedures before setting my sights on the apex court. Her wisdom resonated with me, and I am forever grateful to her for steering me in the right direction.

    And so, I embarked on a journey of exploration and self-discovery. I joined a chamber in Tis Hazari court, Delhi, and spent a significant period, nearly two and a half years, practicing in the District courts of Delhi. During this time, I immersed myself in a diverse array of cases, including bail applications, matrimonial disputes, cheque bounce matters, cases of cheating, theft, and more. This first-hand experience equipped me with a well-rounded perspective on the legal profession.

    Crucially, my time in the District courts exposed me to the nuts and bolts of legal work, which I consider essential for every lawyer. Beyond courtroom appearances, I mastered the art of filing, navigating and rectifying procedural defects, re-filing, handling PFRC work, ensuring the proper service of summons and warrants, and the meticulous process of preparing bail surety bonds. It became evident that the role of a lawyer encompasses far more than courtroom advocacy, and I embraced this holistic approach to the profession.

    In 2014, I took a significant step towards my dream when I joined Mr. Ankur Mital, an Advocate-On-Record. He generously provided me with the opportunity to assist him in my first matter before the Supreme Court. This experience was akin to taking my first significant step towards my long-cherished goal.

    Subsequently, in June 2015, I joined J.S. Wad & Company, a well-regarded Advocate-On-Record office in Delhi, further deepening my understanding of the legal intricacies involved in Supreme Court practice.

    From 2018 to 2023, I extended my horizons by associating myself with various law firms in different capacities. This enriching experience allowed me to continually evolve as a first-generation lawyer, discover my true passion, and build a well-rounded foundation in the profession. After 11 years of hard work and learning, I started the Law office of Paromita Majumdar (LOPM) in June, 2023 and have been enjoying the journey till now. Ups and downs are part of the profession; all days are not good days however there is a different kind of mental satisfaction which I get by doing my own work in my own way. I have a wonderful team of associates who are always ready to accept and meet any kind of challenges that are thrown at them be it late night drafting, urgent filing or handling a difficult client or any complicated legal research. Hence I am glad to have my team which is very supportive and never lets me down in situations of crisis.

    In essence, my journey reflects a deliberate and dedicated approach to the legal profession. I granted myself the time and exposure needed to learn, grow, and discern my true calling within the legal landscape. Today, I stand before you as a lawyer deeply committed to the pursuit of justice and equipped with a multifaceted skill set, honed through diverse experiences and unwavering determination.

    You have worked on a wide range of cases, from civil and commercial matters to bail applications and demolition cases. Can you share a memorable or challenging case from your current role and you approached it?

    When one practices at the pinnacle of the country’s legal system, encounters with idiosyncrasies become an inherent aspect of the profession. In such a realm, parties often find themselves at the culmination of their legal journey, having exhausted all available remedies and received unfavorable rulings from lower courts. It is in this ultimate juncture that they turn to the apex court, hoping for some relief. The most formidable challenges arise in cases where petitioners apprehend to get arrested at any moment or the impending demolition of their properties.

    In these urgent scenarios, time becomes a scarce resource, and the preparation of Special Leave Petitions (SLPs) is a task that demands overnight dedication. The immediate pursuit of a hearing becomes paramount, leading to SLPs being drafted hastily and filed the next morning. Amidst these high-pressure circumstances, a particular case from my initial days of independent practice stands out—a case which brought me some recognition in the Supreme Court of India.

    This memorable case involved individuals hailing from economically weaker section of society, struggling with demolition notices issued by the Municipal Corporation targeting their homes. Initially hesitant due to strong adverse observations from the High Court, I eventually acceded to their persistent requests and filed SLPs on an urgent basis.

    The pivotal moment arrived on the day scheduled for the houses’ demolition at 2:00 PM. At 10:30 AM, positioned at the top of the mentioning list in Court No. 1, I presented the matters before the Honorable Chief Justice of India. Describing the urgency and gravity of the situation, I sought the court’s intervention. The Honorable CJI, acknowledging the exigency, graciously granted a 3-day stay order, providing a temporary relief until the matters could be heard on their merits.

    Those 72 hours proved crucial, affording the petitioners a breathing space to fortify their case and secure the services of a senior advocate. Although the SLPs were eventually dismissed due to technical reasons, the experience proved to be a defining and challenging chapter for both myself and my team. It not only showcased our dedication to justice but also served as a testament to our resilience in the face of adversity.

    You have empanelled with private companies as their legal counsel, handling due diligence, drafting agreements, and advising on legal issues. What are some common legal challenges companies face in their day to day operations, and how do you assist them in addressing these challenges?

    I am a legal counsel for some mid-level NGO’s, IT firms and builders. A prevailing concern among the IT enterprises revolves around challenges emanating from employment contracts and the safeguarding of confidential data. A recent case which I am dealing exemplifies the ramifications of a poorly drafted Non-Disclosure Agreement, wherein the company incurred substantial losses. An ex-employee exploited the inadequacies in the agreement, absconding with confidential data, the company laptop, and important softwares, collectively valued at over 10 Lakhs. Civil and criminal proceedings have been duly initiated against the said employee by my office.

    Besides, Trademark clashes also stand out as another recurrent issue for such companies. We often are required to draft cease and desist notices, responding to instances where similar marks are utilized by other entities in the same class of services.

    On the builder’s front, a pervasive challenge pertains to project completion issues, often resulting in legal actions instigated by aggrieved home-buyers. I recently aided a distinguished builder in Mirzapur to effectively abandon a project, rescind all allotment letters sans legal repercussions, and resolve outstanding litigations. My approach pivots towards proactively seeking solutions rather than dwelling solely on challenges. The overarching goal is to position the client in a win-win scenario, maximizing outcomes with minimal investments.

    Apart from handling the litigation and Arbitration work, my practice extends comprehensively to cover a spectrum of contractual work crucial to these businesses, including franchise agreements, collaboration agreements, and more. Emphasizing the importance of articulating clauses with precision to avert ambiguity, my office diligently ensures the legal instruments align seamlessly with the client’s objectives.

    Moreover, recognizing the aversion to protracted legal battles, our clients often seek preventive actions to avoid visiting courts. Most of my clients seek my opinion before entering into any agreement or any kind of arrangement with any party in order to avoid any future conflicts.  These facets summarizes the multifaceted support my office extends to the companies with which we are currently empanelled, underscored by a close and collaborative working relationship that occasionally leads to on-site visits for document reviews.

    In your role at Legacy Law offices, you managed the dispute resolution team and handled arbitration cases, could you elaborate on intricacies of Arbitration , especially in the context of construction contracts and share any notable cases or challenges you encountered?

    Arbitration holds a special place in my legal affinity, primarily due to its non-adversarial nature, emphasizing meticulous evaluation of contractual clauses by an impartial arbitrator. In the realm of construction contracts, arbitration has emerged as the preferred method for dispute resolution. Common issues in construction disputes encompass aspects like payment disputes, contract scope, design discrepancies, quality and safety concerns, and losses incurred due to unforeseen events, such as Acts of God.

    In the constitution of arbitral tribunals for construction disputes, parties are choosing a judicious blend of technical and judicial members. This ensures that the tribunal comprises individuals possessing a comprehensive understanding of technical intricacies related to construction projects, often including retired government chief engineers and architects etc. Remarkably, detailed dispute resolution mechanisms are now integral components of construction contracts, tailored to the unique demands of each project, promoting efficiency in both time and cost.

    Notably, these contracts often incorporate multi-tier dispute resolution processes, encapsulated in escalation clauses. For instance, a Nego-Med-Arb clause may stipulate a sequence of negotiations, formal mediation, and ultimately binding arbitration. In instances where negotiation, conciliation, or mediation fails to yield resolution, parties often progress to binding arbitration.

    In India, the Arbitration and Conciliation Act, 1996, governs the procedural aspects of arbitration. This legislation provides clarity on arbitrator appointment procedures, interim relief from courts or arbitrators, judicial interventions, and the setting aside of arbitral awards, encompassing both domestic and international commercial arbitrations. A nuanced understanding of this Act, coupled with the specific dispute resolution clauses within the contract agreements, forms the pathway to effective dispute resolution.

    I remember a particularly intriguing arbitration case involving the Food Corporation of India, concerning the construction of food grain silos, a mere ambiguity in a clause led to unreasonable delay in appointment of the Arbitrators and multiple petitions under Section 9, 11 and Section 14 before the Hon’ble Delhi High Court. Meanwhile, our client’s bank guarantees were also encashed. The crux of the matter revolved around whether the reference to certain rules in the clause was mandatory or if parties had the flexibility to mutually choose alternative rules. Ultimately, a three-member arbitral tribunal was appointed by the court, and the disputes were successfully referred to arbitration.

    During my tenure as Associate Partner at the Delhi office of Legacy Law offices, I had the privilege of leading a dynamic team in dispute resolution under the astute management of Mr. Gagan Anand, Managing Partner, and Ms. Sadiqua Fatma, Senior Partner—both exemplary mentors. Under their guidance, I navigated several compelling arbitration cases and secured favorable awards for our clients.

    A pivotal moment in my professional journey unfolded when I argued on behalf of a contractor in arbitration proceedings related to the construction of a tunnel in Jammu and Kashmir. While the award favored our client, it currently faces challenges before the Hon’ble Delhi High Court. The crux of the matter revolved around a project suspension, an action not expressly covered in the contract. Despite the withdrawal of a writ petition challenging the suspension, the authority attempted to reopen the issue before the learned sole arbitrator, a move promptly disallowed.

    In addition to the tunnel project, I’ve had the privilege of handling various arbitrations involving the construction of tunnels, roads, silos, bridges, and dams, each presenting unique challenges and opportunities for resolution

    You have briefed and worked with renowned senior counsels in the Supreme Court of India, what is it like to collaborate with such eminent legal professionals, and how does this collaboration influence the outcome of cases?

    During the period spanning from 2015 to 2019, while employed with an AOR (Advocate on Record) firm, I routinely found myself in the privileged position of briefing esteemed senior counsels in India, such as luminaries like Mr. Mukul Rohatgi, Dr. Singhvi, and Mr. Kapil Sibal. Engaging in conferences with these legal stalwarts provided me with a unique opportunity to closely observe their cognitive processes and strategic approaches to various cases. In the presence of such legal luminaries, direct instruction was often unnecessary, as their methodical application of law and logic served as an invaluable educational experience for me.

    Collaborating with these eminent seniors bestowed upon me the profound advantage of assimilating their distinctive thought processes. Witnessing their adept and precise application of legal principles not only enriched my professional skills but also cultivated a deeper understanding of the nuances within the legal profession. The result-oriented nature of our conferences necessitated the seniors to expeditiously apply their theories and logics to legal questions, formulating effective solutions and strategies customized for the upcoming hearings.

    I remember, in a case where we were unable to formally brief Mr. Rohatgi due to his demanding schedule, he reassured us that he would grasp the matter during the court proceedings. Positioned outside the courtroom, with our matter just 10 items away from its turn, I was taken by surprise Mr. Rohatgi appeared suddenly and asked me for a concise overview of the five crucial points of the case, I swiftly adhered to his instructions and provided the briefing within a mere five minutes.

    I literally wondered, armed with this brief yet comprehensive understanding of the matter, Mr. Rohatgi entered the courtroom and adeptly presented those five points before the bench. The outcome was a stay order secured promptly for our client. As a budding legal professional, these instances became invaluable take-home lessons for me. Similar encounters with other senior lawyers further compelled me to refine and streamline my approach to applying legal reasoning whenever confronted with a complex legal issue.

    Finally, what advice would you give to aspiring lawyers looking to specialise in specific areas of law like business law or arbitration?

    My first and foremost advice to aspiring lawyers is to invest ample time in evaluating their areas of interest before making any hasty decisions. Particularly for first-generation lawyers, patience is paramount. The legal profession demands a profound commitment to reading and comprehending the practical dimensions of the law. Reflecting on my early experiences, a seasoned colleague once wisely remarked that the five years of legal education merely serve as a ticket to the movie—the true narrative unfolds when one enters the realm of actual legal practice. There is a huge difference between the theoretical studies and the realities of actual legal practice.

    Furthermore, I urge young lawyers to prioritize reading the law thoroughly before dispensing advice to clients. A proficient lawyer is, above all, a diligent reader. Repeated readings of a document can lead to different interpretations, highlighting the nuanced complexity of legal matters. Staying abreast of the latest Supreme Court rulings and legislative amendments, attending seminars, and engaging in continuing legal education is crucial. Being well-versed in the current legal landscape allows you to confront situations armed with the knowledge of prevailing laws, enabling you to apply them judiciously to the specifics of a case and determine the optimal course of action.

    When delving into business laws and arbitration, both of which involve extensive document analysis, it’s essential to recognize the inherent significance of each document. In arbitrations, voluminous files are commonplace due to the fundamental role of document interpretation. Understanding the intricacies of a case and securing a favorable order or award for your client hinges on a meticulous examination of these documents. Notably, many of these documents are crafted by corporate entities through their in-house legal advisors, rendering the identification of loopholes challenging. A thorough and patient analysis of these documents is the key to navigating and finding solutions in these intricate areas of law. My last advice would be to always uphold the highest ethical standards in your practice. Integrity is crucial in building trust with clients, colleagues, and the legal community. By steadfastly adhering to the principles, you not only preserve your personal integrity but contribute to the overall credibility and trustworthiness of the legal profession.

    Get in touch with Paromita Majumdar —

  • “Navigating the Legal Labyrinth: Journey from being an IP lawyer to a media lawyer, A Candid Conversation with an IP and Media Law Maverick”- Sujoy Mukherji Principal Associate at Naik Naik & Company

    “Navigating the Legal Labyrinth: Journey from being an IP lawyer to a media lawyer, A Candid Conversation with an IP and Media Law Maverick”- Sujoy Mukherji Principal Associate at Naik Naik & Company

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

    https://test.superlawyer.in/wp-admin/post.php?post=96491&action=edit

    You come from a family with a rich tradition of military service, yet you chose a different path as a lawyer. Can you tell us about the factors that influenced your decision to pursue a legal career, particularly in areas like intellectual property and media law?

    Well I didn’t really choose a path of lawyer to be completely honest, life just in a way forced it upon me I believe. In my opinion I am a classic case of ‘Failure by-chance Lawyer’. Allow me to give some context to this. Yes, I do come from a family that has given three generations of Military personnel dating all the way back to my Great-grandfather to serve in the British-Indian Army. Naturally coming from a family where the only thing or people you know are Military personnels, it’s obvious that you would aspire for the same thing yourself.

    So right after my graduation in B.com, I gave my CDS (Common-Defence Services) exams cleared that and went on for my SSB (Service Selection Board), and I was so sure that I was going into the Indian Army, but this is where my story changes because I got screened-out i.e. rejected, by the Indian Army. This was all happening in 2013, and after I got rejected by the Indian Army I had no idea what I was supposed to do next because there was never a ‘Plan-B’ in place. Now given my educational background I felt that the only options I had was either pursuing Chartered Accountancy (CA) or going for a Master of Business Administration (MBA), just like what all of my class-mates were doing. Thankfully, and this is something I really pride myself on is that during my B.com, I made some amazing friends one of whom is Shona Jacob, owner and proprietor of the hospitality brand “Love Made Edible” and she advised me to not to go along-with the herd, in-fact I still remember the word till this date that convinced me to be a lawyer which was “You have a very strong command over the English language, You should really thing about pursuing Law as a career”, and that where the idea to become a lawyer came from, by a friendly advice.

    Thankfully, my score(s) at the time of graduating B.com were good enough to get me into ILS, Pune, in the three (3) year LLB course. Now, I had no idea what Intellectual Property law was, let alone media law when I got into law school. I had more affinity towards Family-Law and was convinced in 2013 that I would pursue Family-Law as a career, but here again thanks to a friend that was Disha Dewan who was also my batch-mate and daughter of Dr. Mohan Dewan of the Law firm R.K. Dewan & Co., I was introduced to the basic concept of what was Intellectual Property Law. Thankfully, ILS has a pro-discussion culture so my batch was always discussing and debating concepts of law and latest developments, and IPR happened to strike a chord with me primarily because of its fluid nature. While the Statute itself was set, the application and understanding(s) that stems from IP matters are extremely fluid and always subject to interpretation be it Trademark, Copyright, Designs etc, which was made more and more clear to me when I read judgments, specially those from the Delhi High Court. The type of IP Judgments that would come out from Delhi, it was like every day there is a new comment or understanding provided by the Courts in the field of IP. This great big puzzle that was known as Intellectual Property Rights was just so much fun that I knew that this is what I want to specialize in some day, and this speculation got further confirmed when I interned at ITAG, Kolkata and R.K. Dewan & Co.

    As to Media Law, well that happened because of curiosity to put it simply. When you start understanding a subject and your basics start to get better, sooner or later you start to look at every area where the application of that subject may come. I had an interest in IPR and I would always wonder what other areas can IP have an impact in, and the immediate conclusion that came to me was ‘Films’. But my transition into Media Law didn’t happen until later in 2019, when Mr. Ameet Naik and Ms. Madhu Gadodia found me and decided to place a gambling bet on me to see whether an IP Specialist could transition over to becoming a Media Lawyer. One has to appreciate the similarities and the dissimilarities between IPR and Media Law, while IPR was fluid, Media Law was completely dynamic and it was always changing, and unlike IPR, Media Law does not have an identified set of law(s), if anything Media Law is more common law and equity based which makes the scope to interpret and apply the law(s) during a media dispute more wide and challenging in my personal opinion. The big puzzle which I was already use to solving in the field of IPR just got substantially bigger the moment I was introduced into Media Law because that ultimately also resulted in me being exposed to and working in matters concerning the laws of Arbitration, White Collar Crime, IT Law etc, it really just broadened my horizons and exposed to so many challenges which has been nothing but fun, frustrating at times, but fun nonetheless. 

    Transitioning from a Bachelors-in-Commerce to a law degree is quite a shift. What motivated you to make this transition, and how has your commerce background influenced your legal career?

    Well I personally don’t think that the transition from B.com to Law was a very big shift for me because, while I was pursuing my B.com we were required to study the erstwhile Company Act 1956 (now 2013) and I was also pursuing an Advanced Diploma in Advertising and Marketing from my college (H.R. College, Mumbai) wherein we were introduced to concepts of “Trade Mark” and “Copyright”. So in a sense there was some minor exposure to subjects of law during my B.com which I think in hindsight did help somewhat. However, pursuing a career in law was definitely not in radar at any point in time while I was pursuing my graduation in B.com.

    Funnily enough I think the three elements that motivated me to pursue a career in law and just go all in were “Dumb-Luck”, “Desperation” and “Disaster”, I call this the “3D” elements of my career and by no stretch of imagination is this a bad thing. In fact I believe that the best of things to come are a product of the bad times. For example, getting rejected by the Indian Army was a Disaster for me as I never had a second thought or plan about what I would do in case I never made it into the armed forces. My friends suggesting that I pursue law as a career was pure Dumb-Luck, and because I had no other plans my Desperation to excel at something made sure that law as a career worked for me. But above all else I think the reason why I stayed motivated to make law as a career for myself was because of my parents who never pressured or doubted me at any stage of my life or while I was pursuing law, it really is very important to have a good support system as it definitely makes things some-what easier.

    I think for me personally my background in commerce didn’t really kick-in and started helping till I had made a transition into Media Law. The practice of Media Law has a substantial portion fixated on commercial transaction, liabilities and deal structuring. Thankfully because of my background in commercial subjects my ability to understand and cater to client’s whether it’s in financial transactions or disputes, substantially contributes towards the same. This is a personal opinion but I feel any Attorney today practising commercial laws who has a finance or a commerce background does indeed have a minor edge as compared to his/her colleagues who may not have had that type of a training prior to pursuing a career in law.

    During your time in law school, you engaged in multiple internships in different cities. How did these internships shape your understanding of the legal profession, and how did they ultimately lead you to your current specialization in IP and media law?

    Thankfully I had good seniors in law school with whom I was living with in the Hostel those days, and when you have access to your seniors you can discuss your queries with them and understand what others before you have either done right or wrong. While I was in ILS, Pune we had lectures from 7am to 11am, after that you had a substantial portion of the day left to you to choose what you want to do. I had two very clear options in front of me, either after classes I could participate in extracurricular activities or choose to intern in Pune itself and attend lower court proceedings and gain an understanding as to what is the practical side of the legal career. While both were equally good options, I had already done my fare-share of extra-curricular activities while pursuing my B.com, I wanted to do something different and so I chose the later option and chose to intern at law firms or chambers of practising Advocates while in Pune. During course breaks I would make it a point to intern in a different city which would usually either be Mumbai, Delhi or Kolkata.

    I think when I look back during my time when I was interning what set me apart was the fact that I took an initiative. I would make it a point to go up to the Partners and Associates and introduce myself properly and take an active interest in learning about them, this resulted in familiarity which resulted in the team’s to remember me while assigning projects. Now the next part that came was always the most crucial part during my internships which was to always provide good solid work, which meant putting in extra effort than normal, but it’s effort that puts you in a different light than compared to the rest because the moment the Associate’s would take notice of my work or my ability to understand the subject I would always end up getting access to better work and more details from the Associates. 

    This process not only ultimately led me to get a Pre-Placement Offer (PPO) from R.K. Dewan & Co., but it also framed my way of thinking because I realised that it’s not enough to just work hard, you also need to know how and when to work smart. This same philosophy and work-ethic which I had moulded during my internship days was later on developed and which greatly helped into my professional career and it’s the same thing which also helped me when I transitioned from IP into Media Law. When one thinks about it, internships can be a great way to discover more about yourself at-least that’s what happened for me.

    You spent a significant part of your career at R.K. Dewan & Co, where you worked with Dr. Mohan Dewan and Mr. Ameet Deshpande. How did your experiences there, especially in Pune, shape your early career and the skills you developed as a litigator?

    Luckily enough I was always offered a repeat internship at R.K. Dewan & Co, during my law school which led to the team knowing me fairly well and they had a good idea as to my capabilities at the time. So when an opening came up in the Litigation Team, Dr. Mohan Dewan was very kind enough to actually ask me if I had any interest in joining them. Now I was sure I wanted to pursue a career in IPR, I just didn’t know at the time whether I would want to be litigator but sometimes in life you just have to take a leap-of-faith, and thankfully this leap-of-faith continues to pay off till date.

    Working with Dr. Mohan Dewan and Mr. Ameet Deshpande, was like an introduction to a crash course of two very different subjects at the same time and you had to catch-up really fast in order to keep up with them. Dr. Mohan Dewan is very particular about what may be your concepts and thoughts when understanding a legal matter and he is equally that much invested when you are putting in words to paper. Likewise, Mr. Deshpande was very focused on the proper interpretation and application of the Civil Procedure Code that we would adopt for our litigation matters. My time in Pune and in New Delhi with R.K. Dewan & Co., was just a wealth of knowledge and experience at the time because unlike in Mumbai where there is a Counsel culture, Pune and Delhi do not operate in the same manner. I was responsible for drafting everything from top-to-bottom and I was expected to argue the as-well, I did not have a safety system like we have in Mumbai where experienced Counsels are engaged to assist in achieving the best possible outcome in a matter. It was very much a sink or swim type of situation, and thankfully I had seniors in the form of Dr. Mohan Dewan and Mr. Deshpande who ensured that I would never sink. 

    I think at the time while this was happening, I was not very appreciative of it but today when I look back how my career trajectory has been till now my entire core structure as a lawyer is substantially contributed to by Dr. Mohan Dewan and Mr. Ameet Deshpande, and how they took the effort to train as Litigators. In-fact its this very same training that has often come to my aid on several occasions when I’m assisting some of the best Arguing Counsels such as Mr. Ashish Kamat, Mr. Mr. Rashmin Khandekar or Ms. Megha Chandra.

    You then made a transition to Khaitan & Co in Mumbai, where you worked with Partners in the IP-Litigation team. Could you share some insights into the challenges and learnings you gained during your time there, particularly in terms of working under pressure and delivering results?

    My time at Khaitan & Co., was a very interesting and an important milestone in my career I feel. When the opportunity to work with the IP Team in Khaitan & Co, Mumbai, came along I was extremely excited because I got to work with some great partners such as Nishad Nadkarni, Adeesh Nargolkar and Smriti Yadav. All three (3) partners had different styles and diverse range of work, while Nishad had the most litigation matters with him, Adeesh would have technical matters before the IPAB (now dissolved) for trademark rectification or patent cancellations and Smriti would have IP Registration and Prosecution related matters, and the learning was vast and filled with opportunities which the Partners were always willing to provide and accommodate you with.

    I think the first challenge I immediately faced was the fact that the Partners in Khaitan would force you to call them by their first name only which was a complete culture shock to me, and a pleasant one to add. In terms of the professional challenges that came my way during the Khaitan & Co, was the fact that I was provided with multiple opportunities to work not just in matters in Mumbai but with teams based in New Delhi and Kolkata as-well. This wide exposure allowed me to understand how each team would function and what were their basic requirements and how best to deliver, as per expectations.

    Now naturally working with three Partners and multiple teams in different teams is an amazing exposure that also invites pressure for delivering the best possible outcome in the time-frame allotted. This will at times force an attorney to re-think his/ her usual course of strategy while working. Now pressure is not necessarily a bad thing because oftentimes the right amount of pressure makes one push beyond their standard limits and perform or achieve in a manner which was previously unexplored and which was the same thing that happened to me. Thankfully, I had some really great Reporting Partners, especially Nishad who would always remain calm despite including in those moments when I would make mistakes and he would have the presence of mind to not only let me know where I went wrong but what I could have also done to avoid it.  

    Your journey led you to Naik Naik & Co, where you transitioned from being an IP lawyer to a media lawyer. What prompted this shift, and how did it broaden your expertise in a wide variety of laws and matters?

    I always thought that IP is connected to Media Law as they virtually have the same basic foundation. After spending some time working in IPR I just wanted a new challenge and wanted to try something new. Luckily, at the time Naik Naik & Co’s media Litigation team had an opening and my interview was taken by none other than Mr. Ameet Naik himself, which is very rare because he’s generally not involved in the interview process.

    Mr. Naik at this point had the same question as why I would want to transition from IP to Media Law. He understood my reasons for wanting a new set of challenges and wanting to do something different and more than what I was already doing. I think it was the risk-taking factor that perhaps impressed Mr. Naik and Ms. Gadodia, and they were kind enough to offer me a position in Ms. Gadodia’s team.

    The moment I was brought into Naik Naik & Co, the initial years had nothing to do with IPR, I was made to attend to matters before the Mumbai-MCA, Co-operative Society Courts, Magistrate Courts for Cheque Dishonour matters, Arbitrations for Media production companies. It was this wide range of work that allowed me to really expand my horizons beyond IPR and learn and work in subjects in which I hadn’t had the opportunity earlier. Every matter that deals with a different subject requires a different style of thinking be it in IPR, Arbitration, IBC, Cheque Dishonour Disputes and it was this exposure provided to me by Naik Naik & Co., and specially due to the faith of Mr. Ameet Naik and Ms. Madhu Gadodia, that I was able to expand my horizons and understanding of the various aspects of law. It’s no secret that work-culture of Naik Naik & Co., of throwing their Associates in the deep end for handling and attending to matters is actually the very thing that makes Naik Naik & Co., Associates so unique because the amount of exposure to work and pressure we withstand is second to none and which results in some of the best Associates getting trained from our firm.  

    You’ve been involved in some notable cases during your time at Naik Naik & Co. Can you share some key highlights or challenges you encountered while handling cases like Amitabh Bachchan’s Personality Rights John Doe Action or the “The Kerala Story” Pan India Litigation?

    I have actually had amazing opportunities to be associated with some of the most unique cases handled by Naik Naik & Co., because of the vision that Mr. Ameet Naik has instilled in us. What most people don’t know is that the Amitabh Bachchan Personality Rights case did not happen over a course of a few days or months. In-fact the groundwork for the suit had begun during the Covid period. It was Mr. Naik who was the one who first understood that the legal framework and judiciary was ready and, in a position, to pass the first Personality Rights-John Doe order, and the only person on whose behalf we who could institute such a case who would be undeniable for this type of an action was Mr. Bachchan. This matter had Mr. Ameet Naik, very much involved with us and we were able to understand his plan of action as to how he wanted this particular case to be framed and what instances of third-party violations had to be highlighted before the Delhi High Court in order to maximise the chances of obtaining the desired result. This matter particularly for me was a great learning experience because not only was I put in a leadership role for attending to this matter but I was also led to understand the key requirements for a John-Doe style action and how important the structuring of a case was.

    In contrast to the Amitabh Bachchan Personality Rights case, the Kerala Story matter which saw multiple litigations coming out in different territories in India was hands-on live master class experience on how to get prepared in a Suit in a matter of few minutes. The reason why I say this is because Media Law litigation is extremely volatile and dynamic and a Media Disputes Attorney will have a very short time to prepare for a case, usually just one day before the date of hearing because for some reason people just love filing last minute actions, but the Kerala Story litigation was just another level itself. In this matter I got personally see Mr. Ameet Naik argue the matter before the Kerala High Court (via VC) and before the Supreme Court before the CJI, what’s also unique is that while these matters were happening we were also getting notifications of multiple litigation proceedings being instituted in different High Courts in different States. All of these matters were just beautifully steered and handled by Mr. Naik and Ms. Gadodia, in which I had a front row seat to be involved and learn from the best, which has immensely contributed to my understanding and growth as a lawyer.

    As someone who has progressed in the legal profession and gained recognition for your work, what advice would you offer to fresh law graduates who are just beginning their legal careers?

    When I was starting my career as an IP Specialist in R.K. Dewan & Co., a lot of people shared their opinions with me on how starting your career in a specialization in a particular field as a very bad idea and how I would never get to learn enough. Then when I made the decision to transition from IPR into Media Law, I had to again hear the opinions of people who suggested that after having gained a specialization I would not be able to cope-up and work in general law. Both opinions, while valid, turned out to be wrong because I was able to prove that they don’t apply to me.

    The reason why I share the above is because if there is a law student out there or a fresh graduate and if you are feeling the pressure of doing something safe or tried and tested then they should know that they don’t have to bend according to these so-called pundits’ opinions. No one can measure your ability or know the extent of your affinity towards a subject better than you alone. Have faith in yourself and be bold enough to take a risk with your career. There are no conventional or unconventional paths to take in law or in life, you are walking your own path alone and you alone can decide where you want it to lead you.

    On that note let me leave you with Steve Job’s quote stated in 2005 during the Stanford commencement address “Stay Hungry, Stay Foolish”.

    Get in touch with Sujoy Mukherji —

  • It is always an advantage to have a 360-degree perspective on briefs, as it helps avoid situations where you win the battle in one forum yet lose the war in another- Lakshmi Menon, Independent Legal Practitioner at Law Chambers of Lakshmi Menon

    It is always an advantage to have a 360-degree perspective on briefs, as it helps avoid situations where you win the battle in one forum yet lose the war in another- Lakshmi Menon, Independent Legal Practitioner at Law Chambers of Lakshmi Menon

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

    Can you share with us your journey and what inspired you to pursue a career in law, especially with your impressive academic achievements?

    Like many others, I was once keen on cracking the UPSC exams and making my mark as an IAS officer. I was told by my family and friends that attempting the UPSC with law as a subject paper would make things easier. This made perfect sense. Law is after all a key pillar of governance, and I believed that having a degree in law would naturally give me an edge over my competitors when attempting the UPSC exams. So to my mind, the law was simply a means to an end at first. This is by no means to say that I did not take my CLAT preparations very seriously. I moved to ISC from the State Board after Class X as I felt this would allow me to pursue subjects that were more relevant for CLAT with more rigor. I also signed up for CLAT coaching classes, and gave it my best to make it to a good law school. 

    My larger goal of clearing the UPSC did not waiver, that is until I actually started law school and fell thoroughly in love with the law. I was awed by this complex network of norms that held the social contract together while leaving enough room for clever interpretations and mental gymnastics that it never became tedious. I lost myself in my textbooks and lectures, spending hours at the university library to soak in as much as I could of what the law had to teach me. I soon realized that the law was no longer something I had to do, but something I wanted to do. Once this realization hit, I never looked back.

    As for my “academic achievements” as you call it, I believe they are the by-products of  two things. First, a genuine fondness for what I do, and second, discipline / hard work. I also believe that consistent performance, be it at academics or any area for that matter, is just as important as excellence. Consistency takes determination, and a willingness to commit continuous effort to whatever one does. This belief has helped me stay focused not just in my academics, but also in my work.

    You’ve had a diverse range of experiences, from working at a prestigious tax law firm to handling various civil and commercial matters. What prompted you to establish your independent law practice in 2019?

    It was in my first year of law school, when I participated in the Nani Palkhivala Direct Tax Moot in Mumbai, that I was drawn towards tax law. This led me to pursue an internship with Lakshmikumaran & Sridharan in my third and fourth years, when I was fortunate enough to be offered a PPO. The time I spent at LKS in the formative years of my career was crucial, as it concretised my affinity towards tax law and ensured that it would remain one of my core practice areas. My subsequent stint reading for the BCL at Oxford University considerably broadened my professional horizons and opened my eyes to the fact that I need not pigeonhole myself into any one branch of law. The course structure allowed me to craft a cocktail curriculum for myself comprising among other things finance, trade, and comparative corporate law, which prompted me to look beyond my interest in tax when charting my career trajectory. My internship with Mr. Philip Baker, QC, served as a reminder of the adrenaline rush that came with running a well-researched and well-presented matter, and rekindled my interest in litigation. Upon my return to India, I spent some time learning the ropes of litigation at the chambers of Adv. C.K. Nandakumar (now a designated senior counsel), where I also learned invaluable lessons on running an independent law practice. From there, establishing my own chambers seemed a natural progression and I was able to fulfil that dream in 2019 – thanks in no small part to the blessings and support of my wonderful group of family, friends, seniors, and colleagues. 

    Your practice covers corporate insolvency, property, tax, and other commercial and civil matters. Could you give our listeners some insight into the unique challenges and rewards of handling such a wide array of legal areas?

    There are moments when I identify all too well with the adage “jack of all trades and master of none” as a general practitioner, given the sheer scope of work. Apart from needing strong foundations in all areas in which you practice, you also need to constantly stay on top of domain developments – be it a landmark judgment settling (or-unsettling) a substantive question of law, or an obscure circular from a local authority that manages to make existing workflows obsolete in one swift stroke. Many colleagues also argue, perhaps rightly so, that the world is heading towards super-specialization. Increasingly complex problems call for increasingly complex solutions, and some say that it is simply too difficult if not impossible to gain the required level of insight into multiple domains at once.

    However, for every moment of uncertainty, there are two others to remind me that there is still immense value in what we do. It is always an advantage to have a 360-degree perspective on briefs, as it helps avoid situations where you win the battle in one forum yet lose the war in another. Such a perspective only comes with experience gained by handling matters across domains and forums. We also do not work in silos and make it a point to enlist the help of domain experts as and when required.

    In addition, and most importantly, the subjects we handle are all interconnected at various levels. It is not possible to practice say corporate or commercial law without having a good grip on property and tax law. Ultimately, what makes a good lawyer is their innate understanding of how people work and think. The broader your sense of how and what makes the world tick, the more effective you are as a lawyer. 

    You’ve represented both government and non-governmental organizations, as well as tier 1 and 2 law firms. How do you adapt your approach when working with different types of clients and organizations?

    Every client, whether a government organization or a business, has a set of attributes that is unique to them. This could be their nature of work, familiarity with the legal system, reporting requirements, personal convictions – the list goes on. There are some clients who need to be sat down and patiently walk through their legal strategy many times over, while there are others you may not meet in person at all and with whom you interact only when strictly necessary. Needless to say, a one-size-fits-all approach will not work here and you are expected as a lawyer to tailor your approach based on the unique attributes of the client as well as the matter at hand.

    While the specifics may vary, there are some aspects of client relationships that stay the same irrespective of the client. For instance, I make it a point to handle every client with a high degree of professionalism, always respecting the human element behind each litigation. I do not differentiate my clients on an interpersonal level based on where they come from or what their background is. Lessons learnt from working with some clients can also be transposed to others, making the overall processes stronger. 

    As a guest lecturer at several universities and a guest editor for peer-reviewed journals, you’re deeply involved in legal academia. How do these roles complement your legal practice, and what do you enjoy most about them?

    While I have carried forward an interest in legal academia from my law school days, I am not sure it would be accurate to call me “deeply involved” at this point, as time and bandwidth constraints have certainly impacted my involvement. In the past, I used to be a frequent contributor to my university law journal and newsletters, as well as some external publications. We had an in-house knowledge building team at LKS, whose high-quality content kept us young lawyers on our feet and up to date. At Oxford, I was part of the South Asian Political Thought Discussion Group and occasionally coached younger students for moots and peer-reviewed their papers. I still receive invites to deliver guest lectures on tax and insolvency law from time to time and speak at various events / platforms. 

    I believe it is important to keep in touch with legal academia in whatever limited way our work schedule permits. Making time to read the right literature and also interact with students and other academicians will go a long way in strengthening one’s knowledge pool, particularly on aspects one may not routinely encounter in the course of work. As the rush from one matter to the next rarely leaves room for creative thought or knowledge-building, it becomes necessary to find other ways to organically stay in touch with academia. This could even be something as simple as setting aside time to discuss learnings with peers and colleagues.

    You’ve been recognized with awards such as the “Emerging Women’s Leader” award. What do you believe contributed most to your success, both academically and professionally?

    Success in any field in my opinion is largely the product of three things – determination, hard work, and consistency. If you give enough time and commitment to anything you do, success will find you sooner or later. Cliched as that might sound, I can say from personal experience that the formula does work. I had my priorities well-set from a very early age and was highly driven to be good at whatever I did. I knew my strengths and weaknesses well, and I put in as many hours as it took to get the results I wanted. I was also fortunate to have a good support system of family that helped me however they could, especially my parents, my husband and one particular maternal uncle, be it through words of encouragement to inspire me or objective reality-checks to keep me grounded. 

    In your impressive list of publications, you’ve covered topics ranging from tax law to arbitration. Could you highlight one area of law that you’re particularly passionate about and why it matters in today’s legal landscape?

    Although I have written on a variety of matters in the past, they have all largely been the outcome and logical extension of some litigation or advisory opinion that I have rendered. This is an unfortunate reflection of the reality that litigation leaves very little time to focus on other areas of interest.

    That said, if I were to highlight one area of law as my favourite, it would have to be insolvency and bankruptcy law. As an office, we handle matters under the IBC across all forums, from the NCLT up to the Hon’ble Supreme Court of India. This has given us a well-rounded and elaborate perspective in handling complex IBC matters. Our interactions with a variety of stakeholders including shareholders, directors, creditors, resolution professionals / liquidators and others in the system have not only helped us better understand the commercial motivations behind many decisions made in the IBC space, but they have also given us the ability predict with some accuracy the roadblocks in a resolution / liquidation process and plan around them. India’s experience with insolvency and bankruptcy may still be maturing, but I very much look forward to continuing my work in this evolving domain.

    Given your extensive experience in the legal field, what advice would you offer to recent law graduates who are just starting their careers and navigating the legal profession?

    As a first-generation woman lawyer, I was told at various points throughout my journey that the road ahead would be more than a little challenging. When I left my plush corporate job and set out to read for the BCL and thereafter, came back to India to be a full time litigator, there were several well-wishers who gave me similar caveats about the transition to litigation. I can now say with the benefit of hindsight that they were not wrong. There is a lot of struggle and even more uncertainty, especially as an independent practitioner. In my initial years of independent practice, the lack of definite answers like where / when / how will the next brief come if they come and will they pay, were all very unsettling. And very honestly, they still are.

    What I was not told enough however, was how rewarding an experience it is to brave the storm and watch yourself grow into the lawyer you always wanted to be. It is in fact the years of struggle that taught me to trust myself better. I took many leaps of faith, some small and some big, I made mistakes, learned from my mistakes, sought help and gave help where I could, and made it my life’s mission to pursue my dream of becoming a good lawyer. I will take the very fact that I am speaking to you now as proof that all the time and effort put in over the years did pay off. 

    This would be my advice to my future colleagues who are just stepping into the legal profession as well. You have chosen a career full of promise and intrigue. The road to success may be more treacherous for some of you than others, but it will not be easy for anyone. The law truly is a jealous mistress, and will demand all the attention you can give. However, if you give it the attention it deserves, the sky’s the limit. Take the time to introspect and know the direction you wish your career to go, keeping in mind that there always is room to reorient down the line. Once you have this clarity, work with an office that teaches you not just the subject but also the smaller life lessons that will help you in your career. Build a robust network of friends, colleagues, and acquaintances, as the importance of reputation through word-of-mouth cannot be overstated. Last but not the least, never stop learning. There is an ocean of knowledge available at your fingertips – make good use of it.

  • The usage of technology and artificial intelligence to streamline legal processes and improve efficiency is a trend that will continue to grow- Rohan Sharma FCIArb, Principal Associate at Karanjawala & Company and Solicitor (England & Whales)

    The usage of technology and artificial intelligence to streamline legal processes and improve efficiency is a trend that will continue to grow- Rohan Sharma FCIArb, Principal Associate at Karanjawala & Company and Solicitor (England & Whales)

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

    Can you tell us about your journey into the field of law and what inspired you to pursue a career as an Advocate and Solicitor in both India and England & Wales?
    Coming from a generational family of lawyers, taking up law as a profession was a default option. However, after completing my graduation in Political Science (Hons.) from Delhi University, I initially dabbled in venturing towards doing something Information Technology or Business Administration, but not getting the college of my choice I finally decided to pursue law. By the time I made my decision, the entrance exams for both IP University and Campus Law Center, Delhi University were over, so I took up admission at Mewar Law College, C.C.S University. Looking back I regret that despite the opportunity I never interned with any law firm or Advocate during my studies at the law college. 

    After completing my graduation I read law in the chambers of Sr. Counsel Mr Arun Bhardwaj for almost 6 years and practised both on the Civil and criminal side during which I had secondments with both English and Singapore law firms, and then in 2013 I joined my current law firm Karanjawala & Co, I am very grateful to Mr Raian Karanjawala who gave me the opportunity to sharpen my legal skills in my current firm which I call the “AIIMS” of legal practice, because of the sheer amount of diverse matters one gets to handle ranging from complex commercial disputes, PIL, writs petitions, etc to family disputes and one is exposed to the whole spectrum. My supervising partners, Debmalya Banerjee and Meghna Mishra, also deserve credit for their priceless guidance and mentorship.

    Credit goes to my father who encouraged me to become a Solicitor as after completing of LL.B., we discussed the possibility of doing an LL.M. However, I was not keen to do further studies, so he suggested that I should sit for the Solicitors conversion test and simultaneously work with either English or Singapore law firm for some time abroad to broaden my horizons. I qualified as a Solicitor after taking the erstwhile conversion test known as the Qualified Lawyers Transfer Test (QLTT) in 2010 and my experience working at Clyde & Co, London gave me key insights into the life of an English Solicitor. Following my secondment at Clydes, I had the privilege to join Rajah & Tann in Singapore where I worked under the current Chief Justice of Singapore, Mr. Sundaresh Menon SC, as well as Jainil Bhandari, Partner in Admiralty & Shipping, and Prakash Pillai, Partner in International Arbitration and then later on I continued my professional journey at Herbert Smith Freehills, under Mr. Nicholas Peacock, Partner in Arbitration.

    Just before the Covid 19 pandemic, I submitted my application via The Experienced Practitioner Route (EPR) to become a Fellow with the Chartered Institute of Arbitrators (CIArb) which is the world’s largest community of alternative dispute resolution (ADR) professionals, and in 2020 after review of my application and interview by the main office at London, I was inducted as a Fellow.

    With around 15 years of experience in civil & commercial litigation, arbitration, and corporate matters, could you share some key highlights or memorable cases from your career that have had a significant impact on you?

    Sure, let’s start in a descending timeline, in 2022, it is every lawyer’s aspiration to brief and assist Mr Fali Nariman, Sr. Advocate who had been on hiatus for quite some time, my chance to brief Mr Nariman came during the COVID pandemic in 2022 when Mr Nariman agreed to appear for Surat Parsi Panchayat Board before the Supreme Court who were seeking a traditional burial of Parsi Zoroastrian Covid-19 victims. From the initial preparation of the special leave petition to the final disposal of the matter, Mr Nariman even at the age of 94 is full of energy and spent a great deal of time and energy going through every document. Mr Nariman used to dictate numerous notes, which he used to consistently amend to make them as concise as possible for the Bench. My big takeaway is to consistently think about your case as with the passage of time you are able to articulate the material facts required for the applicable rule in a concise manner. 

    The culmination of a successful arbitration (Government Of NCT Of Delhi. Vs. M/S Shonkh Technologies ) that started from seeking an injunction (Section 9 of A&C Act Petition) against the termination order passed by the Transport Department, Government of NCT in 2013 against our clients- Concessionaires. Due to the sheer volume of documents we had to sift through and collate them in a logical manner in relation to our claims with the various Sr. Advocates that were briefed in the matter starting from Mr Gopal Subramaniam, Dr. Abhishek Manu Singhvi, Mr Sandeep Sethi, Mr Saurabh Kripal and  Mr Chinmoy Sharma, gave me a front row seat the manner in which the said Sr. Advocates muster and applied law to common facts, their legal strategy has been invaluable in my growth as a lawyer. The case is memorable as the client reposed faith in me and referred me to subsequent matters. 

    During my initial days of joining Karanajwala & Co I was marked on an ongoing writ petition against an Insurance Company that had unilaterally deleted rain cover for a cricket match and subsequently repudiated the insurance claim. After two concurrent findings by Delhi High Court that writ petition is not maintainable, we were able to successfully persuade the Supreme Court to set aside the concurrent findings. This case is memorable as we developed the parameters for invoking writ-large jurisdiction concerning insurance policies, rather than resorting to alternative remedies.

    I have had the best time working at Barlow Lyde & Gilbert now known as Clyde & Co and I express deep gratitude to my supervising partners Mr Richard Black, Eurof Lloyd Lewis, Patric McGonigal, Jeb Culow and colleagues Lyall Hickson, Leon Alexander and Kenzia who involved me in their matters, encouraged me and were patient in clarifying my numerous concerns. 

    During my tenure in the Marine Energy & Trade department at Barlows, Mr. Black engaged me in the Elektrim SA v Vivendi Universal SA case, which was a multi-billion-euro dispute ranked by American Lawyer magazine as the 11th largest arbitration in the world in the year 2008. As this matter had only a limited number of associates involved due to its focus on insolvency issues and compliance with EU Regulation No. 44/2001, rather than shipping-related disputes. So Mr Black involved me and I had the chance to undertake various tasks preparing notes for the hearing, from drafting witness statements & procedural applications, bundling & filling, attending conferences with Barristers and Kings Counsels such as Gabriel Moss KC, Richard Millett KC & Julian Kenny KC, court hearing, etc.

    I recall that in one of the hearings before the Commercial Court, Royal Court of Justice, Mr Toby Landu KC who acting for the Vivendi Universal SA during his submissions quoted from the book- EU Regulation on Insolvency Proceedings which was incidentally authored by Gabriel Moss KC who was leading us in the same matter which lead to a series of amusing comedy of errors during the hearing.

    One of the other big matters- Congentra AG v Sixteen Thirteen Marine SA (The “Nicholas M”) in which assisted & acted for the Russian Charterer- Congentra AG against the Greek Shipowners-Sixteen Thirteen Marine SA who had instituted London arbitration proceedings and obtained attachment order in New York in support of their arbitration claim. We counterclaimed that the attachment order was wrongfully obtained and the injunction should be discharged. We were led by Richard Southern KC, Richard Walker KC and Anna Gotts. Leading up to the dispute the emails were exchanged from different parts of the world so to get a real sense of the timeline I remember we had to cross-reference each email with the corresponding UK, Russian and New York time. 

    You are the Director of the Federation of Indian Corporate Lawyers (FICL), a not-for-profit organization. Could you tell us more about FICL’s mission and the role it plays in the Indian corporate legal community?

    Yes, FICL (www.ficl.org.in) was incorporated during the Covid pandemic in 2020 as a not-for-profit company. FICL’s vision and mission are centred around becoming the leading advocate for corporate lawyers in India. We aim to facilitate the sharing of legal expertise among the Indian corporate legal community while promoting the highest professional standards and offering valuable developmental opportunities for in-house lawyers and legal professionals in India to enhance their skills and expertise. To that effect, FICL released “FICL Code of Ethics & Standards of Professional Conduct for In-House Lawyers’ ‘ (“FICL Code”) during its Inaugural “FICL 1st Corporate Lawyers Summit 2022 held in New Delhi. FICL Code aims to provide general guidance on the ethical and professional standards to the In-house corporate lawyers community in India. 

    This year Justice Navin Chawla (Delhi High Court) released the results of India’s first “Survey on Dispute Resolution in India” undertaken by FICL & Centre for Trade and Investment Law (CTIL) during FICL’s annual one-day conference “DELHI DISCOURSE 2023”. FICL signed a Memorandum of Understanding with the Singapore International Arbitration Centre (SIAC), Beihai Asia International Arbitration Centre Pte Ltd (‘BAIAC’) to promote international arbitration as a preferred method for resolving international disputes. FICL also supports seminars of ICC, SIAC, IPBC, ACGC, Singapore Academy of Law, АРАС, etc for wider reach and participation of key stakeholders. 

    In 2022, you were recognized as one of the Forbes Top 100 Individual Lawyers in India and received the Lex-Falcon Global Award for Outstanding Achievements in the Legal Industry. What do these recognitions mean to you, and how have they influenced your career?

    These recognitions hold immense personal and professional significance for me, as they validate the dedication and effort I have invested in my practice. They serve as a powerful motivator and a source of pride, not only for myself but also for my team and my current colleagues Kartik, Nicholas, Anmol and Shreesh who have supported me along the way. Moreover, these accolades have had a substantial impact on my career trajectory. They have enhanced my professional reputation and opened doors to new opportunities. For instance, they have facilitated networking with like-minded professionals, leading to collaborations and partnerships that have further enriched my work.

    Your professional journey has taken you to law firms in India, London, and Singapore. How has working in these diverse legal environments shaped your perspective on the practice of law?

    I consider myself fortunate to have had the opportunity to work in diverse legal environments, which has greatly enriched my legal skill set. For example, in the UK, it is common for English Solicitors to engage in settlement negotiations and discuss the merits of a case without prejudice before it proceeds to a hearing, as the prospect of bearing actual and punitive costs in the event of loss weighs heavily on the parties involved. Likewise, I have observed that the legal practice in Singapore tends to be characterized by its clinical and direct approach. All in all, my experience of working in leading law firms across different parts of the world has provided valuable insights into their approaches and behaviours in different situations. 

    You’ve been involved in a wide range of legal matters, from representing corporations in arbitration to dealing with government regulations. Can you share some strategies or insights you’ve gained for effectively navigating complex legal landscapes?

    Whilst navigating disputes complex or otherwise, what I have learned is to develop a central theme like a tree trunk and then to categorise all the ancillary, supporting points like branches. This is also useful for complex legal issues where you can compartmentalize your key premises by using deductive and inductive reasoning methods as to why the court should rule in your favour. One should use a visual representation of a complex problem/ transaction by way of charts, diagrams or photographs which break down a big issue into bite-size issues which are easy to understand. 

    In drafting with the advent of cut-copy-paste, there is always an inclination to paraphrase and verbosity does not help either your clients or the judges so keep it concise. If you represent the Plaintiff- use active voice and vice versa for the Defendant. As mundane and time-consuming as it may be, make it a point to peruse through all the correspondence, documents, etc yourself and not solely rely on the client’s inputs.

    It’s prevalent for English solicitors to maintain a case diary/logbook, which basically is a notebook in which they pen down their case notes, client conferences, conferences with Barristers, coordination, etc which serves as a time capsule and it can be referred back for clarification, itemising memos, etc. This practice I believe one should inculcate.

    Can you discuss any trends or developments in the legal industry that you find particularly interesting or noteworthy, especially in the context of India and international practice?

    Technology Adoption: The Indian legal industry has increasingly adopted technology solutions for tasks such as e-filling, document review, research, case management, VC hearings, etc in the aftermath of the confinement during the COVID-19 pandemic. The usage of technology and artificial intelligence to streamline legal processes and improve efficiency is a trend that will continue to grow.

    Entry of foreign law firms in India: The much-awaited entry of foreign law firms this year by BCI is a big development that has happened this year. As these foreign firms establish a presence in India, a demand for local legal expertise in areas such as transactional and corporate law, JV, M&A, intellectual property, contract drafting, etc would emerge. The inclusion of foreign law firms in active participation in arbitration cases in India in form of either venue or seat will contribute to India’s potential to become a prominent international arbitration centre akin to London and Singapore. Simultaneously, this would open doors for Indian legal professionals to engage in arbitration activities abroad, presenting substantial prospects for them.  

    Alternative Dispute Resolution (ADR): India is ranked the fifth-largest economy in the world which is fuelled by mega infrastructure projects, Services, IT, manufacturing, etc. Consequently, the momentum of this booming economy often translates into an increase in commercial disputes. Resolutions of commercial disputes through arbitration and the newly enacted The Mediation Act are popular ADR methods. Furthermore, making India the hub of International Arbitration has been one of the pioneering initiatives of Prime Minister Shri Narendra Modi. So I do see a huge potential in this area.

    Finally, as someone with a wealth of experience and achievements in the legal field, what advice would you like to give to fresh graduates who are just starting their legal careers and are eager to make their mark in the profession?

    I am reminded of what a KC said to me when I was delivering hearing bundles at his chambers he asked “What is the similarity between mushroom and trainee solicitor” after a few moments he replied, “Both are kept in the dark and fed shit”. My advice to recent graduates is to prioritize the finer details, such as organizing paperwork in accordance with court records and staying in regular communication with your seniors regarding case progress or when things go south. These are the qualities that will make you stand out and your Seniors will entrust you with greater responsibility. Make a habit of writing legal articles periodically. The rest is about embracing your legal journey with a touch of humour and paying attention to your mental health. 

    Get in touch with Rohan Sharma-