Super Lawyer

Category: Law Firm

  • Try to step into the shoes of the client who needs to run a business and is seeking advice from you- Toshit Shandilya, Partner (Competition Law) at AZB & Partners

    Try to step into the shoes of the client who needs to run a business and is seeking advice from you- Toshit Shandilya, Partner (Competition Law) at AZB & Partners

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

    To start this conversation, could you please tell us how did you end up in law, and what inspired you to focus on competition law?

    Law was never planned. I was a science student who feared mathematics and was sure that medical was not in the mix because of many years of studies involved. That left a few choices — law still wasn’t an option. I come from Udaipur in Rajasthan, law wasn’t a popular choice in my city at that time, very few people knew about 5-year law course and existence of National Law universities. For me, law happened in the process of trying everything else that was left and during the preparation of entrances it looked interesting. Then I secured a spot at NLU Delhi as part of the first batch.

    Competition law isn’t a mandatory subject in law schools. I developed some interest in the subject after I did a couple of moot court competitions on competition law. In my university at that time, moot court competitions were far more important than they should be, partly because as first batch we had limited things to do and limited guidance. These moot courts helped me secure some internships in the competition law teams of law firms and then I started enjoying it. Competition law is a very practical law and every new case or a proposition requires you to understand how that business works. This is immense learning and the other thing is that this law requires you to understand economics which is very interesting.  

    You’ve worked with several prestigious law firms in India, including Talwar Thakore & Associates, Shardul Amarchand Mangaldas & Co., and now AZB & Partners. How has your experience differed across these firms, and what have you learned from each of them?

    I have been privileged to have worked with some of the best competition lawyers. It’s difficult to compartmentalize the learning because I have been at these places in different phases of my career.

    I started my career with undivided Amarchand and continued at Shardul Amarchand. The team then wasn’t large and they were already doing some of the most important cases. The biggest learning for me in my formative years there was agility and pace that law firm practice demands. We used to do multiple diverse things in a day ranging from attending a court hearing, advising on commercial arrangements, preparing merger notifications for many days. Over the period, as the team grew, working with people of different approaches and styles helped developed adaptiveness which has always helped me.

    TT&A competition team was small and doing quality work. My takeaway from this short stint was to develop strategic thinking. In some sense, this was shifting gears from being a pure executioner to a well-rounded lawyer who can be a trusted advisor to the clients.

    By the time I joined AZB I had spent more than 5 years practicing competition law and had experienced two law firms. AZB has been a great platform in honing skills of client management, leadership and providing commercial solutions. AZB as a firm encourages growth in terms of even young people taking up challenging roles and be the front and center of top cases. Obviously, you develop these skills as you go along but there is genuine encouragement and effort in pushing people to take ownership. This continues to be a good thing for me.

    The biggest learning common across the three places I have worked is to continue to keep the hunger to be better, to be part of leading cases, to be involved in policy shaping.   

    As a senior associate and now partner in the competition law team, you’ve worked on a variety of high-profile cases. Can you share some of the most challenging and interesting experiences and outcomes?

    It may sound cliched but every case is challenging, interesting and high-profile for the client you are working for. I have been very fortunate to have worked on a number of precedent setting cases. Regardless of the outcome, I have personally enjoyed working on some enforcement cases in the natural resources sector and technological markets.

    One of the most interesting cases that I had the opportunity work on was a case that defined the boundaries between competition law and sectoral regulators. There are areas between competition law and sectoral regulations that overlap and this interesting debate was settled by the constitutional courts. This was a great learning experience also because we had to deal with other areas of law and try to align them to the competition law.

    This is the age of technology and there are many cases in this area that I am currently working on. Novelty of issues in the tech cases I have worked on pushed us to go the extra mile to bring forth the most lucid way of putting across a point. It is really enjoyable to do that extra research and acquaint yourself to the issues, the product and then the competition concerns. The area is new to the lawyers and the regulators and therefore challenging.  However, the best part about technology related issues is that it is pragmatic, it relates to things happening around you, it feels like you are dealing with real life situations around you. The law is still developing in this field and it is a great opportunity to be part of development of law.

    Merger control is a big part of competition law. Could you walk us through the process of advising clients on securing CCI’s clearance for mergers across various industry segments, including telecom, technology, defence, cinema exhibition, aviation, packaging, and shipping?

    Merger control is a key part of competition law practice. Having narrowed down to practicing competition law, I couldn’t afford to confine myself to antitrust aspects only. Merger control may appear to be relatively straightforward but there are different kinds of challenges there.

    There is a lot of creative structuring of transactions and that makes the aspect of notification itself interesting. There are a series of exemptions which leave some room for interpretation and application.

    Then there is the actual notification part. You need to understand the business for making merger control filings with the CCI. There is a lot of interaction with the business teams while preparing the notification form to define market, to collect data and business specific information. In some complex merger control filings, there is a lot of economic analysis involved. The important thing about merger control is that it is forward looking so the regulator and the lawyers have to both be clear and careful at the same time when analysing a complex merger control case.

    You’ve also advised clients on competition as well as litigation in cases involving complex intersection of competition laws and intellectual property rights. How do you navigate these complex legal issues, and what are some of the key challenges you’ve faced in these cases?

    This is a very interesting intersection of two laws that aim to support innovation and consumer benefit. But on the face of it look contradictory. IP laws say that innovator should have exclusive right over its innovation and the competition law say that exclusivity is bad.

    So, when we faced cases where people complained against IP holders alleging abuse of dominance, it raised really complex issues. Thankfully, there was some guidance from other mature jurisdictions who have seen these issues. But to contextualize them in Indian context before courts was a very interesting experience. Some of these cases are still live and it will be an interesting to see how the CCI and courts decide these issues.  

    You clerked under Justice V S Sirpurkar, Former Chairman, Competition Appellate Tribunal and Former Judge Supreme Court of India. How did this experience shape your understanding of competition law and your approach to legal work?

    This was my last internship in the University. I had done 2-3 internships in competition law before this but undoubtedly, the clerkship at the COMPAT was most rewarding for multiple reasons. Learning the subject, preparing for cases and just general work ethic. I learnt a lot from the close association with Justice Sirpurkar.

    Had the good fortune of seeing some of the most important cases on competition law argued when I was assisting Justice Sirpurkar. In some sense it was my real exposure to the law. Because you could see all kinds of cases and all kinds of lawyers argue cases, I also closely saw the preparation that goes in preparing for a matter. Had a first-hand experience of seeing the difference between a manageable day, a good day and a great day in the court. Judges by definition are keen observers and a good preparation sets the case apart.

    Justice Sirpurkar is a generalist judge so he used to put in extra effort in understanding and studying the law. Consequently, I needed to study, discuss and analyse the legal issues with him regularly. That period was more of a practical education than of first brush with working in competition law for me.

    What are some of the most exciting developments in competition law right now, and how do you see the field evolving in the next few years?

    As I said earlier, this subject is extremely pragmatic and relatable so it is not going out of fashion anytime soon. On a lighter note, businesses as they grow big, they will do things to remain there and cartels date back to the beginning of the civilization so I don’t see that stopping anytime.

    What changes about the law is applicability to the things that are happening around you. Today the buzz in the town is big-tech and their conduct. There is an ongoing debate across the globe on whether the existing tools on competition law are sufficient to address the so-called new age problems around big-tech. In India, we have had our own share of play with big-tech some cases are decided others are under investigation. Policy level changes to have dedicated laws around regulating are being discussed and there is likely to be experimentation around that. So interesting times ahead and happy to be part of this.

    What do you like to do when you’re not practicing law? Any hobbies or interests that you’d like to share with our viewers?

    I listen to music and constantly try to revive my dying habit of non-law reading. Watching fiction takes most of my time reserved for hobbies and am trying to change that. If I could give one advise to lawyers just joining the profession, it will be that make that extra effort in keeping your hobbies alive, take time out to follow them. It is important to have them otherwise this profession can suck you into it without you even realizing it.

    Finally, what advice would you give to law students and young lawyers who are interested in pursuing a career in competition law, and what qualities do you think are essential for success in this field?

    That is a simple answer for me. Professional competence is important but it is just the bare minimum. You need to have an inquisitive mind and be practical in your approach. Try to step into the shoes of the client who needs to run a business and is seeking advice from you. These qualities are needed across the board for doing well in any stream of law.

  • From the clothes we wear to the recipes of food we eat, IP forms a part of anything and everything that revolves around us on a daily basis- Arpit Jain, Founder at Lawdroit

    From the clothes we wear to the recipes of food we eat, IP forms a part of anything and everything that revolves around us on a daily basis- Arpit Jain, Founder at Lawdroit

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

    Sir, can you tell us a little bit about yourself and how you became interested in law?

    I describe myself as a person on the prowl for learning new things. Even when I was pursuing Engineering, I always had an eye out for the latest developments in the law. Subsequently, I completed a course to feed my curiosity in Cyber Law then got my law degree followed by a Master’s degree and, ever since, have not looked back.

    What inspired you to focus on trademark, copyright, design and patent law, and what do you find most rewarding about it?

    My inspiration is derived from the omnipresent nature of Intellectual Property. From the clothes we wear to the recipes of food we eat, IP forms a part of anything and everything that revolves around us on a daily basis. If that is not inspiration, then what is? The most rewarding factor of IP is the never-ending brain-racking challenges the clients present in continual. To fit their ideas into the right mould in IP and the same reaching to fruition is what being rewarded truly means to me.

    Could you describe your experience as a founder of Lawdroit and the types of cases you handle there?

    LawDroit is a dynamic law firm. I established it with the motive of “IP under one roof,” and that is what I have aimed for. I started off with India-based clients, the work involves IP prosecution to litigation, and now with the help of my team have slowly expanded into International arenas as well. The experience has been nothing short of a roller-coaster ride, but when you love what you do, the low lows are a teaching point rather than a despondent experience.

    How do you advise clients on the registrability of trademarks, and what factors do you consider when conducting trademark clearance searches?

    All my work experience has taught me is that the trademark clearance search forms the ground norm of any brand. I usually assess a trademark based on how unique it is for the perceiving public. The questions I ask myself while conducting a search involve the risk of confusion, availability in the Trade Mark Office register, and whether a prior party exists, which can later turn into a red flag.

    How do you approach opposition proceedings, and what strategies have you found to be most effective?

    The most effective strategy is gauging the interest and capabilities of the other party. Before commencing an opposition proceeding, I make sure to assess how my client’s rights in the conflicting trademark are getting affected and what is the severity of such an infringement. The strategies revolve around honest concurrent use or acquired statutory or common-law rights.

    What do you think are the biggest challenges facing intellectual property law in today’s global economy?

    The first and foremost challenge I can put my finger on is the lack of knowledge. The unawareness of the aspects or the prospects that surround IP. I have come across various instances where a client wishes to safeguard a particular design but has already released it in the public domain, which makes it outrightly impossible to protect such nuances that can easily be avoided with proper awareness.

    You mentioned that you will be appearing for the Barrister and Solicitor exam in Canada later this year. What motivated you to pursue this additional qualification?

    I embarked on this journey a while ago, and additional qualifications never hurt. My only motivation, as also stated above that we are now expanding our clientele internationally, and this step was taken to embark on more projects with primary knowledge of the Canadian law of the land.

    Finally, what advice would you give to fresh graduates who are interested in pursuing a career in law, particularly in the area of intellectual property?

    My advice is two-fold. First, do not be dependent on someone to come and spoon-feed you the procedures and the law. In today’s internet era, when there is a never-ending cluster of knowledge, embrace that and read. Secondly, do not shy away from asking questions during internships and do not decide on a particular field too early. Explore a little and circle back to what floats your boat and will continue to float your boat 30 years down the line as well.

    Get in touch with Arpit Jain-

  • I believe that publicity for a lawyer should be achieved through client satisfaction and maintaining high level of ethical and professional standards in the chosen field- Hari Narayan, Partner & Maritime Lawyer at United Maritime Law Chambers

    I believe that publicity for a lawyer should be achieved through client satisfaction and maintaining high level of ethical and professional standards in the chosen field- Hari Narayan, Partner & Maritime Lawyer at United Maritime Law Chambers

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

    Sir, can you tell us a little about your background and how you first became interested in law?

    Coming from a legal background, it was my natural instinct to get attracted to the legal profession and follow in the footsteps paved by my father and grandfather. I still remember my school days when my father used to take me to the court and let me watch the proceedings even though I never understood what transpired there. But it was still a thrilling experience for me to watch live actions in the courtroom which was entirely different from what was shown in movies. From my younger times, I was fascinated by the amazing world of law and had a strong determination to become a lawyer. Though my dream was to become a barrister I ended up being an advocate.

    What inspired you to specialize in maritime and shipping law specifically?

    During my initial days in the profession as a junior advocate, I had occasions to deal with matters relating to maritime and shipping law, including cargo claims and ship detention. But I never had a sound knowledge of this subject. The legal profession being a knowledge-based industry, I felt that it was necessary for anyone aspiring to specialise in any branch of law to acquire considerable knowledge on the subject. Shipping being an international branch of law it was all the more necessary to be familiar with International conventions which govern the field. India being a maritime nation and government promoting port sector and allied infrastructure development it is just a matter of time that maritime activities will flourish and as a consequence commercial disputes could emerge. That apart, only very few firms in India handle maritime disputes on an exclusive basis.  It was in this background that I felt the need to set up a boutique firm handling maritime-related issues. 

    Can you walk us through some of the most interesting cases you’ve worked on throughout your career?

    Shipping-related issues are always interesting considering the element of adventure involved in maritime. During ancient days, the shipping industry was considered suitable for those who are bold and brave and ready to face the perils of the sea. I had occasions to conduct maritime cases on a pan india basis involving huge stakes and also cases relating to piracy, salvage and general average which are not very common in India. One such case which went all the way to Supreme Court was related to the detention and arrest of crew onboard a foreign flag vessel suspecting possession of arms onboard. In fact, the vessel was involved in anti-piracy operations and as part of its engagement to provide security for merchant vessels transiting through high-risk areas, it used to deploy armed guards. On the premise that possession of arms without license is illegal under the Arms Act in India, the entire crew onboard the vessel was arrested most of whom are foreign nationals. The crew were forced to remain in India for a few years until the court set them free of all allegations. I also had occasion to appear before foreign seated arbitral tribunals in disputes relating to Charter party, new constructions, salvage etc. I was also fortunate to be nominated as  arbitrator under LMAA terms on a couple of occasions.

    You’ve spoken at numerous international events and served as a faculty member at several universities. What motivates you to pursue these opportunities outside of your practice?

    I always believe that if sharing your experiences and knowledge even if in a small way could benefit others then that is the best way to reciprocate what the legal industry has given you. That apart, interacting with people from different parts of the world will give us new ideas and also provide with new opportunities, for further advancement of career. It is often said that being a lawyer, you are part of a learning process almost every day and therefore through knowledge sharing sessions you also gain valuable insights into new developments in the field of law. 

    Can you share any particular challenges or obstacles you faced while building your law firm, UMLC?

    Though we were able to develop shipping practise within India in considerably short period of time, it was not an easy task to make the presence of the firm felt in the international arena. However, with constant efforts including attending international conferences and building a global network especially in key jurisdictions the firm was able to get over the initial struggles during the formative stage. When foreign firms are able to publicise their core strengths and achievements through advertisements and websites, we still have restrictions to follow the same in India. Thus atleast in maritime sector it doesn’t provide a level playing field thus putting Indian firms to much disadvantage. Having said that I believe that publicity for a lawyer should be achieved through client satisfaction and maintaining high level of ethical and  professional standards in the chosen field. 

    What do you think sets UMLC apart from other law firms specializing in admiralty law?

    Apart from regular cargo claims and ship arrests, our core area of specialisation lies in charter party disputes which eventually lead to maritime arbitrations seated in foreign jurisdictions. Doing LLM in maritime law from Southampton University has indeed helped me in connecting with key people in the industry especially those working in clubs and shipping law firms abroad. This has tremendously helped us in handling legal matters in India as well as in foreign jurisdictions with lot of ease and comfort.

    As someone who has been in the legal field for over 25 years, what advice would you offer to recent law graduates who are just starting out?

    The only advice I could give to young potential lawyers is that there are no shortcuts to success and the only way to achieve the same is through hard work, dedication and perseverance. One should never compromise on ethics and must follow the best practices in the industry. Take up every opportunity you get as a learning experience and never stop learning. 

    Get in touch with Hari Narayan –

  • We all lawyers are fortunate that ‘skill’ is paramount and most valuable factor to be successful and survive in the legal industry- Ambuj Sonal, M&A, PE & VC, IBLJ Future Legal Leader, Forbes Legal Powerlist ,Next Generation Partner-The Legal 500, Associate Partner at Link Legal

    We all lawyers are fortunate that ‘skill’ is paramount and most valuable factor to be successful and survive in the legal industry- Ambuj Sonal, M&A, PE & VC, IBLJ Future Legal Leader, Forbes Legal Powerlist ,Next Generation Partner-The Legal 500, Associate Partner at Link Legal

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

    How did you end up pursuing a career in law, and what inspired you to specialize in corporate and commercial law, M&A, joint ventures, private equity, exchange control and foreign investment?

    I completed my schooling from a very small town, Bokaro in Jharkhand. I was a science student until my 12th Board, however, I did not find interest in continuing with science and was hoping to change my stream. I started applying for journalism courses in Delhi and thought that this career path is the most suitable for me. I came to know about National Law Schools through my brother and decided to explore both journalism as well as law. I got selected for both, however decided to opt for law.

    I was selected for an internship in 2011 with DH Law (which merged its practices with Link Legal in 2016). During this internship, I worked on a lot of assignments relating to M&A, joint ventures and researched a lot on companies, businesses and regulatory issues. This created a vast interest in continuing in the same field and I was fortunate to receive a job offer from DH Law, Mumbai, post completion of my B.A. LL.B.(Hons.) in 2012. While I was ready to start my career in any given practice area, I found interest in this particular area after I was involved in all the stages of an acquisition deal in 2013. Thereafter, I decided to continue this area of practice.

    Can you walk us through your experience working as an Associate at DH Law Associates and Senior Associate at Link Legal, Mumbai? What were some of the challenges you faced, and how did you overcome them?

    I started with DH Law as an Associate in 2012. It was a smaller set up with great mentors. I had an opportunity to work on various assignments including deals, international arbitration, litigation as well as advisory. The challenge at the initial stage was to learn by yourself and deliver in time. As a fresh graduate, who had no experience of even an internship in a bigger law firm, the major challenge was to meet the quality of deliverables with market standards. With the guidance of the partners of DH Law coupled with my own passion and hard work, I think I was able to meet the required deliverables. Once a law student is required to work as a qualified lawyer, the main challenge is to understand the right issue involved in any assignment. Framing of the right issue is challenging initially, however, if you learn that art, you will succeed in profession.

    DH Law merged its practices with Link Legal in 2016 and I also became a part of Link Legal and worked as a Senior Associate. The main challenge of a Senior Associate is to own the assignment, lead the transaction and simultaneously start training the juniors in the team. Delegation is the key when you take up major responsibilities. There are always late working hours depending upon the work load, however, you need to put that extra effort and concentrate on your value addition on the entire transaction.  

    As the Deputy General Manager (Legal) at Lodha Group, how did you manage to handle the legal responsibilities for one of India’s largest real estate developers? What were some of the significant projects you worked on, and how did you add value to the company?

    The decision to move to Lodha Group came after a lot of thought where I wished to experience the challenges of an in-house counsel. I would say that the legal team in Lodha Group consisted of one of the bests lawyers whose professional approach was top notch. As an in-house counsel there are several challenges with more accountability on whatever you advise and strategies for the company. Lodha Group is one of the largest developers and were in the phase of expansion which required a lot of investments, joint ventures and commercial arrangements with big real estate funds, investors and banks. During my time at Lodha Group, I worked on assignments including setting up of infrastructure park, structured financing deals, debt investment assignments and joint ventures on regular basis. I think my transactional experience working with DH Law and Link Legal helped me to add value in these transactions and achieve the objectives of my team in timely manner.

    You have been recognized among the top individual lawyers for corporate and commercial law in the Forbes India Legal Power List 2021. How did you achieve this recognition, and what advice would you give to young lawyers aspiring to follow in your footsteps?

    I felt delighted and humbled after being recognized by Forbes India amongst the top lawyers (less than 10 years’ experience).  There was no planning to achieve this, frankly, it happened due to the visibility and experience you gain in the market. The client’s feedback is of utmost importance in any feet you achieve. Post this recognition, in 2022, I have also been named as a ‘Future Legal Leader’ by India Business Law Journal and as a ‘next generation partner’ by Legal 500. All these recognitions come only when you are recommended by your clients which means that you have to give your hundred percent on whatever assignments you are working on. A piece of advice to the younger lawyers would be to focus on quality of your deliverables and automatically your visibility and client recommendations will increase.  

    Can you describe your role as an Associate Partner at Link Legal, Mumbai, and the most exciting projects you have worked on in this capacity?

    As an Associate Partner at Link Legal, Mumbai, my role is to work as a leader of assignments within the team, be responsible for client deliverables, business development, managing your resources and work allocation. Some of the exciting transactions that I have worked in this capacity are –

    • Advised Auctus Advisors and its shareholders on its acquisition by YCP Solidiance International, a subsidiary of YCP Holdings, which is a company listed on the Tokyo Stock Exchange.
    • Advised JSW Foundation in setting up of the Skill India Impact Bond, a first of its kind and India’s largest impact bond, launched by the National Skill Development Corporation (NSDC). The other funding members of the SIIB includes, British Asian Trust, the Michael & Susan Dell Foundation, the Children’s Investment Fund Foundation, HSBC India and Dubai Cares, with FCDO (UK Government) & USAID as technical partners.
    • Advised Doncasters Group of Companies in relation to the Indian element of its global acquisition of Uni-Pol Group of Companies.
    • Advised Howen International Fund SPC, a Cayman Island fund, in its pre-series A investment in Sundaravijayam Automobiles Services Private Limited (known as Ready Assist).
    • Advised Almas Global Opportunity Fund SPC, a Cayman Islands based fund, in its investment of approximately USD 4 (Four) Million through primary and secondary investment in Jupitice Justice Technologies Private Limited, a justice technology company based in Chandigarh, India.

    How do you keep up with the constantly evolving legal landscape, and what resources do you rely on to stay informed about the latest developments in your field?

    There are several ways to keep yourself updated. The first and foremost is to read the newspapers every morning. Newspapers capturing the business updates are very crucial and reading articles provides you with the sectoral knowledge and the relevant updates. As a transactional lawyer, you need to religiously start your day by visiting three important websites of the regulators – Ministry of Corporate Affairs, Securities and Exchange Board of India and The Reserve Bank of India. This habit will keep you updated in this constantly evolving legal landscape.

    What advice would you give to the young professionals who are at the struggling phase of their respective careers?

    It is important for young professional in this field to learn as much as they can and develop their skills as a lawyer. We all lawyers are fortunate that ‘skill’ is paramount and most valuable factor to be successful and survive in the legal industry. This is a knowledge-based industry and if you have the knowledge, you will keep getting the work and keep growing in the legal industry, irrespective of your personal/professional background.

    Get in touch with Ambuj Sonal-

  • A lawyer must always remain humble and a student for life- Shivangi Prasad, Author & Co-Founder, Equilibrio Advisory LLP

    A lawyer must always remain humble and a student for life- Shivangi Prasad, Author & Co-Founder, Equilibrio Advisory LLP

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

    Did you always choose to be an advocate or there were other plans as well?

    I actually wanted to convert my love for painting and creativity into a career and I wanted to be a fashion designer. However, law also always seemed very exciting and I ultimately decided to choose this path. Today I can safely say that I made a good decision. There is immense pleasure in serving the society in a way I am able to do now. Everyday there is a sense of calm and peace and that belief that I made a difference.

    How challenging has it been maintaining a work-life balance and how young legal professionals can learn to strike that balance in their professional lives?

    Today’s working environment has a lot of pressures attached to it with several deadlines and deliverables and deliverables are required as of ‘yesterday’. Running a firm has required me to be on my toes for different reasons everyday. It has been overwhelming on many days too! One thing that really works for me is to try and visualise my week as much as possible and plan it in advance. When I started I felt like planning itself takes 2-3 hours of my time and I couldn’t plan days to the T as there would always be surprises but taking some time to plan my days has really helped me in the long run. It just provides a method to the madness. Further, I have a team of 20 currently. Planning helps me plan their work as well which in turn means they are prepared. In fact, I have often recommended planning in advance to my associates as well and I can see that when they do that too, there is less anxiety, quick delivery and better work life balance. Some days, as I mentioned, can be exceptional depending on sudden work demands. In such situations, its important to prioritise the most important deliverables and be aware that certain other deliverables may suffer and be prepared to let somethings go.

    With having such a great experience on POSH and training in the same, according to you what creates an obstacle for a great work environment in any organisation?

    After having conducted 250+ trainings and 200+ inquiries on this subject, I can safely say that it’s a culmination of a lot of things. There can be several factors that create obstacles for a great work environment in any organization and it can also include aspects such as micromanagement, unhealthy competition, lack of recognition and appreciation etc. However, in the context of the work I do, I think some of the below play a key role:

    1. Lack of respect: Sometimes, based on the complaints I get, it appears as though there is complete disregard for respect for the other person. There is nothing wrong in asking a person out. However, in spite of repetitively and clearly stating that one may not be interested, there still appears to be lack of respect for that decision and constant follow ups. This leads to mental breakdowns sometimes and complaints.
    2. Miscommunications – intent vs. impact: Sometimes, what a person says is very different from what a person understands. While one may say something to help the other, the other feels as though their private space is being invaded in, for example. This also acts as an obstacle for a great workplace. Further, when there is a lack of open and honest communication between management and employees or among team members, it can create confusion, misunderstandings, and a lack of trust.
    3. Inadequate leadership and vision: if leaders do not walk the talk and themselves engage in inappropriate behaviour, there is very little for others to learn. Abusive language is often considered as cool in modern workplaces and the impact is that right from leaders to new joinee – everyone ends up speaking the same language. New joinees often feel ‘that’s the way it is’ and they must become a part of the culture to really be a part of the culture. Often leaders also misuse their position and engage in harassing behaviour knowing that very few people to no one may have the courage to report – thereby percolating the behaviour throughout the fabric of the organization.
    4. Unfair or unequal treatment: Discrimination, bias, or favoritism also ads to toxic work environment that erodes trust and morale. While there are more and more regulations coming in, it is important to inculcate the practice of equal treatment to all.

    You can read more in my book – Handbook on the Law of Sexual Harassment

    What was that one case in your life wrt POSH and Child Safety at work that completely shocked you? If you could share some brief facts about it?

    Given that instances such as these have to be dealt with confidentially, I am not at liberty to discuss facts of any of the complaints I have handled. However, I can certainly say that most of the complaints feel shocking still even after having handled hundreds of them. This is not an area of work where you ever receive a pleasant concern. Anyone looking to work in this space, must consider the fact that such complaints may (most of the times) feel deeply inappropriate, triggering and may even lead to emotional or mental breakdown in extreme cases. Most of the times complaints that involve sexual assault or rape are the most disturbing. One example that I can think of right now is a case in which a child was raped by the father and the mother was aware of it. She did not say anything as she did not want the name of the family to get ruined.

    Congratulations Shivangi on your publications on several topics! But as digital media creates mis-information as well sometimes, how beneficial are the newly built websites and journals for updating yourself wrt regulatory changes?

    I think this is a very important and a relevant question today. I think we have a mix of ways in which information is being put out– some are very professional and sensitive (and that may give you the right information). Some on the other hand may use CHAT GPT for example to create content which you absolutely cannot depend on! also, this culture has someone got stuck to students in a way that often interns quote website links (which could be news paper articles) as legal reference to a legal opinion. They also write down opinions on laws based on quotes mentioned in articles without reading the actual clauses. That gets me worried sometimes as most of the information is misinterpreted. Its important for law professors as well as professionals to guide students and teach legal research. My website www.poshatwork.com also provides regular updates on the law, however, we always always always analyse the original copy of the judgment or the law to put out any summary as well. Anyone who decides to publish must take responsibility because the moment you put out an information, there are people who may depend on it.

    What are the problems according to you that are still encountered by the LGBTQ youth in India?

    Its almost impossible to list down the challenges here given there are so many. The few top ones based on my research, observation and discussions with those impacted appear to be:

    1. Lack of awareness (while a lot has changed, people still tend to use insulting language, they grapple with stereotypical understanding of the community, people misgender, deadname others due to lack of understanding around gender affirmation, people also assume a lot about bisexuality for example which may be completely incorrect)
    2. Discrimination (with lack of awareness comes discrimination. As a result most people from the community are still closeted)
    3. Lack of inclusion (with being closeted comes an apparent lack of inclusion. Even if one is getting an opportunity or doing well for themselves, the society will never know, they will never learn. As a result while things are changing slowly however most people from the community don’t get equal opportunity– be it in education or employment or any other aspect of life. Its like a vicious circle).
    4. Absence of equitable measures (there have been generations of wrong committed. Our society needs equitable measures to correct those wrongs. While some states have launched some measures which have been effective, a lot more needs to be done)
    5. Lack of facilities (infrastructure and facility needs to develop for inclusion. We do not have unisex public bathroom. Public buses are a challenge for trans folx. These need to go through a change and everyone needs to play their part).

    The law does mandate duties for all of us. You can read more about them in my book – Handbook on the Law for Protection of Rights of Transgender Persons’.

    As a legal professional with such great achievements, what motivates you to push harder than yesterday? And what is the role of mentoring specifically in the legal industry?

    As mentioned earlier, making a change everyday pushes me harder. It’s a fantastic feeling to have helped resolved a concern. As a firm, we have conducted 1500+ inquiries, 2500+ trainings and created awareness amongst 3L+ individuals directly excluding all our social media efforts. I believe that’s a good step towards building respectful workplaces but a lot more needs to be done.

    Also as mentioned earlier, today its extremely important for law professors and professionals to nudge students in the right research direction. I may sound outdated, but based on my experience with most students so far, in the world of AI and everything else, somewhere the quality of legal opinions is losing the battle!

    Finally, a word of advice for the upcoming legal professionals?

    Society and law are intertwined. If you have chosen this field, don’t shy away from reading about new developments. A lawyer must always remain humble and a student for life.

    Get in touch with Shivangi Prasad-

  • I believe Corporate Commercial, Real Estate, Criminal and Estate law practices would continue to be rewarding in the future- Gaurav Singh Bhatti, Partner – Dhillon & Bhatti Lawyers Professional Corporation

    I believe Corporate Commercial, Real Estate, Criminal and Estate law practices would continue to be rewarding in the future- Gaurav Singh Bhatti, Partner – Dhillon & Bhatti Lawyers Professional Corporation

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

    Hi Gaurav! Before getting into the big details, can you tell us why you chose law as a career? Has it been a lingering childhood ambition?

    Since childhood I had a natural inclination towards law as both my parents are in the legal profession. I have always been motivated seeing their commitment towards law and administration of justice. Practice of law is such that in one matter a lawyer would be assisting clients in complex civil or transactional matters and in another matter a lawyer would be instrumental in protecting the lives and liberties of individuals. I am of the belief that as lawyers we can make a positive impact in our society at large and this motivated me to pursue a career in law.   

    Can you throw light on your practice pertaining to Commercial and Residential Real Estate transactions and Corporate-Commercial Practice?

    Our Real Estate practice revolves around acting on behalf of clients in acquisitions of land, developmental projects, commercial properties, multi-unit and single-family dwelling units. We also represent clients in institutional and private financing transactions.

    As a part of our Corporate-Commercial practice, we assist our corporate clients in the acquisition and disposition of shares/ assets, franchise agreements and business purchases. We also advise health care providers on matters ranging from acquisition of existing medial practices, incorporations, partnership agreements and regulatory and licensing matters.

    As we grow, we are also expanding our practice areas to include Immigration Law specific matters as well.

    Many budding law graduates intend to pursue LLM abroad. Can you describe your journey from Army Institute of Law (Affiliated to Punjabi University) to Osgoode Hall Law School, Toronto. What motivated you to pursue your LLM in Canada?

    During my time at law school, more and more law graduates began to pursue higher education abroad. With most of my internships and past experiences centered around litigation and adversarial system of law in India, the premise of gaining experience on how law is practiced in foreign jurisdictions seemed exciting to me. When I did my research, I was intrigued to learn how pursuing Masters at reputed universities would enable candidates to learn how law is practiced and applied in foreign jurisdictions.

    With that in mind, I applied to two Canadian Universities. I received an offer from Osgoode Hall Law School (York University, Toronto), which is the second oldest law school in Canada and because of the stimulating academic environment and diverse course offerings of the graduate program, Osgoode had always been my first preference.

    How did your education and internship experiences in India play a role in shaping your career as a lawyer now in Canada?

    During law school, I interned at the Punjab & Haryana High Court and District Courts to learn how litigation practices are managed. I also interned at a tier-1 law firm in Delhi in their General Corporate practice to get an insight on how legal support services are provided to corporate clients. I believe experience in both litigation and corporate setup is essential to ascertain one’s true calling in law.

    These days most of the premier law institutions abroad prefer candidates with prior work experience for admissions to graduate program. When I applied, it was not the norm but candidates with prior experience were preferred. My family and faculty at Army Institute of Law encouraged me to take a leap of faith and apply. In my statement of purpose to the foreign universities, I explained how my internship experiences enhanced my understanding and application of law in theory and in practice.

    Can you give our readers a glimpse of your experiences as an Articling Law Student at Mississauga?

    In Ontario, the Law Society mandates that prior to being admitted as a Barrister & Solicitor, licensing candidates need to work under the supervision of a lawyer for around 10 months (articling) or complete a law practice program. I articled at a boutique law firm in Mississauga focusing on Real Estate, Corporate and Immigration Law. During my time at the firm, I gained hands-on experience on how to manage files and develop a resolution-oriented approach.

    What do you think are best areas of practice for Indian law graduates seeking to establish themselves as lawyers and solicitors abroad?

    In most western countries, lawyers usually practice as specialists of one or two areas of law. General law practices are prevalent but not very common. I am of firm belief that one must choose an area of practice based on what they are passionate about. I believe Corporate Commercial, Real Estate, Criminal and Estate law practices would continue to be rewarding in the future.

    Can you describe how your normal work day would be like at Dhillon & Bhatti Lawyers Professional Corporation?

    Our firm is open on weekdays from 9 AM to 5:30 PM. We are a team of two lawyers with support staff. We usually start our day by attending to tasks that require immediate attention. Client meetings, appearances and important deadlines are marked in our digital calendar. I make it a point to go through my schedule for the next day one day in advance so that I am able to manage work seamlessly the next day. Depending on workload, sometimes we need to work on weekends and afterhours on weekdays. Most of our work has crucial deadlines and time is of the essence in corporate and real estate transactions. We usually host team lunches on Friday evenings to end the work week on a lighter note.

    What are the qualities and talents you would look out for in an intern or fresher you would recruit for Dhillon & Bhatti Lawyers Professional Corporation?

    I believe strong analytical skills and resolution-oriented approach is essential. Our clients are either billed hourly or a flat fee retainer is settled. In either case, time management skills are of value as lawyers usually work on multiple matters in a day.

    Can you share your advice and words of wisdom to young budding lawyers aiming to set up their legal careers across borders?

    Persistence is key and there’s no substitute to hard work. In our line of work, for continuing professional development, devoting time every week towards reading and keeping abreast with new developments in law is absolutely necessary. When it comes to practice of law, a healthy balance must be maintained when it comes to being empathetic and motivated towards the clients cause and a lawyers duty towards the courts in administration of justice.

    Get in touch with Gaurav Singh Bhatti-

  • Struggle is a constant phenomenon and there is no escaping it- Shreya Sircar, Partner at Luthra and Luthra Law Offices

    Struggle is a constant phenomenon and there is no escaping it- Shreya Sircar, Partner at Luthra and Luthra Law Offices

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

    To give this conversation a start, can you tell us about your background and how you became a multi-disciplinary dispute resolution practitioner and an experienced litigator?

    After my bachelor’s degree from Lady Shri Ram College, I pursued Law from Faculty of Law University of Delhi and master’s from New York University School of Law. I started my career with the Chamber of Ms. Geeta Luthra, Senior Advocate, and had the good fortune of working with the office of Mr. Lalit Bhasin, Amarchand Mangaldas Suresh A. Shroff & Co., SAM Co., and Bharucha & Partners. Presently, I am a dispute resolution practitioner and Partner at Luthra & Luthra Law Offices.

    About a decade & more ago, dispute resolution practice was more of a generalist stream where clients approached civil lawyers for any commercial dispute that needed resolution. As a corollary, being multi-disciplinary was the norm and less of a calculated choice. Specialized practice areas/verticals and boutique firms are a relatively recent phenomenon.

    As for your question of being an ‘experienced litigator’, a lawyer practicing dispute resolution, ought to be a litigator who can ably put forth the client’s case before Court and safeguard client’s best interests.

    What are some of the industries you have worked with, and how have you helped them navigate through regulatory and compliance matters?

    My industry experience includes infrastructure, construction, manufacturing, oil & natural gas, the rolling stock industry, engineering equipment, and hydropower projects, amongst others. I, along with my team assist clients to steer a mandate from start to finish. This involves advising and representing clients on all ancillary aspects including advisory, regulatory approvals, and on-going compliance matters. We adopt an integrated approach, working with multiple practice experts to identify the optimal strategy and structure for a client.

    You specialize in shareholder disputes and contractual claims. Could you please tell us more about the challenges of working on these types of cases, and how you overcome them?

    One of the challenges in handling shareholders or contractual disputes is to mitigate the risk of negative impact on performance, operation, and the business of the company. Occasionally, these disputes can also cause reputational loss, consequently, impacting its profitability and growth.

    I routinely advise clients to ensure that agreements are well drafted to narrow the scope for future disputes. Expressly written, unambiguous contractual clauses are essential to ensure that shareholder and contractual disputes are timely managed and effectively resolved, with minimal adverse effect on the business. The aim is to device strategies to prevent potential disputes while balancing shareholder interests.

    Another aspect to consider especially in shareholder disputes is to set out the mechanism for treatment of individual shares in case of a deadlock. This enables shareholders to offer to buy shares of another shareholder at a determined rate or sell shares to the other shareholders, thereby ensuring that conflicting shareholders exit the company without causing undue harm either to the shareholders’ or the company’s interest. 

    You have represented clients in various courts and tribunals, including quasi-judicial authorities and commissions. Can you share with us a particularly challenging case you worked on, and how you managed to achieve a favorable outcome?

    One of my most challenging cases has been the one that was easiest on facts and merits. While there were excellent supporting documents and what seemed like a straightforward case in our favour, took years and several rounds of litigation to conclude. This was primarily because we were opposing a party in person. Such cases become challenging as they are largely driven by emotions and less by logic, facts, and law. Be that as it may, ultimately court orders and outcomes of cases are premised on evidence and correct application of the extant law and that held us in good stead.

    What are some of the emerging trends in dispute resolution and arbitration that you think will shape the industry in the coming years?

    Use of technology and increased digitisation have permeated most aspects of life and dispute resolution is no exception to it. There are some developing trends even in dispute resolution, with one such trend being, electronic discovery of documents and records. With many businesses being conducted digitally, the process of collecting and reviewing digital data in litigation and arbitration has increased manifold. Our courts are also increasingly relying on technology such as video conferencing, e-filing systems, live streaming of cases etc., to improve efficiency and ensure greater accessibility to the legal system.

    More particularly, in consumer transactions and services, we have witnessed an increase in class actions. Groups of people with similar claims are increasingly joining hands to consolidate their bargaining power to initiate legal action against bigwigs.

    I have also noticed a shift in the volume of work that was previously outsourced to law firms, as opposed to how much is now being accomplished in-house. While there may have been a reduction in the quantum of work being outsourced, dispute resolution practitioners are now also being approached for their expertise in evolving strategies for pre-litigation risk mitigation & related advisory.

    Can you tell us about an experience that had an impact on your career as a lawyer?

    Every case has taught me something new, but this question particularly reminds of an incident in my initial days as a litigator. I was assisting my senior on a matter and during the hearing, I found myself miserably underprepared. After the hearing, I received a well-deserved dressing down from my senior. That episode was my first and last, at being unprepared for a matter. I have since then, been extra cautious at being prepared for a day in Court. I learnt that as a litigator, preparation is the key. While one may develop court craft and gain confidence over the years, one needs to know one’s files thoroughly, from day one.

    Could you please tell us about your future plans, and how do you see your practice evolving in the future?

    The plan is to keep working now, and in the future; try to tap into opportunities of good civil commercial work and strive to get better at it. That is career progression as I see it.

    Lastly, what would you like to say to all the legal professionals out there who are struggling in their initial years?

    Struggle is a constant phenomenon and there is no escaping it. Only the nature and magnitude of struggle change with each career milestone. That said, my two pence worth of advice to young professionals is to keep working hard with utmost integrity, and in these times of instant gratification, give oneself time to progress, because progress takes time. There is no instant switch to success, which term itself, is relative.

    Get in touch with Shreya Sircar-

  • Increasing awareness about IP rights is crucial because it helps individuals and businesses understand the value of their Intellectual Property and how to protect it- Omesh Puri, Partner, LEXORBIS

    Increasing awareness about IP rights is crucial because it helps individuals and businesses understand the value of their Intellectual Property and how to protect it- Omesh Puri, Partner, LEXORBIS

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

    Sir, to start this interview, please tell our audience about how did you come into the legal profession?

    In my final year of graduation in Commerce, I developed a keen interest in the legal field. My fascination with law began as I studied Company law, Tax and Banking Regulations during my graduation. During my time at Law School, I found myself particularly drawn to criminal law, tax and intellectual property law.

    After completing my studies, I began my career as a Criminal lawyer, focussing mainly on bail matters and appearing primarily before Patiala House Court and Delhi High Court. However, after two years in Criminal law, I was presented with an opportunity to work in the field of Intellectual Property Law, which also included Information Technology, Advertising, IP transactions, and Cross-border IP issues. This new direction allowed me to broaden my knowledge and skills in the legal profession, and I found it to be a fulfilling and challenging experience primarily due to my likeness for Intellectual Property.

    Can you tell us about your experience in representing clients before different IP offices and courts in India? What are some of the most challenging changes you’ve witnessed?

    Throughout my career, I have advised and represented clients on a wide range of intellectual property (IP) protection and enforcement issues. Over the past 14 years, I have observed significant changes in the way IP offices and courts operate. Today, clients are more actively involved, and businesses are increasingly aware of the importance of intangible assets. As a result, lawyers are expected to possess a deep understanding of how a particular business operates and what kind of support they require from outside Counsel. It is essential to stay up-to-date with the latest Case laws, especially in the field of Intellectual Property (IP), where disputes are rapidly evolving, and the interpretation of Law is becoming complex.

    To resolve disputes, new avenues are being explored, and the increased use of technology has been particularly helpful in improving the IP Ecosystem. As a result, IP owners now have greater trust in India’s IP protection and enforcement mechanisms.

    Lawyers are generally less receptive to technology, and I too struggled in accepting new technology during the early years of my practice. However, given the rapidly changing technological landscape, it has become increasingly important for lawyers to be well-versed in the latest technologies to provide the best possible services to clients. As a result, lawyers are now expected to be more technologically sound than before. At LexOrbis, we promote the use of technology among our lawyers/patent agents and paralegals to streamline their workload.

    You’ve worked with clients across a variety of industries, including pharmaceuticals, food and beverages, fashion, and automobiles. Are there any industry-specific challenges you face when it comes to protecting and enforcing IP rights?

    Each industry presents unique challenges when it comes to protecting and enforcing Intellectual Property (IP) rights. In the past, we had more clients from traditional businesses, but in recent years, we have seen an increase in clients from the more sophisticated technical and innovative sectors. Every day, new businesses emerge that require guidance from IP lawyers, and this is one of the most exciting aspects of the job – learning about innovative and unique products and services.

    Collaborating with various industries can expand your knowledge and perspective. For example my experience working with clients in the pharmaceutical industry has highlighted the importance of innovation and public health issues in regulated industries. Similarly, my work with clients in the food and beverage industry has taught me about the significance of branding and consumer trends. Through my involvement in the fashion industry, I have come to recognize the industry’s rapid pace and the constant demand for innovation. Similarly, my time working in the automobile industry has emphasized the significance of sustainability and technology.

    Overall, my work with clients across diverse industries has equipped me with a well-rounded perspective and adaptable problem-solving skills that can be applied to a wide range of business challenges. I believe that as lawyers, our first approach should be to understand our clients’ businesses and the disputes at hand, and then draw upon our experience to resolve them. It is essential to have a deep understanding of each industry’s specific needs to provide effective legal solutions that are in sync with the business requirements.

    In addition to your legal work, you’re also involved in IP rights awareness campaigns with government organizations. Why is it important to increase awareness about IP rights, and what are some of the most common misconceptions you’ve encountered?

    Increasing awareness about IP rights is crucial because it helps individuals and businesses understand the value of their Intellectual Property and how to protect it and in case of violation, what all actions can be taken. Many people have misconceptions about IP law, such as believing that everything can be freely used and shared on the internet or that copying someone else’s work is acceptable as long as it’s not for commercial purposes. These misconceptions are so rampant and therefore it’s crucial to educate the public about IP law.

    You’ve authored several articles on IP law and regularly speak on IP issues at various forums. Can you tell us about a recent development or trend in IP law that you find particularly interesting or impactful?

    Intellectual Property matters are constantly evolving, as businesses continue to develop and encounter fresh issues that require attention. An intriguing trend that has emerged recently is the increased demand for Intellectual Property protection in emerging markets such as the Metaverse, NFT, and Artificial Intelligence markets. The companies are confronting challenges in safeguarding and enforcing their intellectual property rights in these new sectors, and I believe that legal professionals specializing in Intellectual Property must broaden their focus in order to effectively protect their clients’ interests.

    Coming towards the end of this conversation, please give tell our audience about the most valuable lesson of your life.

    The most significant lesson that I’ve learned is to remain curious and to never stop learning like a child in the school. As a legal professional, it’s crucial to stay abreast with the latest developments in Law and Business since they are ever changing. I believe that ongoing expansion of my knowledge and skill set enables me to provide superior legal guidance to my clients and keeps me excited and involved in my job. It’s critical to keep up with recent Court decisions and intellectual Property Office practices. Additionally, I prioritize my interests outside of work as well, such as playing Cricket and riding motorcycle over the weekends.

    Get in touch with Omesh Puri-

  • Be true to what you do, even if you know that what you are doing is temporary- Padma Sinha, Group Head-Technology Law at Fox Mandal

    Be true to what you do, even if you know that what you are doing is temporary- Padma Sinha, Group Head-Technology Law at Fox Mandal

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

    Ma’am, in order to start this conversation, please let us know what motivated you to be in the legal profession? 

    Law is a dynamic story for me. I do not come from a family of lawyers but have always revered the profession as a justice-serving device. Fundamental values such as moral conviction and public good (even if that is an unpopular choice) always triggered me. Legal egalitarianism leading to social equality and defending civil rights always triggered me.

    Let’s say Atticus Finch motivated me to be in the legal profession.

    Kindly share your experience of studying LLM at the Queen Mary-university?

    I did my LLB in India in a very different teaching environment. When I started my LL.M, at Queen Mary, it came as a surprise- I mean, a pleasant surprise. The teaching methodology was absolutely distinct in ways I didn’t know existed- always highly interactive. A whole hour in each class would be spent discussing the topic of the day, exchange ideas peer-to-peer; so more often than not, after classes we all will be hanging out somewhere discussing and debating on the day’s topics.

    QMUL also gave me plethora of opportunities to write & edit magazines, participate in legal clinics, visit the UN in Geneva, attend insightful seminars, participate in election & Brexit campaigns and a huge lot of other things which I will treasure forever.

    I value my degree certificate a lot; But what I value more is the one year that opened my mind incredibly.    

    IT law professionals are rare in sight, so what motivated you to take up this very specific field of law? 

    Advancement in technology is inevitable. The pace at which technology is developing is unparalleled. I feel there is a need to ensure that the pace of advancement matches the legal safeguards. This is a non-traditional area of law which I see is burgeoning as new technologies emerge. I wanted to be a part of this- By understanding the new techs and thereafter being part of history creating the legal armour to protect ourselves from not only current issues on digital space but also much complex technology issues, yet to come, that may have profound impact on almost every aspect of our lives.

    How do you analyse the freedom of speech over the internet and the restrictions placed upon the same?

    Freedom of speech and expression is a guaranteed constitutional right and the fundamental premise of democracy. As it has been said, a democratic society stands fundamentally upon unfettered debate, discussion, and open dialogue, as it acts as the sole “corrective of government action” – that’s the genesis of any discussion on it.

    The digital era suddenly opened floodgates of information easily accessible to a large section of the society. The outreach of voices now transcended physical boundaries. It however brought with it new risks and challenges to democracy. Many authoritarian populism across the world used internet to propagate disinformation and hate speech. Problem is that people now do not only have different opinion, they have different facts. Like various sets of information to choose form and as per their convenience deem such information as ‘fact’ on the basis of which they form opinion. Therefore, deciding whether a particular speech is worthy of protection, or not, is a slippery slope.

    The ‘harm principle’ and the ‘offense principle’ are often designated as the guardians of social harmony. Our Constitution also provides for reasonable restrictions. But the irony however is with the judgement of what may form ‘reasonable’ – that has a changing face and sometimes an infectious ‘over-sensitivity’ syndrome, leading to dissident voices punished and the freedom curbed.

    The current IT Rules amendment on fact-check can be an example. With the power as this amendment provides to the government, the checks & balances provided by the media & civil society would be affected adversely. The answer therefore does not lie in government taking more control to censor unpalatable criticism. That’s dangerous for a democratic, civil society.

    Ma’am, please let us know what keeps you motivated to deliver the best in your field?

    Motivation comes in various ways. Amongst other things, I think working in a law firm gives you a diverse scope. Adding to it, technology law is a very dynamic area where there is always a new advancement that needs a legal explaining to the client. Honestly speaking there are always some areas where you need research, interpretation and brain-storming. This constant need to get answers and communicate so to the satisfaction of your clients- keeps me motivated. I feel very motivated each time I explain something to a client and they sound very convinced.

    What qualities do you think an IT law professional must possess?

    • Updated on trends in technology is a must
    • Understanding the client’s needs (including client’s products/ services)
    • Thereafter, legal risk assessment and managing them
    • Not just for IT law professionals, but generally drafting and communication skills are important.

    We would like to know more about the current role in the TMT legal team of Fox Mandal.

    I work as Group Head in the Technology team. My Role includes providing a wide range of advisory to clients in the technology space on data privacy, data breach and security, drafting, advising and negotiating various technology contracts.

    In order to wrap this conversation up, kindly provide us with the piece of advice you would like to give to all the budding legal professionals.

    • Be true to what you do, even if you know that what you are doing is temporary. Do not be impatient. I feel law is an area of learning for the rest of our lives. So be patient.  
    • Also, learning is a very important thing to do, as a legal professional, not just technology lawyer. It’s important to constantly un-learn and re-learn. Every person you interact with, in the profession, senior-junior-peer is our learning tool.

    Get in touch with Padma Sinha-

  • Participation in competitions and conferences enhances the networking among likeminded professionals- Krusch Pathippallil Antony, Partner, Arbitration at King Stubb & Kasiva, Advocates & Attorneys

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

    What led you to pursue a career in law and alternative dispute resolution (ADR)?

    To be a part of justice delivery mechanism, and to uphold the constitution of India, I took law as a professional career. Peace-making efforts, and to build a global career, ADR is the best choice. Practising negotiation, mediation and arbitration, with the emergence of ODR is the path for professional advancement to me.

    Could you tell us about your educational background and how it has contributed to your career in law and ADR?

    I am a Law Graduate from Govt. Law College, Ernakulum, under the M.G. University, Kottayam, Kerala. Masters in Business Laws from NLSIU, Bangalore; and MA in Economics from GIPE, Pune. The mix of Economics and Commerce, as the base education, with further certifications in Arbitration / Mediation and Negotiations helped me to concentrate on commercial disputes and resolutions.

    You have been practicing law and ADR for over two decades. How has your experience evolved over the years?

    Over the years I gained more exposure in negotiations, conciliations, mediations and Arbitrations. The more exposures in Banking and Finance as a Corporate In-house counsel helped me to become a professional in Corporate Laws, Debt Counselling cum Mediations and Arbitrations.

    Could you explain your role as an Associate Arbitrator at the Chartered Institute of Arbitration (ACIArb), U.K? How has this position influenced your work in ADR?

    The association with CIArb helped to get sufficient exposure in International Arbitration, and more particularly as to writing of Arbitration Award. This helped me get enough confidence in handling Arbitrations, as a sole arbitrator, and ultimately to get branded as a dispute resolution practitioner.

    You are an accredited arbitrator and mediator at the Indian Institute of Arbitration and Mediation (IIAM). How has this accreditation impacted your career in ADR?

    The accreditation further helped me to get branded as a DISPUTE RESOLUTION EXPERT in the Indian ADR Market; and got associations with National Law Schools and Law Colleges, in various capacities like Guest Faculty, Judges for International Mediation , Negotiation and Arbitration competitions, conferences and symposiums e.t.c.,

    You have also been involved in several international law school competitions as a panel judge for arbitration and mediation. What motivated you to participate in these competitions, and what have been your experiences?

    Participation in competitions and conferences enhances the networking among likeminded professionals. Moreover, we understand the progress of the law and ADR through the young minds in law schools, and emerging practices in ODR & AI.

    As a partner at King Stubb & Kasiva, Advocates & Solicitors, you practice arbitration and litigation across three cities in India. What inspired you to establish this partnership, and how has it contributed to your work as a legal expert?

    Association with King Stubb & Kasiva, Advocates & Solicitors, opened the doors for practice of International and National Arbitration litigations of prominent corporates. Exposure through such association is unique and inspiring, and enhanced my legal expertise.

    You are a member of several ADR societies, including the Asian Institute of Alternative Dispute Resolutions (AIADR), Kuala Lumpur, and the Nani Palkhivala Arbitration Centre in Chennai. How have these societies contributed to your work in ADR?

    Association and membership with credible ADR institutions in India and abroad is crucial in developing ADR as a professional career, and I gained immense knowledge, information and networking through the same.

    You have completed several training courses in arbitration law and practice, including the Advanced Course on Arbitration & Mediation Procedure under WIPO Rules – WIPO Academy. How have these courses helped you grow as a legal expert in ADR?

    IPR and ADR is an emerging field with international scope in practice. WIPO Academy standards of ADR in the domain field of IPR is unique, and the ultimate course of global reputations; and further the course gives opportunity for international networking of IPR professionals and ADR Experts.

    Get in touch with-