Category: Founder

  • “Having the right to file pleadings before the Hon’ble Supreme Court of India, an AOR is an integral connecting tissue between the aggrieved party, the arguing counsel and the highest court of the land”- Vikash Kumar Jha, Partner at Cyril Amarchand Mangaldas and  Advocate-on-Record at the Supreme Court of India

    “Having the right to file pleadings before the Hon’ble Supreme Court of India, an AOR is an integral connecting tissue between the aggrieved party, the arguing counsel and the highest court of the land”- Vikash Kumar Jha, Partner at Cyril Amarchand Mangaldas and Advocate-on-Record at the Supreme Court of India

    This Interview has been published by Pragya Chandni and The SuperLawyer Team

    Can you share with us what inspired you to pursue a career in law, particularly in the field of dispute resolution and arbitration?

    Funnily enough, I would have to say that my entry into the law school and eventually into the legal profession was not all planned and happened by accident. I was initially a Zoology (Hons.) student at North Campus, Delhi University, where through the internet, peers, and friends, I found out about the various national law schools in India. I was instantly intrigued; decided to leave zoology behind; and apply to law schools. It was at NLIU Bhopal, that I realised the emancipatory potential of law; my inclination and ability towards analytical thinking and its capability of a positive impact on society and human civilization at large. Further, during the 5 years I spent at Bhopal as well as the various internships I completed during that period, I realised and accordingly decided that dispute resolution would be the practice area for me. 

    I started my journey as a lawyer in 2011, upon graduating from NLIU, Bhopal and joining the disputes practice of Amarchand & Mangaldas & Suresh A. Shroff & Co. (AMSS), at its Mumbai Office. I thereafter shifted my base to Delhi in 2016, and presently, I am a Partner at Cyril Amarchand Mangaldas, at its Delhi, NCR Office.

    Now, 13 years later, I am a qualified Advocate-on-Record and endeavouring to build and develop a practice in advising and representing both Indian and foreign clients in a diverse spectrum of areas under the disputes and arbitration umbrella.

    You have a specialization in various areas such as complex, civil and commercial disputes; contractual disputes; securities laws; white-collar crimes; and environmental matters. What drew you or motivated you to pursue such diverse practice areas within dispute resolution?

    The preference for a super specialised practice versus a more general one, of course, differs from practitioner to practitioner. However, for me, personally, having a more holistic and well-rounded practice and knowledge in the age of specialisation, is definitely an important arrow in my quiver. I would credit my early curiosity to learn and explore more than one area of a law, as well as the various opportunities which my firm has provided me – as equipping me to effectively advise and represent clients in a diverse variety of matters.

    As a gold-medalist graduate from NLIU, Bhopal, what pivotal moments during your education shaped your interest in dispute resolution and arbitration? 

    Numerous peers, professors and mentors and my experiences have shaped the interest I have and which I continue to learn on a daily basis in dispute resolution and arbitration. I would have to give due credit to my colleagues at my firm, college seniors, who were already placed in various law firms and who regularly advised me on various aspects of practice; my professors, who were instrumental in developing my keen interest in disputes; the various internships and clinical courses I completed which helped create a sound foundation of procedural and substantive law and of course, the people around, who constantly reinforced my desire and determination to use my legal knowledge to help people, create a more aware surrounding, and whatever I can contribute towards building a just world, the best I can. 

    Could you discuss some of the key matters you’ve worked on, such as advising and representing premier associations, international publications, and major infrastructure projects? How have these experiences influenced your approach to dispute resolution?

    During my time at Cyril Amarchand Mangaldas, I have been fortunate enough to work on a variety of high profile and very interesting matters. Whilst it may not be advisable to get into specifics, I have advised big conglomerates, reputed developers and builders, cricket bodies, tech companies etc. I have recently advised and represented a premier association of private sugar mills, on inter alia challenging the implementation of a state policy by way of writ proceedings instituted before the High Court of Allahabad. I have also advised and represented a highly reputed international magazine and multi-platform publication, in a civil defamation suit in Delhi; a major tea estate before the Madras High Court as well as the Supreme Court of India; a leading steel plant in various critical matters before the National Green Tribunal, Principal Bench; as well as the court appointed Administrator of a club/association before the Supreme Court, High Court, NCLAT and NCLT – amongst many other varied cases.

    These matters, like all my others, greatly influence my approach to dispute resolution. They reinforce what I believe is a prerequisite to any matter being effectively handled – first, very frankly evaluating the needs and requirements of my client in a solution-oriented approach, and then dynamically exploring the strengths and weaknesses of their case, i.e., whether they would benefit from alternate dispute resolution methods, if at all, etc. I have found that this enables me to best, realistically advise my clients and have their expectations managed from the get-go. In my view, it is very important to have a long-term vision and to have a solution based and practical approach.

    As an Advocate-on-Record, Supreme Court of India, what unique challenges and opportunities do you encounter while representing clients in the highest court of the country?

    I believe an AOR has to be cognisant of the immense responsibility that accompanies its title. Having the right to file pleadings before the Hon’ble Supreme Court of India, an AOR is an integral connecting tissue between the aggrieved party, the arguing counsel and the highest court of the land. Almost on a fortnightly basis, one hears of directives and observations passed by the SC that an AOR cannot merely be a signing authority and file meritless or frivolous petitions. Thus, being an AOR is a balancing act between the needs of the client and the responsibility towards the court, which must be exercised responsibly. It is in fact a privilege. 

    In your opinion, what are some of the critical skills and qualities necessary for a successful career in dispute resolution and arbitration, especially when handling complex cases involving multiple jurisdictions and legal nuances?

    Good question. In my opinion, the first critical quality that is necessary for a successful career as a dispute resolution practitioner is hard-work, hard-work, and hard-work! It is also imperative that no matter how many years of practice have gone by, as a lawyer, one must stay abreast of developments in the legal arena and open to new and challenging ideas. This will greatly facilitate one’s capability to strategize and effectively advise the client. It is also important that one is aware of the changing needs and aspirations of the people of India, the corporate world and the nation as a whole – it will only help in molding one into a lawyer for today and for tomorrow. It is of course also important to have basic ideas about other jurisdictions and build good and reliable contacts with lawyers and experts in varied jurisdictions. The ability to learn fast and on the go is also very critical.  

    Always remember that dedicated hard-work, perseverance, and good relationships will never steer you astray! 

    Lastly, what advice would you offer to recent law graduates aspiring to excel in the field of dispute resolution and arbitration, based on your years of experience and expertise?

    Borrowing, from what I have said above, broadly I would like to synthesise my advice to law students/recent graduates as follows:

    • Sustained hard work and regular reading are your most powerful allies, whether you are a fresh entrant into the practice or a seasoned veteran. It is important to carve out the time to stay updated, accordingly.
    • Stay in touch with your alumni; your mentors; and your peers and seniors at your internships – those who are already practising and take ‘on ground’ practical advice from them. 
    • Further, do not dismiss procedural aspects or courses to the peripheries of your studies. Knowing the ins and outs of CPC is just as important as Constitutional Law or Contracts Law, if not more. Having sound procedural knowledge is vital and will provide for an excellent base/first principles knowledge, when practicing. 

    Get in touch with Vikash Kumar Jha-

  • “Don’t ever lose hope, be patient, and focus on your work, as there are no shortcuts in this profession.” – Himanshu Tyagi, Advocate-on-Record at the Supreme court of India

    “Don’t ever lose hope, be patient, and focus on your work, as there are no shortcuts in this profession.” – Himanshu Tyagi, Advocate-on-Record at the Supreme court of India

    This interview has been published by Namrata Singh and The SuperLawyer Team

    Your journey from Meerut to becoming an Advocate On Record at the Supreme Court is quite inspiring. Could you share some pivotal moments or challenges you faced during your early years in Delhi, and how you overcame them to establish your practice?

    Once you step out of your comfort zone every first thing seems to have its own challenges. However, on the professional front I can say that I decided to take the plunge to the Capital with dreams and hope to make it big, in spite of not having any significant father figure in the field of law. Initially the first question which was required to be answered was from where to start as there was hardly anyone to suggest or guide what are the choices one could make while entering the profession. I made my choice and started with litigation as I had attained little experience while being associated with the chambers of Mr. Ravi Shanker Tyagi for a very brief period in Meerut Bar which was initially very helpful as Courts in Delhi are much more refined in terms of infrastructurally and in other avenues as well.

    Your journey as a first-generation lawyer is truly commendable. What were the key principles or values that guided you in your career, especially during the initial stages when the path might have been more challenging?

    Yes, being a first generation lawyer is a very difficult choice to make especially when you are in litigation. But all that I can say is don’t ever lose hope, be patient and focus on your work, as there are no shortcuts in this profession, the only way you can accelerate is through your abilities to make hard choices and by burning midnight oil.

    Becoming an Advocate On Record involves rigorous training and experience. How was your time with Retd. Justice S.R. Singh shaped your understanding of the legal field, and what key lessons did you carry into your independent practice?

    I was fortunate enough to join the Chambers of Retd. Justice S.R Singh ( Retd. Judge from Allahabad High Court) Sr. Advocate in the year 2009.  After working with Mr. Singh for almost two years and having gained opulent experience by understanding the nuances and intricacies of legal field along with drafting, filling and everything that the field entails.

    One judicious adage told to me by my very veteran Senior was that “ Vakalat is your first wife” if you want to do justice to your profession and I have ever since imbibed this in my practice till date and I am always grateful to all my seniors and colleagues from the chamber and outside the chamber for always guiding me in the profession. 

    As Ex. Additional Advocate General for the State of H.P., you’ve handled significant cases. Can you share an experience where your role had a meaningful impact on the state’s legal representation, and what insights did you gain from that experience?

    It was a very enriching journey while discharging my duties as AAG for state government before the Hon’ble Supreme Court as such opportunities help you bring the best out of you. As while holding such an esteemed office one has to be very candid with all the briefs while representing the State before the Court.

    Handling cases involving state entities like the Himachal Road Transport Corporation (HRTC) requires a nuanced understanding of administrative and constitutional law. Could you elaborate on the challenges faced and strategies employed in representing HRTC in various legal matters?

    It is always challenging to represent Road Corporation before the Hon’ble Courts as the mostly the matters pertaining to the Corporation is of higher monitory significance be it MACT matters or service matters. What I can say from experience is that you are required to be more updated with the law and recent judgments so that you can provide better assistance to the Hon’ble Court.

    Handling criminal matters requires a different set of skills. Can you share an experience from a criminal case you’ve worked on, discussing the complexities involved and the strategies adopted for a successful outcome?

    Through my experience in handling criminal matters I must say one should have a very fair understanding of criminal jurisprudence as most of the criminal matters involve personal liberty which is of utmost importance.  During my time at bar I have done several criminal trials, appeals but what always challenges me is the stage of cross examination as in my view Cross examination in any criminal matter is the heart and soul of the Trial.

    Apart from your legal pursuits, do you have any personal hobbies or interests that you find to be a great source of relaxation or inspiration?

    I can say visiting places and spending time with family and friends keeps me motivated other than work. 

    Coming from a small town like Meerut and making a mark in the legal profession in Delhi is undoubtedly a significant achievement. Could you share some extra efforts or unique strategies you employed in your journey to overcome any perceived challenges or biases associated with being from a smaller town?

    Once you make your mark , and in this industry that is possible only when you garner some accomplishments in your name. The bias associated with a small town only remains so long as you let it affect your mental make up. If you are determined enough, the tag of coming from a small town and making it big in the capital only adds to your reputation , which at the same time works as an inspiration for people coming from the same background, and are hesitant in pursuing their goals. My only advice to the budding generation of lawyers is to fight your demons and always be hopeful and take each day as it comes. The road to success may seem endearing but it sure is fruitful at the end.

    You emphasize the importance of hard work and dedication in your career. What advice would you give to the current generation of aspiring lawyers to navigate the challenges of the legal profession and build a successful practice?

    I can vouch for the fact that hard work is the key “what you are seeking is seeking you”. I make my juniors understand that to be candid with clients and accurate in analysis and strict in study, you will achieve whatever you aim for as there are no shortcuts in this profession.

    Having experienced both your own student journey and now interacting with the current generation, what notable differences do you observe in the approach and mindset of today’s law students compared to your time? Are there specific areas where you believe current students could focus on improvement to excel in the legal profession?

    The major shift that I witnessed in the mindset of the students in comparison to when I was one, is the availability of resources and better infrastructure that can help them achieve their goals with a lot of help which is easily available, of which there was a dearth during our college  days. Accessibility and availability are the major factors that determine the early years in one’s legal career as initially apart from all the teachings done at college level, the practical learning is also very vital if you wish to stay in this field.  

    Get in touch with Himanshu Tyagi-

  • “Dream big so that you work hard to achieve the life you want, but in the meantime, don’t forget to live.” Encouraging young legal professionals to approach their careers with positivity and resilience – Karan Bindra, 𝗙𝗼𝘂𝗻𝗱𝗲𝗿 𝗮𝗻𝗱 𝗣𝗮𝗿𝘁𝗻𝗲𝗿 𝗮𝘁 𝗞𝗜𝗔𝗔 𝗟𝗟𝗣

    “Dream big so that you work hard to achieve the life you want, but in the meantime, don’t forget to live.” Encouraging young legal professionals to approach their careers with positivity and resilience – Karan Bindra, 𝗙𝗼𝘂𝗻𝗱𝗲𝗿 𝗮𝗻𝗱 𝗣𝗮𝗿𝘁𝗻𝗲𝗿 𝗮𝘁 𝗞𝗜𝗔𝗔 𝗟𝗟𝗣

    This interview has been published by Namrata Singh and The SuperLawyer Team

    Can you share insights into your journey from college to becoming the Founder and Partner at KIAA, LLP? What were the pivotal moments or experiences that shaped your decision to establish your own firm?

    Like every law student, I too have had my share of carefree days in college but as I progressed into senior years, the zeal of doing something started to kick in. In the early year of 2011, after the completion of our law degrees, the members of KIAA LLP (as they are today) found themselves taking divergent paths in the legal profession. Some ventured into roles as in-house counsels for corporations, while others worked with seniors in the field, gaining valuable exposure and experience. However, as we navigated our journeys, it became evident that establishing one’s presence in the legal field required more than just exposure. While working with seasoned professionals sure helped us create a space for our own in the industry, the opportunities that we had created for ourselves in that space needed to be tapped in time.

    Realizing this, I engaged in discussions with like-minded colleagues, Ankur and Chayan, who shared similar perspectives on the importance of creating a niche for ourselves in the legal arena.

    Fortuitously, our discussions culminated in a collective decision to join forces and establish KIAA LLP in early 2012. This marked the inception of our law firm, where we aimed not only to leverage our individual experiences but also to pool our strengths and work collaboratively. The firm was founded on the belief that client satisfaction using correct knowledge, providing the right information, and ensuring accessibility of service to our clients even if located in the remotest part of the country. Hence, that got us a name for our perspective, KIAA LLP- Knowledge Information Access Associates Limited Liability Partnership.

    Given your involvement in pro bono services for organizations like Malala Funds and Trust Law, how do you balance commercial legal work with contributing to social causes?

    So, it’s not about balancing at all. It’s about aligning your principles of  life with your work, and what is a man without principles?

    I was born and raised in a Sikh Family with the teachings of the Gurus. I want to take this opportunity to refer to a verse from Shri Guru Granth Sahib Ji which has immortalized words of Guru Nanak Dev Ji – “One who works for what he eats, and gives some of what he has in charity, O Nanak, he knows the path to fulfilment.” Taking inspiration from which, we have always been inculcated with a habit of doing ‘Sewa’ which can be either through  ਮਨ,  ਧਨ (tan (physical service), man (mental/emotional service),  or  dhan (financial support)).

    My intention of working for social causes has always been that of giving something back to society in terms of my time and efforts. So, I utilise my knowledge and expertise to earn my livelihood through commercial matters, and I consider myself privileged to be able to utilise some of it for a social cause.

    KIAA, LLP has received numerous awards and recognitions. What do you attribute the success of the firm to, and what sets it apart in the legal landscape? 

    I attribute the success of the firm to my team- my co-founders, associates and every other member of our staff who do not hesitate to work around the clock if need be. It is also about the work culture at KIAA LLP that we have all built through the years. I have always said that we measure our success not by trophies, awards or cheques but by ‘Client Satisfaction’. I think, our ‘Client First’ attitude is our USP!

    You’re a member of various legal associations and clubs. How has being part of these networks enriched your professional life and influenced your perspectives on law?

    To be very honest, networking is very important in our profession and being part of the legal associations and clubs is a great way to socialise and build a meaningful network. I have benefited greatly from it, not only because I met many of my prospective clients through these clubs but I met people from various walks of life including law, seniors & juniors having different experiences.

    These kinds of experiences widen your horizons as a lawyer. The job of the lawyer is to understand the perspective of his client, and the Court both. We all know how dynamic and subjective human nature is. Being a part of these clubs helps you enhance the emotional quotient- the greatest asset of our profession!

    You’ve served as the Central Government Counsel at the Delhi High Court. Could you shed some light on your role during that time and share any experiences or cases that left a lasting impact on your professional journey?

    Certainly! I was pleased to be appointed as Government Pleader in the year 2012, and I remained on the list of empanelled lawyers with the Central Government Litigation branch at the Delhi High Court until 2017-18.

    This six-year period was most significant in shaping my professional journey. It exposed me to the intricacies of handling multi-faceted and high-stakes government matters.

    One of the distinctive aspects of appearing on behalf of the government is the sense of responsibility and accountability because your actions and advice can have a direct impact on the general public. It goes beyond individual client representation, as you are entrusted with safeguarding the interests of the larger public and the government as a whole. That’s the combination of power & responsibility that a government counsel bears on his head.

    A set of experiences that seemed cumbersome to my 10-year younger self but had the most impact on my professional journey was the manual filing process prevalent at the time. Unlike today’s E-filing systems, we used to stand in queues before filing counters with strict deadlines to meet. This hands-on experience taught me the importance of time management, meticulous preparation, and adherence to court procedures.

    Now, the agility and clarity with which a court case needs to be handled comes as a second nature to me. I guess, now I truly understand the meaning of this phrase “The more you sweat in peace, the less you bleed in war.”

    Can you tell us a bit about the talented team at KIAA, LLP? How do you nurture and support your team members, and can you give us an idea of the size of your team or the number of interns involved in the firm’s operations? 

    First things first, I think every person at KIAA, LLP knows their job well and my co-founders & I give our Associates a free hand to conduct the matters. Of course, we discuss each proposition together and work on possible solutions but flexibility is the key.

    We believe people can work better if they are not micromanaged. We allow them to work freely while standing strong and tall as their support should the need arise. We are a happy, hardworking and fun-loving bunch of about 15-17 people including our clerical staff.

    You’ve expanded KIAA, LLP into a multi-service law firm. What inspired this diversification,  how do you ensure the team provides practical legal solutions to clients?

    I’d rather say, WE have expanded KIAA, LLP into a multi-service law firm. Naturally, when we started the firm, we were a boutique firm working only on the matters that our clients got to us. Over time we realised that most of our clients (largely business & commercial houses) face similar problems, and we thought why not have an end-to-end solution for all these problems starting from compliance to representation in appropriate forums?

    That’s how we undertook expansion and diversification. Just as Rome wasn’t built in a day, we also took our time, took one department, one specialisation at a time. Categorised various departments and hired associates having specialised knowledge in that department. KIAA, LLP as you see today is years of hard work, late nights, early mornings, sweat & blood.

    We have only one mantra of providing legal solutions to our clients- WE PUT OUR BEST PERSON ON THE JOB!

    In addition to your legal expertise, you’ve delved into blockchain and cryptocurrency, as seen in your certification from Berkeley Law. How do you see emerging technologies influencing the legal landscape, and how is KIAA, LLP adapting to these changes?

    Well, the emerging technologies can influence the legal landscape in many ways or they have already started influencing the system, I’d rather say. With Smart Contracts, Live Streaming of court hearings, E-Filings, E-tokens etc. It would come as no surprise when there will be an official cryptocurrency being used as legal tender! Maybe there will be dedicated law firms for Crypto Law Practice in the future, who knows!? The possibilities are endless!

    We are talking about two things that are highly dynamic- Law & Tech! An impact on one industry will definitely impact the other.

    Outside of your busy legal career, can you share a personal interest or hobby that might surprise our readers and provide a different dimension to your personality?

    I love travelling! I find immense joy in exploring new places and immersing myself in different cultures. It’s not just about leisure; I often plan my trips strategically, making the most of the court summer vacations to indulge in this personal interest. Whether it’s a serene beach destination, a historic city, or a picturesque mountain retreat, I appreciate the diversity our world offers, and I make it a point to experience it firsthand. It helps me unwind, gain fresh perspectives, and recharge for the challenges of the profession.

    Another hobby that adds a different dimension to my personality is playing golf. I find solace in the greens, it helps me strike a perfect balance between relaxation and skill, offering me a chance to clear my mind while engaging in a sport that requires focus and precision.

    Not many would know but I am also an avid collector of watches and antiques. I appreciate art & craftsmanship. Each watch or antique item tells a unique story, and helps me travel in the era bygone!

    Having navigated through diverse legal challenges, is there a piece of advice or a valuable lesson from your career that you would like to share with the upcoming generation of legal professionals as they embark on their journeys in the legal field?

    I would say to my young colleagues & fellow persons: – Dream, Work & Live! Dream big so that you work hard to achieve the life you want but, in the meantime, don’t forget to live. That would mean allowing yourself to make mistakes, they would teach you lessons no law school and mentor can teach. Keep moving and be positive about your work because like a wise man said-

    ‘A pessimist makes nothing not even a mistake!’.

    It would be most appropriate to end this conversation with a saying of Steve Winwood, “The finer things I feel in me, the golden dance life could be.”

    Get in touch with Karan Bindra-

  • “The legal landscape has undergone some of the most significant changes in recent years, due to technological advancements and subject-specific specialization.”- Prashant Kumar, Advocate-on-Record, Supreme Court of India and Principal Associate at Dua Associates

    “The legal landscape has undergone some of the most significant changes in recent years, due to technological advancements and subject-specific specialization.”- Prashant Kumar, Advocate-on-Record, Supreme Court of India and Principal Associate at Dua Associates

    This Interview has been published by Pragya Chandni and The SuperLawyer Team

    Sir, could you please share your journey of how you ended up becoming an Advocate-on-Record at the Supreme Court of India and a Principal Associate at Dua Associates? What motivated you to pursue a career in law?

    The starting point of my journey with law was a matter of chance. During my school days I never imagined myself studying law, however, when I look back today, I think that joining law school was one of the best decisions which I took. I got through Gujarat National Law School, Gandhinagar in the year 2005 and started my journey in the profession in the year 2010 under the able guidance of Ratan Kumar Singh, Senior Advocate. Thereafter, I joined Kapil Sapra & Associates in the year 2012 where I dealt with multifarious works. Being a small set up, work was of different kinds, and the exposure there helped me understand the finer nuances of corporate commercial laws. In the year 2016, I joined Lakshmikumaran & Sridharan, where I dealt with high stake arbitration matters amongst others. Therefore, the exposure at this firm was of a completely different nature. In the year 2020, I joined Dua Associates as a principal associate and continue to work in this firm. I firmly believe that one must keep upgrading his skill sets to be relevant in the legal field. This belief led me to write Advocate-on-Record examinations and I cleared the same in my first attempt. I have enjoyed and learned immensely from different stints in the legal profession.

    With a specialization in commercial/civil litigation, insolvency laws, and alternate dispute resolution, can you discuss a particularly challenging or significant case you’ve worked on? What lessons did you learn from that experience?

    Every case presents a different set of challenges. Therefore, as a lawyer one must understand each case of its merits and treat the same accordingly. I started my practice with a strong foundation of civil, commercial and arbitration laws, which has helped me in dealing with other laws as well. With the advent of insolvency laws, the options available with the parties have increased manifold. Therefore, the first challenge which a lawyer faces today is to decide the right course of action in the given facts and circumstances. Whilst I have worked on various cases which have been challenging or significant, I have been recently involved in a matter before the National Company Law Tribunal, where I represented the financial creditor, in an application filed by the homebuyers, seeking to commence insolvency proceedings against a real estate developer, to which the financial creditor had lent money. Whilst the law is fairly settled, and in case the homebuyers meet the threshold and there is a default, insolvency proceedings should be commenced. However, I argued that the tribunal should not act mechanically and should see the financial health of the company, in addition to the intent behind the filing of the application by the homebuyers which can be fraudulent. I also argued that the interest of homebuyers who are not before the tribunal should also be considered before arriving at a final decision. The tribunal is yet to pass an order, however, this is significant because law is all about being creative within the realm of judicial precedents and legal principles. 

    As someone who appears regularly before various courts and tribunals, can you shed light on the dynamics of practicing law in different forums? How does your approach differ when dealing with cases in the Supreme Court compared to other fora?

    Every forum presents a different set of challenges, and a lawyer should be flexible to deal with such challenges in case one intends to practice before a different forum. By flexibility I mean adapting to the situation at hand. A lawyer who regularly appears before a district court has a particular way of dealing with the cases, however, the same may not be applicable with higher forums. Similarly, a lawyer who practices before the higher forums, will find it difficult to practice before the district courts. That’s why a lot of lawyers choose forums and stick to it. My approach is different because I have been associated mostly with chambers and firms. I started with district courts, tribunals and gradually shifted to high courts and supreme courts, and therefore had the benefit of knowing finer nuances of various courts practice. The best approach according to me is to stick to the basics, i.e., mastery over facts, reliefs sought and an understanding of the forum where the matter is listed. 

    Given your extensive experience in handling commercial disputes and arbitration matters, both domestic and international, could you highlight some key trends or changes you’ve observed in the legal landscape over the years?

    The legal landscape has undergone some of the most significant changes in recent years, due to technological advancements and subject-specific specialization. In addition, the legal profession is also moving towards a multidisciplinary approach, where there is an integration of legal services with other disciplines, such as technology, finance, and business. The areas which have seen significant change include information technology related laws, cyber laws, environmental law, arbitration law etc. In order to cater to the evolving laws and changing trends, a legal professional is required to be updated and focus on specialization. 

    Having dealt with cases across diverse sectors such as Oil & Gas, Infrastructure, Telecom & IT, Banking & Finance, etc., how do you stay updated on the intricacies of different industries? How important is industry-specific knowledge in your field?

    It’s very essential for a lawyer to be updated with latest legal developments and changes, especially in the areas in which he/she works. The way in which I stay up to date is by regularly reading legal updates online and offline. These days there are various newsletters being issued by firms, organisation which contains useful industry specific updates. In addition, I also attend to webinars and conferences, whenever the time permits in order to stay updated. Industry-specific knowledge is very essential in my areas of practice since different industries have different styles of operation. For example, a banking and finance industry has a different style of operation if one compares the same with an oil and gas industry. Therefore, it becomes imperative for a legal professional to deal with every industry after understanding and analysing the basic difference. Once there is a clarity on the basics, one can deal with the issue at hand with ease. 

    What role does advisory work play in your practice? Can you share an instance where your advice made a significant impact on a client’s case or decision-making process?

    Advisory assumes a great importance in my practice areas. Advisory does not only mean a written/oral legal advice, but it includes the day to day dealing with clients, and answering the queries, and extending support to them in the usual course as and when required. One of the opinions which according to me made a significant impact on a client’s case or decision-making process, relates to an analysis of attachment orders issued by district collector, pursuant to the recovery certificates issued by National Consumer Disputes Redressal Commission, and suggesting the future course of action. Pursuant to our thorough analysis and opinion, the attachment orders were quashed and the same was a big relief for the clients. 

    With over 13 years of experience in the legal field, what advice would you give to fresh graduates aspiring to pursue a career in law, considering the evolving nature of the legal profession? What qualities or skills do you believe are crucial for success in this field?

    My advice to a fresh graduate aspiring to pursue a career in law is to focus on the basics first. One can excel in the field and do specialization only if the base is strong. Secondly one has to be humble and have a humane approach. The legal profession is a noble profession wherein we have to deal with various human beings on a daily basis, therefore being humble is very essential. In addition, being sincere and meticulous also helps a lawyer in the long run. Also, having a commercial bent of mind is also important for a lawyer, especially for lawyers who deal with commercial disputes, arbitration, insolvency, corporate laws, and others. Constant upgradation of skill set is also required for a lawyer who wants to succeed in the legal profession. Lastly, one must be solution oriented and should have clarity of thought. This can only come through continuous learning and adapting to the situation at hand.  

    Get in touch with Prashant Kumar-

  • “Protecting intellectual property is not just about rights; it’s about enforcing them effectively. In the world of IP, diligence and honesty are non-negotiable. They’re the pillars of trust.” – Nishi Shabana, Founding Partner of Lume Legal

    “Protecting intellectual property is not just about rights; it’s about enforcing them effectively. In the world of IP, diligence and honesty are non-negotiable. They’re the pillars of trust.” – Nishi Shabana, Founding Partner of Lume Legal

    This interview has been published by Namrata Singh and The SuperLawyer Team

    Your educational background includes a Bachelor’s in Science (B.Sc.) followed by a transition to law. Could you share the journey of how you made this switch and embarked on your legal career? What were the challenges or struggles you faced during this transitional period, and how did you overcome them?

    In 2008, I moved to Delhi to pursue a Diploma in Clinical Research with weekend classes. While looking for a job, I ended up at a law firm specializing in intellectual property (IP) with the help of a friend. Initially I was assigned with creating a database for 300 patent cases they were handling, I became familiar with the patent process and began identifying deficiencies in the files. Upon expressing my observations to my boss, who noticed my science background, I was encouraged to try patent prosecution. This marked the beginning of my journey, and within the same year, I successfully cleared the Patent Agent exam and there was no looking back after that.

    Understanding the legal language, it took me some time to get the flow of it. I think constant exposure to it by reading every day helped me get used to the flow.

    Nishi, with a background in toxicology, law, and extensive experience in IPR, what sparked your interest in this unique combination of fields, and  how has your background in toxicology influenced your approach to handling cases related to intellectual property and food laws?

    It’s all about curiosity. When I started in this field, everything was new to me. Learning about inventions and brands before they hit the market really fascinated me. For example, back in 2009, I worked on a patent application for a mobile wallet, which felt like a big deal at the time. Now, we use it for almost every transaction.

    An extensive research oriented program of toxicology helped me a lot in handling and understanding patent applications. 

    Being recognized as a “Top 50 emerging IP Player” by IP Gorilla is a remarkable achievement. Can you share a pivotal moment or case in your career that you believe contributed significantly to this recognition?

    During my time with my previous firm, I was honoured to be recommended twice by RSG rankings as the most recommended lawyer in the firm. Additionally, I received recognition as one of the recommended lawyers in IP by Legal 500 and was acknowledged as one of the most read authors on Mondaq. I believe these recognitions played a role in my selection by IP Gorilla.

    As a founding partner at Lume Legal, you handle various aspects of intellectual property rights, including patent, design, and trademark issues. What inspired you to establish your own firm, and  what unique vision or approach do you bring to the legal landscape through Lume Legal?

    Honestly, it wasn’t a planned move. I took a break from my job, but I continued to get work through recommendations. That’s when I thought, why not start something on my own? That’s how it all began. We aim to adapt to the evolving legal landscape influenced by changing technology and assist our clients in navigating these changes.

    As an advocate for IP rights awareness, you’re actively involved in speaking at various seminars and conferences. What message do you often find yourself emphasizing to businesses and entrepreneurs regarding the importance of intellectual property?

    Protecting intellectual property (IP) is crucial for any business, but I stress the importance of enforcing IP rights. Business owners need to be clear about where they stand. It’s essential to avoid infringing on others’ IP and, at the same time, ensure that their own rights are not violated. Setting these boundaries is key for a successful business

    Having advised Fortune 500 companies on the protection and use of trademarks, could you highlight a key strategy you employ when working with such high-profile clients to ensure the safeguarding of their intellectual property?

    Diligence, staying informed, and maintaining honesty have consistently been my guiding principles, and they have proven to be beneficial in various situations.

    You’ve written for various national and international law journals. Could you share the motivation behind your writing, and how do you believe it contributes to the legal community and public understanding of intellectual property issues?

    I follow the principle of writing for those who aren’t familiar with legal terms and need straightforward answers. Coming from a science background, I realize that grasping legal jargon can be challenging. My goal is to communicate in simple language so that even the average person can easily understand the content.

    Maintaining a successful career in law requires a high level of self-discipline. Can you share your thoughts on the importance of self-discipline in your professional journey and any strategies you use to stay focused and organized in your work?

    Thanks to IP prosecution, whether it’s dealing with patents or trademarks, it’s a field that operates on tight deadlines. Missing a deadline means having to explain, so being self-disciplined is crucial. When you genuinely enjoy your work, you don’t need elaborate strategies; it simply becomes part of your daily routine.

    Beyond your legal pursuits, what are your hobbies, and how do you like to spend your free time?

    I enjoy experimenting with various activities, ranging from music and dance to reading, and my interests tend to shift over time. Currently, I’m engrossed in watching documentaries.

    For students aspiring to specialize in Intellectual Property Rights, what would be your top piece of advice or a recommended approach to gain a strong foothold in this field while still in law school or early in their legal careers?

    My approach is simple: read, read, and read. Staying updated on current events, brands, and new innovations is crucial. Reading case laws helps me understand how the court addresses different sections or aspects. I firmly believe in the power of perseverance and the importance of continuous learning.

    Get in touch with Nishi Shabana-

  • “Navigating trademark prosecution and enforcement across diverse jurisdictions demands an approach that harmonizes black letter law with case law and procedural insights”-Renuka Rajan, Managing Associate at  Lall & Sethi

    “Navigating trademark prosecution and enforcement across diverse jurisdictions demands an approach that harmonizes black letter law with case law and procedural insights”-Renuka Rajan, Managing Associate at Lall & Sethi

    This Interview has been published by Pragya Chandni and The SuperLawyer Team

    Can you share your journey and tell us what motivated you to pursue a career in law, from your early internships to your current role as a Managing Associate at Lall & Sethi in New Delhi?

    As a child, you would find me engaging in lengthy discussions, be it with my parents, friends, or teachers at school.  And my mother’s dedication to social service has always inspired me – despite having a full-time job and two young kids, she never stopped doing whatever she could to give back to those in need. This instilled in me a strong responsibility to give back to society. As law was the way to advocate for people’s rights and engage in arguments, it was a natural progression for me to decide on law as a career. However, as a first-generation lawyer, my first real experience of the practical side of the law was through my early internships, which provided hands-on experience, and solidified my commitment to this career. Now, as a Managing Associate at Lall & Sethi, I continue this journey, driven by the belief that law is a powerful tool for society. My pursuit aligns with a deep-seated desire to contribute meaningfully to society.

    You have an extensive background in intellectual property law. Could you explain what drew you to this particular field and share some of the most interesting cases or projects you’ve worked on in the realm of intellectual property?

    The arts have always played a major role throughout my life. My mother is a classically trained singer and started training me at the age of three. Thus, having been trained in singing and dancing, and having dabbled in drawing, craftwork and directing, my curiosity was piqued by the interplay between the arts and the law, thus making intellectual property law a natural choice for my specialization. The dynamic nature of this field, especially given the developing nature of the law in India, drove me towards it. Throughout my career, I have had the privilege of learning from and being involved in complicated cases that raised interesting questions of law spanning different fields. One particularly intriguing project involved navigating the complexities of derivative work performed by different artists vis-à-vis the rights of the original artist in the underlying work. Another highlight was considering and advising clients on the interpretation of comparative advertising through implied comparison. One other matter that comes to mind is advising clients on ambush marketing and its implications.  I’ve also had the privilege of delving into the interplay between trademarks and geographical indications. These experiences have not only honed my legal skills, but also reinforced my commitment to excelling in intellectual property law.

    Your experience includes working as a US and India Associate Attorney. How did you navigate the legal systems in both countries, and what were the key differences or similarities you encountered?

    Navigating the legal systems as a US and India licensed Attorney in IP law involves a focus on different strategies. What is interesting is that both countries have similarities in the manner in which they prioritize prior use in the market over the first to file with the government. But the process of registration is very different in both countries. As a US-licensed attorney, I learnt the need to be extremely thorough in running clearance searches before filing a trademark because of the strict nature of examination by the United States Patent and Trademarks Office. Conversely, in India, my focus extended to strategic advisory work, embracing a more solution-oriented approach, as Indian procedure before the Trade Marks Registry focuses on the prior user in the market. The concept of use of a trademark and what is considered sufficient is also quite different in both jurisdictions, thus changing the focus of the advice that one would give clients to prove use in the respective countries. However, despite these disparities, the Indian judiciary often considers it relevant to examine the laws abroad, more particularly in the US, UK and EU when passing orders on interesting points of law.  As a result, the development of intellectual property law in these countries is relevant for the progress of Indian law as well. This motivates me to not only keep abreast of new Indian judgments, but to also keep track of changing US jurisprudence in IP law. 

    You’ve been featured in the World Trademark Review as a top filer in the US. What strategies did you employ to achieve such recognition, and what challenges did you overcome during your time with LegalForce RAPC Worldwide?

    Securing recognition as a prominent filer in the US very early in my career was a result of highly meticulous case management, learning the law quickly and efficiently in a manner that best served the needs of my clients, of course with the integration of technological solutions for enhanced efficiency, and a vigilant awareness of evolving trademark laws. Building strong client relationships was a priority, ensuring a profound understanding of their unique needs and fostering enduring relationships.  This journey was not without its challenges. As a young lawyer, one learns by immersing themselves fully in the law and its changes by being a voracious reader and also learning to observe their peers, seniors and juniors. Much of my learning relating to procedure was due to the time I spent with paralegals who assisted me in my filings. I realized that effectively managing time and cultivating a collaborative team approach were imperative in order to achieve the best efficiency. Observing my peers and learning from their different styles of being a lawyer also encouraged me to look inwards to find the kind of lawyer I wished to be. This reinforced the importance of maintaining, in me, an unwavering commitment to complete honesty in work and excellence in both client service and legal research.

    In your career, you’ve worked on trademark prosecution and enforcement across various countries. How do you approach providing detailed country-specific advice to clients who operate in multiple jurisdictions?

    Navigating trademark prosecution and enforcement across diverse jurisdictions demands an approach that harmonizes black letter law with case law and procedural insights. I have had the unique opportunity of being deeply involved in Indian, US and south east Asian legal frameworks which exposed me to the nuances of each country’s laws and procedures. Past prosecution and enforcement experiences combined with discussions with legal counsels in different jurisdictions on a range of matters has provided invaluable lessons, allowing me to anticipate challenges and optimize strategies based on my experiences in those countries. Beyond legal technicalities, grasping the unique dynamics of each country is crucial. Procedural requirements combined with an understanding of how the judiciary reacts significantly impact enforcement strategies. Regular engagement with local counsels fortifies my advisory role, facilitating a proactive response to emerging issues. Of course – clear communication with clients is paramount for me – if I am unable to distill complex legal intricacies into actionable insights, I would not be helping them make informed decisions. Flexibility is key, allowing for tailored approaches that resonate with the legal and business requirements of each client. I always strive to understand the business needs of every client. This holistic method ensures comprehensive and effective counsel, fostering robust trademark strategies for clients operating seamlessly across multiple countries.

    As a guest lecturer and judge in various legal events, you’ve had the opportunity to share your legal expertise. Could you tell us more about your experiences in educating and mentoring future legal professionals?

    As a guest lecturer and judge at various legal events, I have had the privilege of interacting with inquisitive future legal professionals, especially students in law schools. I encourage students to come forward and ask me any question to help them understand law as a profession as this is one such profession which can benefit people from all walks of life.  Through lectures, I convey how black letter law translates to practice in an attorney’s everyday life, highlighting the relevance of judicial pronouncements and legal research. 

    As a first generation lawyer myself, I have relied heavily on connections I had built over the years, to navigate my journey as a professional. So, my aim in serving as a mentor to students, aspiring lawyers or young professionals is to help them navigate the profession a little better, guide them on refining their advocacy skills and nurture a respect for research and reading. Playing a role in shaping a new cadre of adept, socially aware, and justice-committed legal practitioners is incredibly fulfilling for me personally and I am always available to anyone who reaches out for my guidance.

    You’ve earned several degrees in law, including an LL.M. from The George Washington University Law School. How did your academic pursuits contribute to your career, and what advice would you give to law students who aspire to excel in their studies and those interested in intellectual property law and international practice  ?

    My legal education, an LL.M. from The George Washington University Law School, has been the compass guiding my career. When I graduated from law school with my undergraduate degree, I was still keen on delving deeper into the field that I knew was my calling.  So, pursuing a masters was a natural choice and I find myself much enhanced as an overall professional because of this experience. 

    As Gandhi said, ‘Be the change you wish to see in the world’. To aspiring law students: Blend academic prowess with practical wisdom. Engage in internships, embrace moot courts, and build a network. Excellence demands dedication and a commitment to continuous learning. Success in law is not just about knowledge, but embodying the change you seek. The journey from student to legal professional is a transformative process; let Gandhi’s wisdom inspire your path to becoming a catalyst for positive change in the legal realm.
    As I reflect on my journey and accomplishments, my advice to fresh law graduates would be to foster a curious mindset, staying attuned to the constant, very evolving legal frameworks. Pursue diverse experiences through actively participating in networking to construct a strong professional foundation. In the dynamic realm of intellectual property, nurture a fervor for research and keeping abreast of the latest legal developments, whether it is through reading judgments or conducting research on the aspects of law which are yet to be explored. With evolving technology, there is an ever expanding scope for the law itself given the ambiguity in the current legal framework that has not changed at the same speed as innovations. So, keeping yourself informed of legal and technological developments is key for any growing professional.   As a young lawyer, it is also very important to work towards being the kind of professional you intend to be throughout your career. Prioritizing communication skills, adeptness in communicating intricate legal concepts in a simple, easily understandable manner, establishing a mentorship network to actively seek guidance, never compromising your integrity or ethical standards – are all foundational to a flourishing legal career.   It is important to remember that every miss, every challenge and every mistake is a chance for growth, and this commitment to continuous learning will pave the way for a gratifying and impactful journey in law.

    Get in touch with Renuka Rajan-

  • “Over the period of years and working experience I  have realized that a person has to be evolving with the time and have a complete control and know-how of its surroundings along with current legal and technical knowledge of gadgets”- Persis Hodiwalla, Managing Partner, JP Legal Corp.

    “Over the period of years and working experience I  have realized that a person has to be evolving with the time and have a complete control and know-how of its surroundings along with current legal and technical knowledge of gadgets”- Persis Hodiwalla, Managing Partner, JP Legal Corp.

    This Interview has been published by Pragya Chandni and The SuperLawyer Team

    Could you please share your journey and the pivotal moments that led you to pursue a career in law, particularly in the field of entertainment and media law?

    As a teenager, I possessed a skill of questioning and having healthy negotiations at home and with teachers in school towards studies and life. Parents always wanted me to become a doctor or an engineer, however due to my low maths score I couldn’t qualify in either of the fields. Whilst growing up there were property related issues in the family, thus at a very young age I had started reading the legal notices and their responses. The legal language mentioned in such notices was very intriguing for me and as such I was always curious to know the nitty-gritties involved in various types of laws which governed our country. Consequently, before I could complete my 10th grade she had decided to become a lawyer. Also, law does not require any maths or complex chemical calculations. Throughout my school life always had a good command over spoken and written English language and could memorise vast portions of her school syllabus along with general knowledge gained by reading newspapers, these basic skills were enough to have a zeal to become a lawyer and to get into a good law school. 

    Thus, after completing school in 1999, I got into commerce stream and completed my basic graduation from Mumbai wherein she got to learn about business management and economics. Post that in 2004 I got admission into the 3 year Law Course from Jitendra Chauhan College of Law, Mumbai. In those 3 years I was also interning at a reputed law firm wherein I obtained hands-on experience of drafting the legal language, visiting the High Court of Bombay, meeting counsels, reviewing the agreements, drafting legal notices. Over the period of 3 years my teenage dream of drafting and executing legal documents unfolded and by the end of the internship and law college in 2007 Persis was ready to take on the legal fraternity with her skills of drafting, negotiating and executing legal documents.

    On a personal front, during my childhood, my parents used to take me to watch Hindi films in the theatres at Mumbai and  thus as a child I always had this thought that someday my name should appear on that big theatre screen in the capacity of a lawyer. Unknown to  how life after 2007 would open avenues for me in the media and entertainment sector.

    Thus in 2007 after completion of B.com and LLB graduation, I was very aggressive in search of a legal job in the market. As destiny would have it, I secured a job as a Legal Executive in Adlabs Films, Filmcity Mumbai in October 2007. In her tenure of 3 years there, she got hands-on experience in drafting, negotiating and executing all the Film production, distribution agreements. Not only I worked in the legal side of the company but was also fortunate enough to learn the technical side of converting the final film footage into a digital cinema print and distributing the same worldwide. In this tenure I also got a chance of reviewing and negotiating the business conducting agreements wherein the single screen and multiplex cinema chains owners were giving their old cinemas to be refurbished and run under the brand name of Big Cinemas in India. On the other hand, the benefit of working in the entertainment sector was that I got a chance to see and meet many film actors and was also invited to a lot of film screenings and parties. Overall during the entire tenure I had a holistic approach of how the Film fraternity functions and gained the legal and commercial knowledge of each and every aspect involved in the Filmmaking business in India.

    Thus by the year 2010 I was sure that I would pursue a career in my lifetime in the Media and Entertainment industry as it was very challenging and vulnerable.  Being very hard working and a person who is open to learning new things happening in the industry along with multitasking and managing numerous verticals in the company made me an all-rounder in the media and entertainment industry. All this was possible due to the support of my seniors and friends which I had made whilst working in Adlabs Films.

    Given your diverse educational background, how have your experiences at Southwestern Law School, NALSAR University and Mumbai University contributed to shaping your legal career, especially in the entertainment sector?

    I graduated in Law from Mumbai in the year 2007 wherein my major subject was Intellectual Property. At that time I thought that  field was much more exciting and challenging to be a part of. Back then, the Entertainment and Media Industry in India was not as structured as it is today and people worked with each other based on the relations amongst them. However, it was later that this industry evolved with the agreements and contracts and commercial deal structures. Hence there was a need to further study the market and the laws in depth to cater to this industry. Hence, I later went to pursue her Post Graduate Diploma from Nalsar University, Hyderabad. 

    In this PGD Course I got a chance to study the laws governing the content which is circulated through cable and radio in India along with the advertisement codes applicable on brands. This was an in-depth study of the laws and real life examples prevailing in the media and entertainment industry. Thus, I completed the course in 2011.

    However, post that when I was working for another media company in Mumbai which was dealing with Hollywood studios in Los Angeles, I realized the importance of learning the nuances of the legal framework prevailing in the US entertainment and media industry. Whilst working, I also wanted to learn about the various commercial aspects which are required in structuring the deals internationally. 

    Thus in the year 2012 I came across a law school named Southwestern Law School, Los Angeles which was providing a masters level 24 credits program in filmmaking, copyright law and commercial deal structuring in the media and entertainment sector. This was an 18 months course for international students who qualify to become a part of this course after passing the TOEFL exam and seeking the requisite score. After a long struggle of another year, I got myself enrolled into the course which commenced on/from January 2014 and graduated in May 2015. 

    During this course I  have learnt and mastered the art and skill of drafting and executing agreements prevailing in the international media and entertainment market along with US Copyright Law. In this course I  have learnt the nuisances of the Content Curating Industry. It was during this course that I learned to raise red flags in the script, train the production team and conduct due diligence of the underlying works of any original content and draft commercial agreements towards exploitation of each and every right which are embedded in the content. 

    Hence, by 2015 I had my qualifications and skills and abilities to take on the legal and commercial work in the media and entertainment industry in Mumbai. In the year 2016 India was also shaping up to acquire a lot of content to make films and/or web-series based on books, remake films into Hindi languages, commercially exploit and earn revenues through sale of theatrical and non-theatrical rights of the Film in India and worldwide. I had not only acquired all the knowledge through my education but also had hands-on experience by working as an In House lawyer for many companies, more particularly studios which were primarily into film making and distribution.

    You’ve held key legal positions at prominent entertainment companies such as Eros International, Reliance Big Entertainment, and Phantom Films. Could you highlight some of the unique challenges you faced in negotiating and executing agreements in the dynamic world of film production, distribution, and intellectual property rights?

    As an In House Counsel working for the Media & Entertainment Studios it is mandatory to firstly acquire all the intellectual property in the form of copyright embedded in the literary, musical, sound recordings and dance works from the original author of the work. The structuring of the deals are done in such a way that each and every person working on the content is engaged by the producer on work made for hire basis and in lieu thereof the producers have to pay off the monies to these cast and crew people. 

    On an average we as lawyers have to draft, review and execute more than 100 agreements and contracts on one film or web-series. Most of the crew i.e. the below the line agreements consisting of secondary cast, production artists are templatised and are on automated mode, thus executing them is always a fast track process. On the other hand writer, director and actor agreements are extremely critical to draft and execute as there are numerous clauses to be drafted in the same. The clause needs to ensure that all the intellectual property in terms of copyright and trademark are firstly acquired by the producer and then safeguarded in a diligent manner. Whilst drafting these agreements we as the lawyers representing the producer ensure that the intellectual property existing not only now but in future is also acquired for exploitation. These agreements are more than 15 pages which capture clauses like name, recitals, obligations, consideration, credits, termination, consequences of termination, representation and warranties, indemnity, miscellaneous etc. along with the annexures. 

    The unique challenges to close these agreements are to get all the lawyers representing the respective talents on the same page and align with the business understandings of the project. Most of the clauses are not acceptable by the producers as the demands from the talents are much more which are beyond the given approved budgets. Hence we either get on con-calls or sit across the table with the lawyers of the actors, writers, directors and musicians to arrive at a consensus wherein all the parties can amicably agree with each other and get the clauses drafted accordingly. Once all the parties have given their approval on all the clauses then the final approved version of the document is circulated amongst all the parties for confirmation and then proceeded towards execution thereof. 

    The other challenge is that a lot of time goes in negotiating these clauses and commercial understanding of the deal with the lawyers of these talents. We have spent at times more than 10 human hours in a single day negotiating these agreements and turning it around for execution within the next 36 hours. These are the times when our skills and abilities to deliver our work along with people handling skills are being put to test. At no point in time can we afford to lose our patience or get aggressive with the opposite party lawyers as media and entertainment is a very close knit industry and we have to work with such people time and again. 

    As a Partner at JP Legal Corp, you’re deeply involved in content production agreements and project viability assessments. How do you navigate the delicate balance between creative freedom and legal constraints in the entertainment industry?

    JP Legal is best known for providing its clients end-to end services i.e. from Script to Screen. 

    JP Legal provides personalised services to its clientele wherein its involved in the processes of content making right from the time the literary works for such content is being developed by the writer which is engaged by the Producer.

    Once the first draft of the script is being developed JP Legal reads the same and points out the red flags i.e. if there are any names of real persons mentioned in the script, branded products are showcased in the story line, any third party copyrighted materials (i.e. paintings, news footages, photos, music) are used in the script. This is done to ensure that none of the third-party copyrights are infringed in the script. Further in the event any footage, paintings, music is forming a part of the story line, then JP Legal initiates the License Agreements with the copyright owner and producer of the content and legally acquires the license to showcase such third-party material in the content. 

    Once the final draft of the script along with the above necessary changes suggested by JP Legal is locked by the Producer, then JP Legal trains the production team about the Dos and Don’ts to be followed whilst actual filming of the content to avoid any third-party copyright infringement issues. 

    In the meantime, whilst the script is getting locked and pre-production period of the content is under process, JP Legal drafts, reviews and executes all the Above the Line Agreements (i.e. Agreements for the Writers, Actors, Director, Head of Departments) and Below the Line Agreements (i.e. remaining crew) and hands it over to the production house. Under these agreements the obligations, representations and warranties of each cast and crew is detailed in depth and all the intellectual property is acquired by the Producer from them in universal perpetuity in lieu of the agreed consideration.

    Since Producer can be the assignor of the exploitation rights of the Content, JP Legal also drafts, reviews and executes agreements for Theatrical Distribution Rights of the Film, Non-Theatrical Distribution Rights Agreements like Satellite Rights, OTT Rights, Music Rights etc. with third parties. All these agreements ensure that the content is commercially exploited on every available window worldwide. 

    The new area of focus and revenue generating window for any content produced is the over-the-top platform. In the year 2020 when the world was hit due to the Covid19 Pandemic OTT’s role became more significant in India as the audience had no other source of entertainment sitting at home. 

    The top 3 OTT Players are Prime Video, Disney Hotstar and Netflix, other Indian OTT players are Zee5, SonyLiv, Voot, JioTV, Alt Balaji and many others. On an average these OTT platforms require a new show every fortnight of the month in order to cater to the audience of every genre quenching their viewing thirst and keeping them engaged and holding on to the respective content available on the OTT platform. 

    Most of the OTT players prefer to have content which is based either on the books, real life stories, old TV shows etc. So, the OTT platforms acquire the requisite rights for developing these web-shows from the book publishers, real persons on whom the show is being made or from the satellite companies with whom the old TV show rights are acquired accordingly. If the OTT platforms have any slightest doubt about any underlying rights not being cleared then they will not showcase such   content. 

    Most of the clientele of JP Legal are now inclined towards making content for the OTT platforms, hence at each stage JP Legal is involved with their clients to produce the content as required by the OTT Platforms in accordance with their rules and regulations. In order to be a support system to the clients towards production of the content for OTT Platforms, JP Legal has to from time to time be abreast with the applicable laws of the land and the current market scenario as we not only are a legal function but extend our support to commercial aspects of the content to ensure that the producer earns maximum revenues from the production of such content.

    In the Indian content creation industry, a writer is usually considered the most important person to create intellectual property in literary works. Thus, when an audio-visual content piece is developed, JP Legal ensures that a writer’s agreement (s) is elaborately drafted and executed to ensure that the writer has written the original script for the audio-visual content. But, of course, unless the script/story is an adaptation from a book or is a derivative work developed based on original content, then such aspects are in depth captured in the writer’s agreement. Similarly, music composers who create musical works, directors directing the content and the actors who are also part of embodying artistic works are important copyright owners of the works. Thus JP Legal ensures all the assignment of the intellectual property rights stemming from their work is assigned to the Producer.

    In the event any of our client is interested in producing a content based on the published Book or remake the content in another language, then we at JP Legal conduct a thorough due diligence of the chain of title on all the underlying materials of the original content is clear from any third-party infringement ensuring that all the intellectual property rights are flowing well from the original author/creator to the final exploiter/producer. Thus, to ensure the same, JP Legal will draft and execute numerous rights acquisition agreements to acquire the original rights from the original copyright owner or author. 

    As mentioned above JP Legal is appreciated by all their clients because there is JP Legal’s legal and commercial in-depth involvement in each and every content which is created by its client, unlike other law firms who only provide a production pack to their clients. This really sets JP Legal apart from all the other law firms. 


    Whilst   JP Legal ensures that the creative bend of the director is always safeguarded with the legal implications and regulations to ensure that there are no future litigations on the project and all rights of the project are safeguarded and well exploited in universal perpetuity by the producer and recoup all the investments made towards the content in a diligent and timely manner.

    Throughout your career, you’ve received several awards, including being recognized as the Best IP Lawyer among 100 Female Lawyers in India. Can you share the significance of these accolades and how they have impacted your approach to your legal work?

    I have been very obliged and humbled to every fraternity for rewarding her the awards and accolades for the work done by me  in the media and entertainment industry over the last 17 years. From 2019 when I was an In house Senior Manager at Phantom Films and later at Reliance Entertainment Limited, I have been a speaker at many Intellectual Property Forums in India and also had made submissions of my yearly work done to the respective fraternity to qualify for such awards. Thus to be a speaker on the panel the person has to have in-depth subject matter knowledge and confidence to speak on the stage. With the help of my seniors at work and colleagues I had gathered the strength to be on the panel with other renowned IP lawyers. These fraternities conduct a deep research about my profile and work and my speaking skills and then qualify my profile for the awards. 

    In the year 2023 I was also awarded the 40 under 40 Rising Star Award by Legal Era forum, JP Legal Corp. have been awarded the Lex Falcon Award in Dubai and many more. These awards and accolades always push a person to work hard and achieve their dreams and take a step towards success and get recognition amongst the legal fraternity.

    This year has given me an immense pleasure as Legal500 has once again ranked me as a Leading Individual in the TMT Category – India – Mumbai Focus, this ranking means a lot to me as after extensive research and scrutiny this title is being given to a lawyer. Further JP Legal Corp. has also been ranked in the Tier 2 – TMT category & Tier 3 for IP category for India – Mumbai focus for the year 2024. The Legal500 accolade is considered as epitome for me  as it elevates me and the law firm over and above other existing firms. 

    Your social media presence is quite extensive. How has leveraging platforms like LinkedIn contributed to your professional growth, networking, and perhaps even attracting opportunities in the legal and entertainment domain?

    In today’s day and age social media is a blessing for all the lawyers as the pace at which they can connect with the legal fraternity and clients is immense. On Linkedin we also reach out to lawyers who are working in the intellectual property area like trademark, patents and seek their advice as and when required for our projects. Also through LinkedIn we come to know about the current employment opportunities prevailing in the legal fraternity and if we have a candidate for the same then we surely reach out and put in a word for the candidate with the employer. 

    Further, through the LinkedIn portal, I have been very fortunate enough to connect with the various forums or groups who conduct intellectual property seminars across India. Once connected with these forums subject to my availability and the topics being discussed at the seminars, I participated as a panelist for one of the sessions hosted by these forums. Also time and again my profile has been shortlisted for many accolades and awards which through the LinkedIn portal is being publicised and known to the world. 

    A few reputed law firms practising intellectual property rights and these law firms on a weekly or fortnightly basis issue magazines which mentions about prevailing laws, latest judgements and litigations prevailing in the media and entertainment industry and they also upload the same on Linkedin. I also follow most of these law firms on LinkedIn and keep myself updated about the media and entertainment industry.

    Lastly, over the years I have been conducting numerous legal and business workshops in the law schools at Mumbai, Hyderabad and have taught the students about copyright law, drafting agreements and nuances of media and entertainment business. Through the LinkedIn chat box these students also get a chance to interact with me and ask their concerns and seek career guidance for themselves. I  surely respond to each one of them as and when time persists. 

    Thus LinkedIn is a great social media platform for professionals to showcase their career progress, achievements, accolades and seek information on various related topics. I make sure that my LinkedIn profile is well updated and intact with the latest information and news related to herself and JP Legal Corp.

    Considering your achievements and experiences, what advice would you give to recent law graduates aspiring to make a mark in the field of entertainment and media law, or law in general?

    Today’s generation has a lot of advantages of having access to a lot of social media platforms which provides them with a lot of knowledge and current information. Over the period of years and working experience I  have realized that a person has to be evolving with the time and have a complete control and know-how of its surroundings along with current legal and technical knowledge of gadgets.

    When I conduct the workshops in the law schools, I emphasize and encourage the students who want to pursue media and entertainment law to firstly study contract act and copyright act in depth, along with that have a fair idea about trademarks and patents. These students should be inclined towards drafting, vetting, negotiating and executing agreements prevailing in the media and entertainment sector. If a student wants to join a studio or production house, firstly that student should acquire knowledge about the businesses conducted by such a company and have a hands down experience in knowing the different types of agreements which will be executed for a particular deal.

    In the media and entertainment sector the law students should understand that more than legal knowledge this industry functions based on mutual trust and confirmation between the parties and also respect and value the sentiments of the persons creatively involved in the process of content making, thus firstly the student should have people’s management skill within themselves. Also this industry is very volatile and growing thus the student should be open to learning the new aspects of the business and be able to cater to the same. 

    Lastly, this industry has no fixed working hours, hence the student should be completely passionate about the industry to work for long hours. Students should have knowledge about the business and have zeal towards working in the industry. To their seniors this will showcase their sustainability in the industry. Also this industry requires a lot of hard work and one should be ready to give their best towards the legal work. Always keep yourself updated with the latest judgements, industry know-how, local laws, commercial deals happening across the industry all this will provide skills and abilities to negotiate the deals in better manner and get the best commercials for the clients.

    Get in touch with Persis Hodiwalla-

  • “I always believe that litigation is akin to a game of chess where you must anticipate three to four steps of your opponent’s preparation accordingly”-Gaurav Varma, Founding Partner – Integricon Law Offices 

    “I always believe that litigation is akin to a game of chess where you must anticipate three to four steps of your opponent’s preparation accordingly”-Gaurav Varma, Founding Partner – Integricon Law Offices 

    This Interview has been published by Pragya Chandni and The SuperLawyer Team

    Can you share some insights into your journey in the legal profession and how you decided to specialize in dispute resolution, particularly in areas such as arbitrations, insolvency, and regulatory practice?

    Being the fourth-generation lawyer in a family of reputed criminal lawyers, it was clear that I will build my career in dispute resolution. During internships at various prestigious law firms in Delhi, I had the opportunity to work in various areas of practice in litigation, including Arbitrations, Company Law and  Securities Law, which eventually opened new horizons for me. I began to realise that with increasing tribunalisation and diversification of the legal field, one cannot have a short-term vision. I believe that in our legal profession, initial three to five years are most crucial for self-development and therefore, in order to gain as much practical exposure as possible in my initial years, I ventured in all practice areas by associating with senior professionals specialising in different areas like Civil Trials, Company Law, Arbitrations, White Collar Crimes, Telecommunication Law, Electricity Law, Securities Law, Service Law and Constitutional Law.             

    You have extensive experience representing clients in various high-profile cases before different courts and tribunals. Could you highlight a case that you found particularly challenging or rewarding, and what lessons did you learn from it?

    Many of the cases, argued by me, have been widely reported by news and legal journals, ranging from landmark judgments in Arbitration, Insolvency and Commercial Law issues to the judgments granting bail in Delhi Riots case and establishing the principle that ‘holding weapon is not a fundamental right’. I have worked on numerous high-profile cases, including those involving leading FMCG companies, real estate developers, hospitality group, electricity transmission cos., 2G spectrum allocation trial proceedings, challenging constitutionality of provisions of Companies Act, as well as cases related to SFIO, EOW, ED prosecutions involving hundreds of crores, and SEBI and FEMA violation cases. Each of these cases has been a different learning experience, particularly, in forming strategies to build the case in a manner that achieves the desired relief. 

    I always believe that litigation is akin to a game of chess where you must anticipate three to four steps of your opponent’s preparation accordingly. With time, I have also learned the importance of identifying the “fulcrum of the case”, that one crucial point in the brief around which the case needs to be built. Proficiency in drafting and research is invaluable in devising the right strategy. However, it’s important to emphasize that in my philosophy, I do not discriminate between cases or compromise my level of commitment based on factors such as monetary value or property valuation, or the stature of the individual / organisation involved.  

    Your career includes handling SFIO, EOW, ED prosecutions involving hundreds of crores and SEBI and FEMA violation cases. How do you navigate the complexities of economic offences and regulatory issues while dealing with such cases?

    I have handled economic offences, regulatory violation proceedings and white collar crimes ranging from alleged Ponzi Schemes to alleged manipulation of accounts, incomplete disclosures to regulatory authorities and the 2G spectrum allocation process, where the alleged quantum is in multiples of hundred of crores based on initial investigations., These cases are unique as they require an understanding of accounts, commercial law, criminal intent and ultimate loss or injury caused. Additionally, one must gauge the aggrieved party’s nature of loss or injury caused and accordingly analyse the case. When representing clients in such cases, I adopt the simplest approach of assuming the client is placed at the weakest point and start self-questioning regarding the alleged act as presented, level of involvement shown, possible intent and natural consequences or repercussions on others as well as on the client.  

    Having worked with various senior advocates and legal luminaries, how has that shaped your professional growth and influenced your approach to legal practice? 

    In the past 16 years, I have been fortunate to work closely with many legal luminaries, senior advocates, namely Mr. Mukul Rohatgi, Dr. Abhishek Manu Singhvi, Mr. Sudipto Sarkar, Mr. Amit Sibal, Mr. Amarjit Singh Chandhiok, Mr. Dhruv Mehta, Mr. Neeraj Kishan Kaul, Mr. Arvind Nigam, Mr. Ashwini Kumar Mata, Mr. Mohit Mathur, Mr. Vikas Pahwa, Mr. Tarun Gulati, Mr. U.K. Chaudhary and my mentors Mr. Meet Malhotra, Mr. Vivek Kohli and Mr. Sumeet Pushkarna.  

    From my interactions and close work with all these respected senior advocates, I have learned that one must be a master of the facts of their brief. The entire facts, pages and interconnection of different documents must be mapped in your mind so clearly that you can anticipate the questions from the Bench and opponents and be ready with references in the case file instantaneously. While arguing in Court, you cannot leave grip of the facts because sometimes, you need to frame the argument thinking on your feet. Clarity of thought while preparing the case and explaining the case or arguing in Court is the most crucial aspect to be learned.   

    You have worked with government departments such as the Central Government, State Government, departments like Delhi Electricity Regulatory Commission, Delhi Transport Corporation, Delhi Jal Board, Employees’ Provident Fund Organisation. How has your experience with these government bodies influenced your approach to handling cases and managing client expectations?

    Working with Government Regulators and Departments has been an enriching experience for me. I have had the opportunity to handle a variety of issues, ranging from defending constitutionality of Acts / Rules / Regulations to defending discretion in approvals, licensing, allotment of tenders, as well as intent and implementation of policies & schemes and also dealing with service law related issues. 

    Being a government lawyer is a position of utmost responsibility. It requires careful handling of confidential files and also defending executive actions, each of which is taken after detailed deliberation and approvals at different levels within the concerned department and ministry. I must commend government departments for their diligence in adhering timelines granted by Courts for preparation of pleadings or compliance with any interim or final decisions. In recent times, government departments have significantly ramped up recruitment of legal officers, leading to an overall improvement in case management at departmental level. 

    As an Advocate-on-Record with a significant presence in the Supreme Court, could you share some insights into the dynamics of presenting cases before the highest court in India? How do you approach advocacy in such a distinguished forum?

    As an Advocate-on-Record, when filing pleadings or presenting cases before the Hon’ble Supreme Court, it is paramount to be thoroughly knowledgeable about the subject matter of the case. Being well-read extends beyond understanding the legal issues at hand, it also entails being familiar with judicial precedents and legal developments pertaining to the relevant statute. 

    The Hon’ble Supreme Court plays a pivotal role in the ongoing process of evolution of law, adapting to changing societal norms and refining legal complexities. This includes redefining principles of bail, fundamental rights, shaping jurisprudence of economic offences or commercial laws. Therefore, it is imperative to possess a strong foundation of legal knowledge when assisting the Bench.   

    Considering your extensive experience, what advice would you give to law graduates who are entering the legal profession today, especially in terms of specialization and adapting to the ever-changing legal landscape?

    As I mentioned earlier, the initial three to five years in the legal profession are extremely crucial for professional development. Certain good practices, such as reading judgments, if cultivated since the beginning, prove invaluable in the long run. When I refer to “reading”, I don’t mean merely skimming legal news or excerpts of judgments available on various portals but reading the entire judgment – the original text. 

    Learning should not be confined to assignments alone. It’s only when you immerse yourself in reading and compiling research subject-wise that you can not only identify your areas of interest but also be well-prepared to adapt to the ever-changing legal landscape in any field of law.     

    Get in touch with Gaurav Varma-

  • “The inspiration to establish a law firm stemmed from a desire to create a space where I could apply my legal skills, knowledge, and passion for justice in a way that aligned with my values and goals.” – Hemant Singh, Founding & Managing Partner @ Charter Law Chambers

    “The inspiration to establish a law firm stemmed from a desire to create a space where I could apply my legal skills, knowledge, and passion for justice in a way that aligned with my values and goals.” – Hemant Singh, Founding & Managing Partner @ Charter Law Chambers

    This interview has been published by Namrata Singh and The SuperLawyer Team

    Could you take us on a brief journey from your college days, highlighting key experiences or lessons that have shaped your path in the legal profession, leading to the establishment of Charter Law Chambers?

    Sure! Starting from my college days, I learned the importance of critical thinking and research skills, which are essential in the legal profession. Participating in moot court competitions honed my advocacy skills and taught me the importance of preparation and presentation. Internships at law firms exposed me to real-world legal practice, where I learned about different areas of law and gained practical experience. Networking with professionals and mentors helped me understand the industry and navigate career opportunities. Overall, my college experiences laid the foundation for my journey in the legal profession, shaping my skills, knowledge, and passion for justice.

    Additionally, the passion for justice and dedication to serving clients that were cultivated during college continue to drive the ethos of the law firm, ensuring a commitment to excellence and client satisfaction.

    From its inception in 2019 to now, Charter Law Chambers has grown remarkably. What inspired you to establish this firm, and how has the journey been so far?

    The inspiration to establish a law firm stemmed from a desire to create a space where I could apply my legal skills, knowledge, and passion for justice in a way that aligned with my values and goals. I wanted to build a firm that prioritized client service, innovation, and making a positive impact in the community.

    The journey so far has been both challenging and rewarding. Building a law firm from the ground up requires dedication, hard work, and perseverance. There have been obstacles to overcome, such as navigating the complexities of running a business, attracting clients, and establishing a reputation in the legal industry. However, each challenge has provided an opportunity for growth and learning. 

    Your profile emphasizes your significant role in electricity regulatory matters. Can you share a specific case or achievement in the energy sector that you are particularly proud of?

    My office assisted Adani Electricity Mumbai Limited (AEML) & Adani Electricity Mumbai Infra Limited (AEMIL) before the Supreme Court against a Civil Appeal filed by Tata Power Company Limited-Transmission challenging allocation of a Rs. 7000 Crore, 1000 MW HVDC VSC based Transmission Project, being one-of-a-kind Transmission Project in the City of Mumbai to to AEMIL (100% owned subsidiary of AEML) under Section 62/ non-bidding route of the Electricity Act, 2003, instead of Section 63/ bidding route. 

    Supreme Court on 23.11.2022 passed a landmark judgment thereby dismissing the Civil Appeal filed by Tata Power Company Limited-Transmission, thereby holding that the Transmission Project was rightly awarded to AEMIL under Section 62/ non-bidding route, and further held that Section 63/ bidding route is not the dominant route

    Starting as a boutique regulatory litigation firm, CLC has expanded its practice areas. How did this diversification come about, and what factors influenced the decision to broaden the firm’s scope?

    Expanding the practice areas of a boutique law firm involves careful consideration of various factors:

    1. Client demand
    1. Market Analysis
    1. Competitor Analysis
    1. Expertise and resources
    1. Growth strategy
    1. Client relationships 
    1. Regulatory considerations

    Overall, a combination of market demand, strategic analysis, existing expertise, and client relationships typically influences the decision to expand the practice areas of a boutique law firm.

    Being a member of the Supreme Court Bar Association and Delhi High Court Bar Association, how has networking within these professional societies contributed to your professional growth?

    Being a member of both the Supreme Court Bar Association and the High Court Bar Association provides invaluable opportunities for networking and professional growth. Networking within these esteemed associations allows for:

    • Access to expertise
    • Referrals and collaborations
    • Mentorship and guidance
    • Visibility and reputation
    • Advocacy and influence

    Overall, networking within the Supreme Court Bar Association and the High Court Bar Association offers numerous benefits for professional growth, including access to expertise, referrals, mentorship, visibility, and opportunities for advocacy and collaboration. These connections help foster a vibrant and supportive legal community, enriching the professional journey of its members.

    Beyond legal practice, you’ve been involved in community development. How do you integrate social responsibility into the ethos of Charter Law Chambers, and can you share a specific initiative that holds personal significance for you?

    Integrating social responsibility into legal practice involves a multifaceted approach aimed at making a positive impact on the community. Some instances such as doing pro bono work, policy advocacy and reform, diversity, equity and inclusion. 

    One such instance would be organising guest lectures at esteemed colleges all over India and holding conferences on in Delhi

    Given your involvement in international workshops, like the one in Switzerland, how do global perspectives influence your advocacy, and how do you incorporate lessons from international experiences into your practice? 

    Overall, a global perspective enhances advocacy by promoting a deeper understanding of international laws and norms, recognising interconnectedness, fostering empathy and solidarity, promoting cultural sensitivity and diversity and utilising global platforms to advance social, economic and environmental justice.

    Law is demanding, and stress management is crucial. How do you personally prioritize wellness amidst a busy legal practice, and do you encourage similar practices within your team? 

    Prioritizing wellness amidst a busy legal practice is essential for maintaining overall health and effectiveness. Overall, prioritizing wellness amidst a busy legal practice involves setting boundaries, practicing self-care, managing workload effectively, fostering open communication, promoting work-life balance, and providing resources and support to team members. By prioritizing wellness within the team, we can create a healthier and more productive work environment where individuals can thrive professionally and personally.

    Given your involvement in education initiatives like teaching at Vivekananda College, how important do you think it is for legal professionals to engage in education, and what benefits do you see in such endeavors?

    Engaging in ongoing education is crucial for legal professionals to stay current with developments in the law, enhance their skills and knowledge, and adapt to changes in the legal landscape.

    As such, continuing education is essential for legal professionals to remain competent, relevant, and successful in an ever-changing legal landscape. By staying informed, enhancing skills, building expertise, fulfilling professional obligations, networking, and pursuing growth opportunities, legal professionals can continue to thrive in their careers and make meaningful contributions to the legal profession and society.

    Having over 15 years of experience, what advice would you give to young lawyers aspiring to make a mark in the legal field, especially those interested in energy and infrastructure practice?

    As a seasoned lawyer with over 15 years of experience in energy and infrastructure practice, here are some pieces of advice for young lawyers interested in this field:

    • untickedBuild a strong foundation
    • untickedSpecialize and gain expertise
    • untickedSeek mentorship
    • untickedGain practical experience
    • untickedNetwork strategically
    • untickedStay adaptable and open-minded
    • untickedDemonstrate commitment and passion
    • untickedFocus on client service

    By following these pieces of advice and continuously learning, growing, and networking within the energy and infrastructure industry, young lawyers can position themselves for a successful and fulfilling career in this dynamic and impactful field.

    Get in touch with Hemant Singh-

  • “Politeness is an understated skill to possess; it reflects integrity and professionalism in every interaction.” – From navigating high-stakes commercial disputes to advocating for legal reform in Chhattisgarh, Rishabh Garg, Partner at Pransh Law Offices

    “Politeness is an understated skill to possess; it reflects integrity and professionalism in every interaction.” – From navigating high-stakes commercial disputes to advocating for legal reform in Chhattisgarh, Rishabh Garg, Partner at Pransh Law Offices

    This interview has been published by Namrata Singh and The SuperLawyer Team

    Reflecting on your journey from ILS Law College, Pune, to your current position as a Founding Partner at Pransh Law Offices, what pivotal moments or experiences shaped your career in law and What inspired you to establish a legal practice in Chhattisgarh, and what unique approach does Pransh bring to the legal landscape?

    My first encounter with Law was when I was an hour away from my higher secondary mid-term examinations at Symbiosis Junior College, Pune. I had received a call from my inconsolable mother, “Your father has been arrested”. I remember returning to my hometown Korba, Chhattisgarh after my exam and spending months going through the complex legal proceedings. It was then that I studied the law in detail and had a very many meaningful conversations with the lawyers. It took 4 months of hardships before he was discharged of all offences. I believe that’s when I found my true calling and joined ILS Law College in 2008. 

    At ILS, one had to be self-motivated in order to learn since the College did not mandatorily require anyone to partake in any activity other than attending lectures, which too, ended at 10 in the morning. This meant one had ample time to explore and identify one’s area of interest. I did a couple of internships in Corporate Law during the initial years, but it was my internship with a Senior Advocate in the Supreme Court in my penultimate year that made me realise that litigation was what intrigued me. Therefore, after passing out of ILS, I applied to a few law firms and Senior Advocates in Delhi to begin my career in litigation, however, nothing materialised and I was forced to start my career from my hometown in Chhattisgarh. 

    In Chhattisgarh, I realised that although opportunities abounded, the learning curve was slow and Seniors did not take particular interest in teaching the nuances of the law to a young graduate. As such, at the advice of my peers, I left my practice in a year and joined Tech Mahindra in their litigation team in Hyderabad. Tech Mahindra had just taken over Satyam Computers at that time, which meant, being involved in several high stake litigations to deal with. I enjoyed my time at Tech Mahindra but since the goal was always to gain experience and come back to Chhattisgarh, I left that job within a year; pursued a Master’s Degree from the National University of Singapore; and founded Pransh Law Offices in Raipur in July 2016. 

    At Pransh, we believe in keeping things simple. We ensure that our drafts are prepared on time and there are no unnecessary adjournments in Court. We thoroughly research the legal issue involved before giving opinions. We are polite, we do not overcharge, and we keep our Clients up to date with the developments in their matters. We are a team of 11 lawyers who stand shoulder to shoulder in pursuance of holistic growth. We also often collaborate with other firms/lawyers to ensure the best possible outcome for our Clients. 

    Having pursued your LL.M. in International and Comparative Law from the National University of Singapore, how has your international education influenced your approach to legal practice in India?

    Studying at NUS for a year taught me to meticulously draft a legal document after extensive research. It helped me develop analytical skills, since at NUS, we were given reading material a week prior to lectures – where we were supposed to share our thoughts on the reading material. Other than that, the substantive law that I read there has not really helped me yet in my legal practice in India. In fact, a Masters does not really help in litigation, other than the skills one develops, and it is advisable only if academics is one’s calling.

    As a seasoned legal professional, you have extensive experience in high-value commercial disputes and advising clients in various industries. Can you share some insights into the challenges and rewards of practicing law in the domains of DDUGKY, Mining, Construction, and Infrastructure?

    In commercial disputes, it is important to know the business as much as it is important to know the law. These disputes are mainly governed by a Contract in writing, and therefore, a thorough understanding of the Law of Contracts is extremely important. 

    Early on in my practice, I got the opportunity to work on several low-stake commercial matters. Every matter had its own complexity where I made mistakes and learnt from them. Over time, it gave me the confidence to take on high-value commercial disputes; since there is no scope for making mistakes in high-value transactions. 

    One of the many challenges we often face in these domains is to quantify the damages that arise out of breach of the Contract. Courts, after Kailash Nath v/s DDA, have held that even Liquidated Damages have to be proved. Often, Clients – at least in a jurisdiction such as Chhattisgarh – don’t maintain their books of accounts properly to enable lawyers to quantify damages such as loss of profits and profitability. As such, a favourable Award / Order in such circumstances is always rewarding. 

    Pransh Law Offices covers a range of practice areas. Which area do you find the most fascinating or challenging, and why?

    As a firm, my colleagues practice extensively in criminal and civil law; however, I personally don’t have the temperament to practice criminal law. As such, I stick to commercial disputes only. 

    The fascinating part about commercial disputes is that they can be settled; there’s a quietus to the never ending litigation. I think lawyers have a substantial role to play when it comes to settlement, as they are the ones who initially inform their Clients of the merits involved in the matter. An honest opinion can help litigants make an informed choice whether to pursue the matter in Court or settle. 

    Your time with the Global Litigation and Arbitration Team at Tech Mahindra involved handling diverse cases. Can you share an interesting or unexpected challenge you encountered during that phase of your career?

    We were dealing with a litigation against Tech Mahindra in the Courts at Los Angeles, California, filed by a disgruntled employee who was sent Onsite from India. During discovery, we found documents against the employee; however, the legal costs, publicity, and risks of going through a jury trial forced us to settle the matter. It was then as an in-house counsel that I realised that litigation is not just about the law or proving who is right/wrong. There are many variables and considerations, such as costs, bargaining power of the parties involved, and attitude of the Presiding Officer of the Court, among others, that are to be kept in mind while dealing with a dispute. 

    Beyond your legal work, you’ve volunteered as a teacher with Make A Difference. How has your experience in community engagement shaped your perspective, both personally and professionally?

    During my time at Make A Difference, I was tasked with teaching English to a Class of 4 Juvenile Convicts in a Juvenile Home in Pune. Professionally, it was obviously a very enriching experience since it was hands-on learning on how the Juvenile Justice Act worked. Personally, it was an experience that made me culturally sensitive and socially aware. These Juveniles were some of the smartest 10-year-olds I met who were also grateful for the learning opportunity. It made me trust the reformative form of punishment. 

    You’ve been recognized for your contributions. Could you share a bit about any notable publications you’ve authored or awards you’ve received, and what those moments meant to you?

    I have not had the honour of receiving any of the prestigious legal awards.

    My last publication was a result of a sleepless night during COVID-19 graciously published by Bar & Bench on Access to Justice in the State of Chhattisgarh, which can be accessed here:

    https://www.barandbench.com/columns/access-to-justice-or-lack-thereof-in-the-state-of-chhattisgarh

    Although it has been a while since I have done any legal writing, I believe legal writing offers a unique avenue for the expression of creative arguments; which unfortunately, legal pleadings do not provide. Legal writing fosters a dynamic and evolving dialogue within the legal community. I regularly read articles published on “indianconlawphil” and “indiacorplaw”. I can only wish that my practice affords me time to write such enriching articles.  

    As someone deeply connected to Chhattisgarh, how do you perceive the evolving legal landscape in the state, and what role does Pransh play in contributing to that evolution?

    We have been making representations to the Government urging them to establish more Commercial Courts in the State as well as set up other Tribunals like DRT, NGT, and NCLT but to no avail. More Tribunals would mean more opportunities for Lawyers as well as access to litigants. It would also ensure the development of a Commercial Bar in the State, which is non-existent as of date. There is still a long way to go! 

    Beyond the legal realm, what are your hobbies or interests that bring you joy and relaxation outside of work?

    General interests in movies/music aside, I went for a 7-day trek to Har-ki-doon a couple of years ago, which got me hooked on trekking. I make it a point to go on a trek during Court vacations in summer. It allows me to be completely disconnected, reducing the mental strain associated with information overload. 

    What advice do you have for law students and aspiring lawyers who are navigating their way through legal education and considering a career in law?

    a) Politeness is an understated skill to possess; b) Don’t be arrogant, it reflects in Court, and no one likes to deal with an arrogant person – neither the judge nor the client; c) Try and make the job of the Court easier – submit brief written arguments with case compilations, whenever possible; d) Be patient, the learning process is slow; e) Don’t be hard on yourself. 

    Get in touch with Rishabh Garg-