Your experience includes working with renowned firms and handling diverse responsibilities. Could you walk us through your journey from your early career to founding Satyaki Legal, highlighting key milestones and experiences?
I am an advocate who started her career 8 years ago, in 2016. After gaining experience of working with senior advocates, I eventually started working as a partner with a firm and now 2 years ago, I started with my own firm, Satyaki Legal. When in my career, I had almost worked in the domains I wanted to practice in, run a team of my own, I believed I could start my own firm. We started in the last month of 2021, where from finding the firm name to getting the website and team members was done, we are now a humble team of 5 with an established portfolio of start- ups and corporates to manage and work with.
As the founder of Satyaki Legal, you’ve had the opportunity to work with both national and international clients. How do you approach building relationships with clients, especially in a field that requires a deep understanding of their business and creative assets?
From books to billboards, I believe in reading everything that crosses my path. To stay in the know has always been my thing- which forms a firm base of my communication skills. To constantly stay in touch with clients is also another thing that helps you understand their operations and the hurdles they face while conducting it. Being able to grasp a client’s work and their industry’s work culture can only be understood while being in touch with them on a 1-on-1 basis as well as having an open mindset towards their point of view.
Having worked with notable companies like Blinkit, McCain, and others, what are some of the most interesting or challenging projects you’ve undertaken in the realm of intellectual property, and how have they contributed to your growth as an IP attorney?
Intellectual Property has a lot to do with a brands’ market presence and the knowledge of the brand amongst the customers. The legal problems that I faced at that time weren’t simple textbook problems, they were dynamic in nature and needed understanding of the market/industry as well. So, whilst working with these Clients and some others as well, the mere textbook answers weren’t sufficient. There in that situation I learnt to develop a holistic point of view and also assess the legal problem and come out with resolutions accordingly.
With your extensive experience, you’ve worked on more than 500 trademarks, 50 patents, and numerous designs. Is there a particular case or project that you found particularly challenging or rewarding, and why?
Every project or case that comes up to us has unique challenges and they thus after getting resolved or completed do seem rewarding. But I remember this one particular project where an extant variety of plant had to apply for Protection of Plant variety in India which led to several visits to the relevant authority. Similar was the case where I had to apply for registration of a novel food under FSSAI provisions. There was one case where we worked on the terms and conditions of the sale by launching an e- commerce portal a day before because it was then that it was sent to us, one before the Launch of their Sale.
You’ve assisted numerous start-ups in strategizing their IP assets. How crucial is intellectual property management for start-ups, and what advice do you often find yourself giving to emerging businesses in this regard?
I keep telling this to start- ups and I can’t get tired of it, that first protect yourself and then launch yourself. We, often as start- ups are tired of just doing the operations and not launching the product or service. In this scenario, we do not consider IP important and go out and launch the product or service in the market. This also happens because we don’t very well recognise the IP that subsists in our key operations. So, I always ask them to take a pause, recognise their IP and first protect them/it and later on promote. This not only protects their work from being copied but also builds the trust of Investors.
Beyond the legal realm, we hear you’re involved in conducting webinars and seminars for IP awareness. What motivated you to take up this initiative, and what kind of impact do you hope to make through these sessions?
Thissubject matter of IP is really close to my heart and hence, ensuring that people know the correct forms of it as well. So, in one of my opportunities to conduct a webinar, I got a chance to deliver a presentation to kids of around 10-12 years. This opportunity was so interesting, with all the witty answers and some extraordinary questions that I was motivated to do more of it!! The only impact I seek to create is awareness as well as certain importance and respect towards Intellectual Property that one holds.
Balancing departmental operations, client engagements, and business development requires skill. How do you manage these various aspects, and what strategies do you employ to ensure a smooth workflow?
The only strategy we follow is to maintain dated notes, have clear start of day and end of day discussion along with weekly overview of tasks. Open communication, putting forth point of views within the team has been very helpful too.
Looking ahead, what is your vision for Satyaki Legal, and how do you see the firm contributing to the legal landscape, especially in intellectual property and media practice?
The vision of course, is to engage more team members and work with more people. In a year, the work and team growth has been as per my target and that’s what we aim to maintain. The mission is to also ensure that the subject matter which is dear to our hearts, Intellectual Property, is given due importance in each of the business operations that take place within an entity.
In addition to your legal expertise, we’re curious about your personal interests. When you’re not immersed in the world of IP law, what hobbies or activities do you enjoy to unwind and recharge?
I have varied interests like reading books. But in order to be stress free as well as lead a healthy lifestyle I do regular workouts (strength training in particular) and meet my friends and family. I am a kathak dancer too, and I take those lessons too, occasionally.
What advice would you give to law students aspiring to specialize in intellectual property and media law, based on your own experiences and the evolving nature of the legal landscape?
I would like to and I always do ask each of those students to simply read. Be well- read, know the market developments, read about brands, their marketing strategies, all of this trivia knowledge will ultimately help each one of them to understand the IP in all of these operations or industries I have told you about. Once that understanding is developed, to work in the realm of IP would not only be easy but interesting as well.
Sir, could you share with our listeners how you embarked on your journey in law? What motivated you to pursue a career in the legal field?
Infact, my current profession of being a litigation lawyer is my second avatar as a professional as I started my career as a Scientist/Assistant Professor of Physics at Delhi University and I still consider myself to be a scientist by training and education but a Lawyer by profession. I am a first generation lawyer with no direct or indirect background in Law till I completed my LL.B. My real-life experiences rather confrontation with Law and Law enforcement agencies and my quest for the justice to the common masses motivated me to make my career in Law. During my stint as Professor of Physics, I was quite captivated by the working of certain law enforcement agencies and other government Institutions under the aegis of Constitution of India and the interplay of the Legislature, the Executive and the Judiciary. Post my LL.B. from University of Delhi, I got shortly associated with the office of ASG, Government of India and AAG for the state of Rajasthan at Hon’ble Supreme Court, and thereafter, I started my own independent practice in the year 2012.
My cordial associations and relationships with my seniors at Supreme Court and other Courts helped me a lot in learning and developing the idea of litigation in a short span of time.
From your early career as a Jr. Associate at the office of the Additional Solicitor to become an Advocate-on-Record of the Supreme Court and to your current role as Senior Central Govt. Counsel, Counsel for DDA, Counsel For state of U.P. and several other PSUs including PNB & RFC and being lead and arguing Counsel for few big Corporate Houses like HAL Offshore, McDonald’s, Ultratech Cement, Binani Cement etc, you’ve navigated through different roles. How did these transitions shape your legal perspective, and what key responsibilities have defined your journey?
Though, I had very short stint as Junior Associate in the office of ASG, Union of India and AAG, State of Rajasthan but I had a lot of learning in those offices and that helped me develop basic idea of litigation in a short span of time and with almighty’s grace, I was also able to strike very cordial associations and relationships with my seniors colleagues as also officers of registry at Supreme Court and other Courts. After only 15-18 months of my Jr. Associateship, I got onto my own independent practice because I started getting a few independent assignments based on my basic understanding of Court Ecosystem. However, my relations with my seniors at Supreme Court, High Courts and District Courts/Tribunals helped me in perfect execution of those assignments, thereby getting the intended reliefs. This is how the journey began and since then I have never looked back.
I am practicing as an independent Litigation and Arbitration Lawyer since Aug’2012 at Supreme Court of India, Delhi High Court, Mumbai High Court & Other High Courts across India, DRTs, DRAT, NCLT, NCLAT CCI, CAT ( erstwhile BIFR & COMPAT) at New Delhi.
The key responsibilities include:
Drafting & Vetting of Pleading of SLPs, Writs, PILs, Suits, Original Applications, Securitization Application, Misc. Applications, Service Matter Petitions, Claim Petition, Counter Claims, Evidence Affidavits, Legal Notice, Reply/rejoinders and conducting Civil Trials and Appeals as also Arbitration matters.
Appearing in all Court proceedings before the Hon’ble Justices & Registrars of Supreme Court of India, Delhi High Court, Bombay High Court, CAT, DRT, DRAT, NCLT, CCI, COMPAT & SAT at New Delhi, Kolkata and Mumbai.
Well versed with SARFAESI Act’ 2002, Recovery of Debts due to Banks & Financial Institutions Act’1993, DRT Rules, DRAT Rules, Banking Regulation Act’1949, Banking Companies Act’1970, Companies Act’2013, Insolvency & Bankruptcy Code’2016, SEBI Act’1992, PMLA Act’2002, Information & Technology Act’2000, Arbitration & Concilliation Act’1996, Specific Relief Act, Registration Act, Contract Act, Specific relief Act, Civil Procedure Code.
Vetting of Contracts, Agreements, Licenses, Hypothecation, Mortgage & Conveyance Deeds.
I am regularly appearing and conducting Litigations before Supreme Court of India, High Court of Delhi & Mumbai, DRT- Mumbai, DRT Kochi, NCLT & NCLAT Delhi, NCLT Mumbai, High Court of Calcutta, High Court of Kerala at Ernakulum, High Court of Orissa at Cuttak for my clients. Apart from my appearances before the Courts, I am also representing many of clients in their Arbitration cases at Mumbai and Delhi. I am also a qualified Mediator and am empanelled as Mediator- at Supreme Court of India.
Your profile showcases extensive experience in Civil-Corporate Litigation, Arbitration, and White-Collar Crimes. How did you develop an interest in these specialized areas, and what challenges and rewards have you encountered along the way?
To be honest with you, as a first generation lawyer, you cannot be choosy as you have to run your show and household also. Therefore, during my initial years, I took variety of cases, which ranged from appearing before a Revenue Officer to going to Police Station or Human Right Commission. From drafting of criminal Complaint to drafting of Consumer Complaint. From drafting a Claim Petition for MACT to drafting a Claim Petition for Arbitral Tribunal. Doing almost all the work at Supreme Court/High Court registry myself. Took every assignment irrespective of its pecuniary rewards or forum or rigours with only one thing in mind that each case was learning experience and success at these cases boosted confidence and fostered new relations at different levels of hierarchy. Success in these small assignment perhaps got me noticed by my senior colleagues and few Corporate Heads and the insight, which I gained during these exposures lead me to convince my initial Clients with confidence. I started getting cases related to Banking and Recovery before DRT Delhi & DRT Mumbai and also erstwhile BIFR. After implementation of IBC regime, these cases took me to NCLT & NCLAT. These financial/ banking cases with big exposure values invariably involve criminal aspects of wilful default, siphoning off and diversion the funds, fraud or money laundering. Similarly Property disputes these days have intrinsically some criminal colour in form of forgery, cheating and Service matters may also have flavour of corruption involving PC Act. Thus, despite not exactly planning for venturing into a specific area of expertise, I gradually got specialised into these areas. The best reward and motivation to keep on moving in these areas of expertise was the pecuniary benefits and broad and global exposure to working of various Industries such as Cement Industry, Shipping Industry, Oil & Gas Industry, Minning Industry, FMCG Companies, Banking and Non-Banking Institutions, Event Management Companies, Hospitality Companies etc. However, the challenge is obvious, one needs to extensively study and understand working of each Industry so that one have an insight of practical execution of business in such Industry or Sector, secondly since stakes are high in these commercial matters, therefore there is constant pressure to outperform the routine practitioners and one has to keep toiling, traversing and translating the strategies into court room success.
You’ve represented significant industrial houses and corporations in high-stake litigation and arbitration cases. Could you share a specific case or accomplishment that you consider particularly impactful or challenging in your career?
There is not one or two but rather 4-5 cases, each in different domain of law, wherein my legal mettle along with personal traits of being lawyer was put to test. Out of 5, I succeed in three but lost in two but all 5 cases, I consider as most challenging and which left long lasting affect in my career journey. These cases gave me learning for lifetime and helped me to meta morph into a seasoned lawyer. It is difficult to describe the entire experience in this short interview but in hint, I can say that one matter was an arbitration matter against a big Corporate giant of this Country being represented through battery of senior designated lawyers. But as luck could have it, my grit and determination finally prevailed and the Tribunal went by merit and not by the stature of either the Corporate House or the Sr. Counsel. Another matter was a matter against a Head of top Government Institution, who had entangled a female employee in her service matters ostensibly, whereas in reality it was a criminal matter having contour of POSH and other criminal element. This Officer was being defended by a Sr. Counsel, who was from a family of Judiciary and exuded aura and confidence. Though, we had initial success, however his aura prevailed in later part. Finally our persistence paid and fortunately after 4.5 years this person was booked by CBI and taken into custody but not before we had filed several cases before several forums in 3-4 years unshakingly, unperturbed and undeterred by initial setbacks. The third one relates to a case before CCI & COMPAT, which gave me my entry into corporate litigation and again this was example of purely Out of Box thinking, wherein, we took advantage of legal technical loopholes to save 18.5 crores of rupees and to buy time to properly strategise our bankruptcy filling before NCLT, Kolkata. These instances lead me to believe in the famous saying- ‘ A lawyer never looses- either He Wins or He Learns ! ‘
How do you approach the unique challenges presented by different clients and Industries?
The first and foremost thing, which I do, is to understand and identify the core issue/dispute involved in the given case and the mindset of client and his desired goal. Thereafter, I make a fresh & unorthodox approach towards finding all the possible legal remedies available for the client and devise strategies with precision taking holistic view of the matter to suit specific requirement of the client but at the same time ensuring that each step involving the dispute resolution is in sync with the legal requirements. Most of the time it requires – ‘Out of Box thinking’ and Risk taking. At times, it involves working beyond clock hours and travelling to different cities and interacting with people from different walk of life. To have a clear and succinct understanding of an event or case, I meticulously study each transactions or step involved till arising of the dispute and thereafter take a practical overview of working of that Industry or Office to get nuances and peep into intention of the person or parties behind such transaction or dispute. Once I am clear on this, I devise a multi- pronged strategy to tackle the issue effectively and efficiently. In accordance to the strategy, the steps are legally executed to get the intended result. So far it has given me success@85-90%. I do not believe in misleading a client or over stating before a client and therefore adopt a pragmatic approach towards the dispute resolution. I am a firm believer of settling dispute through ADR mechanism especially in commercial disputes and that also makes a client to trust my bonafide. In order to understand financial jargons, nuances and technicalities with more clarity and in order to empower myself with a knowledge, wherein I could not only answer to the Court Room queries but also to Board Room queries, I did Executive Program in Business Finance ( (EPBF)from Indian Institute of Management, Ahmedabad.
Given your rich experience, what advice would you offer to fresh law graduates who are about to embark on their legal careers? Are there specific skills or mindsets you believe are crucial for success in the legal profession?
Rather than advising, I shall prefer to share my experience which itself comprises of experiences of several associates of mine. Here, I would like to mention three things that I have learnt in the process. Firstly, during the initial phase of your career, give most of your time in learning the methodology of doing things, like how are the things being done. Understand the ecosystem in which we work. Learn and understand what is the ecosystem of the District Courts, the High Court, the Tribunal and the Supreme Court. Nobody can learn that ecosystem in such a short span of time therefore you need to have patience and perseverance and an undying attitude for exploring and learning. You need to understand what is registry, what is court master, what is cause list, what is the interplay of various officers in the court, what is the roster, how is filing done in registry, what is the defect curing technique, what is criteria for listing and how are matters listed and more. People think that every day when a case is listed, it is listed for the argument. No, it is not true. On a given day, a matter may be listed only for limited purpose of notice or for limited purpose of arguments or for a limited purpose of compliance. Therefore, we need to understand as to what is required for us to learn during formative years and than learn them effectively.
Secondly, as a law student or young lawyer, you should try to learn things other than the law itself. You need to read and understand polity, history, sociology, economics and finance but not in theoretical sense but the news part or the part of it actively influencing day to day life. You need to read news, you need to read technology. You need to read several other things more than the core law during these formative years.
Thirdly, as a law professional, your connections and relations with people from several walks of life help you in securing cases and to effectively tackle it. Thus you need to forge and curate your relationships and connections with outmost sincerity and caution during these formative years. Even today, I seek guidance and help from my seniors and my cordial relations with them have helped me a lot in advancement of my career.
In crux, I intend to say that litigation is not just about researching or presenting arguments before the Courts. There is some basic homework which as lawyer you do before arguing your case or presenting your case in the Court on a given date. Now those requisite skills cannot be learnt in the law school but only during your exposure with the Court Eco-system. Moot courts can definitely hone your researching and arguing skills but devoted internships and association as Junior Advocate with right mentor/ senior associate and your personal capacity to grasp things by observing and studying can help you take large strides. Mastering your drafting skills, client handling skills, communication skills and system management, makes you a wholesome lawyer. We, as established advocates always look up for competent juniors with good skills and traits. Learning law in the law school and its application in the real life court scenario with efficiency and effectiveness can help you become excellent litigation advocates of tomorrow. Learning the process and procedure is the key.
Devotion, perseverance and consistency along with right approach will make one sail through it. Ultimately, it is one’s own hard work and patience that pays. Keep on learning each day. Even as an established advocate, I still thrive to learn each day.
Your journey reflects a unique blend of legal excellence and entrepreneurship. As a first-generation advocate, how did you decide to carry forward the legacy of your late grandfather, an Honorable District Judge, and establish Amicus Legal Firm and Consultancy LLP?
I am a follower of law and so was my Nanaji, but with a prolonged illness of dementia and then his demise, my Grandfather left me to forego my legal career as my journey. To which I took it as a challenge and A will to serve the nation through the law. This gave me a vision to enact and carry forward the legacy of law through a different medium which included both entrepreneurship and Advocacy. My entrepreneurial spirit craved innovation, a desire to bridge the gap between legal acumen and real-world solutions. It was then that Amicus Legal Firm & Consultancy LLP took shape in 2019, with my Partner Amol Chitravanshi AOR– a firm built on the unwavering principles of legal excellence, infused with the dynamism and client-centricity of a modern consultancy. We registered our offices in Delhi NCR and commenced our journey of Advocacy in Supreme Court litigation and other country courts. Things come up as challenges when you become a First Generation Advocate, but at the same time makes us proud to be going strong at this young age of not even 30 yrs. Each challenge makes us stronger and much more learned than before, so now we become some of the few law firms in the country delivering legal services beyond the courtrooms. AmicusLegal Consultancy LLP isn’t just about winning cases; it’s about forging partnerships with clients, understanding their needs, and crafting custom-tailored solutions. We go beyond legal counsel, offering strategic guidance, risk management expertise, and proactive solutions to navigate the complexities of the legal landscape.
Beyond your legal practice, you’re the Co-Founder and Managing Director of Amicus Legal Firm and Consultancy LLP. What led you to venture into entrepreneurship, and how do you balance your roles as an advocate and a business leader?
It is not wrong to say that the legal profession is not easy for females. There is a hustle every day. During the initial years, I faced a lot of bias from my seniors who through different means let my motivation down. Especially in States like Uttarakhand, UP and Delhi, the mindset of Seniors is not very progressive for Women lawyers, especially those with no background from the same industry. But this did not stop me, this gave me the motivation to have an enterprise of my own. While advocating for clients in a court filled me with purpose, a part of me craved the challenge of building something, of shaping a space where legal expertise could transcend the confines of traditional practice and truly empower clients. This dream came true, when I and my firm’s Co-Founder Amol Chitravanshi Advocate -on- Record (AOR), who was my batch mate in law school, decided to have a law firm of our own. This was a very challenging journey for both of us, as we both do not belong to the family of advocates in fact both-of us were first-generation lawyers but together came up with a goal of a new-generation law firm in India, which was not just stick to court works but aimed in delivering all kind of legal services to the society. In a short span of 4 years we could achieve, make our presence in elite cases across the High Courts and the honorable Supreme Court.
My motivation is my will to deliver the society through law which helps me keep creating a balance in practical approach and legalities in the society. My journey of becoming woman entrepreneur and balancing roles as an Entrepreneur and Advocate could not have been possible without the support of family, close friends, efforts of my Team at the workplace and especially My Partner Adv Amol Chitravanshi, as we worked towards a common goal of uplifting the society and a positive and a constant vision of uplifting the legal industry and giving it a new face. AmicusLegal allows me to extend my impact beyond individual cases, shaping a legal landscape where accessibility, innovation, and client empowerment take centre stage. And that, for me, is the true reward – the satisfaction of building a legacy that extends far beyond the walls of the courtroom.
Being a certified and recognized woman entrepreneur, you’ve achieved certifications from IIM Bangalore and the National Commission for Women. How has your entrepreneurial spirit influenced your approach to practising law, and what challenges have you encountered as a woman entrepreneur in the legal industry?
It was challenging to understand the essentials of growth for women at a workspace, due to a patriarchal society. women, though being talented, have been somehow suppressed over the years. But It was in 2021, luckily I got an opportunity to enrich my expertise when the very first time Indian Institute of Management, Bangalore in collaboration with the National women commission of India conducted A Women’s entrepreneurship Course, in which I was selected on merit and was offered a fully funded course after which I was entitled with the tag of woman entrepreneur by IIMBx. The impact of this course from the Indian Institute of Management Bangalore was crucial for me as a female entrepreneur, I was able to recognise the importance of women entrepreneurs in India not only on the social front but also on the economic front for the country. I was inspired by all the women who were actively participating in different fields which also helped me have a vision of a clear progressive career ahead in life and face different challenges that women go through in their daily lives, but the course helped me enrich my self-belief and confidence. The legal industry, like many others, is not devoid of its gendered challenges. Being a woman entrepreneur in this space has meant navigating. After this, not only did I train women for their entrepreneurship journey but I also awarded them with certification which was of utmost importance to them and their career ahead.
The journey hasn’t been easy, but it has been deeply rewarding. I’ve learned to navigate the intricate dance between advocating for my clients in the courtroom and leading a dynamic legal firm. Through it all, I’ve remained committed to empowering other women entrepreneurs and redefining what it means to be a successful woman in the legal field. This educational qualification also helped me to understand the challenges as a women entrepreneur in India especially in the legal industry where even today there is a lack of professionalism and gender bias when it comes to female advocates, but evolving each day helped me achieve the desired goals over the time and the journey is still on.
Apart from your legal pursuits, you are a national medalist in pistol shooting and a certified mountaineer. How do sports and outdoor activities contribute to your personal and professional life? How has this experience influenced your approach to challenges, both in your professional and personal life?
I have been a believer and promoter of sports all my life. The world of sports and outdoor activities offers me a different terrain for challenge, growth, and a unique perspective on overcoming obstacles. My national medal in pistol shooting and experiences as a certified mountaineer has instilled in me qualities that extend far beyond the physical feats, shaping both my personal and professional life in profound ways. They equip me with the resilience, adaptability, focus, and leadership skills that empower me to navigate the challenges of the legal world with greater confidence and a sharper perspective. They remind me to celebrate the journey, find solace in the stillness, and approach every obstacle with the unwavering spirit of a mountain climber, always aiming for the summit, be it in the courtroom or on the next personal Everest. And in this ongoing journey, the lessons learned on the shooting range and the slopes of the mountains or in any field will forever remain my compass, guiding me towards a future of success, fulfilment, and, most importantly, a relentless pursuit of the next peak, both in the courtroom and in life. Your involvement with Apoorvarambh Foundation and various NGOs showcases your commitment to social causes. Could you share a memorable experience or initiative that had a significant impact on the lives of individuals or communities you’ve worked with
My commitment to social causes finds expression through my collaborations with the Apoorvarambh Foundation and various NGOs, allowing me to use my legal expertise to make a tangible difference in the lives of individuals and communities. One such experience, etched forever in my memory, resonates with the transformative power of law intertwined with social service.
I have been actively involved in Prisoners’ Rights and activism through it. Not just ensuring Mental health and value for life, we also conduct different types of literacy events, entertainment events etc to make them feel connected to life and living. Apart from this, I encountered a community grappling with the aftermath of cybercrime, Child Sexual Offences, Youth Development, and Education etc., Young lives were devastated by both online and offline stalking, financial fraud, and the emotional scars of abuse. Witnessing their despair ignited a fire within me, a determination to utilize my legal knowledge to empower them. We identified cases where individuals had been physically or emotionally traumatized. Under my NGO we undergo various disciplines of education and provide wholesome education for living eg. Mental health precautions, financial security, Hygiene, Adolescent Development, Art and Culture awareness, Career guidance etc. I took the cases pro bono, navigating the complexities of crime legislation and fighting for compensation and accountability against perpetrators. We also conducted awareness sessions and literacy sessions in Rural India, helping them give some value addition to life and empowering individuals to navigate the complexities of the world around them.
One of my such experiences was when a minor girl was sexually assaulted and her Miss-fortune was that her mother was not able to support and fight with her for her justice. It was then that we stood and fought to the best of the US and provided justice to that family and that minor girl. To which, I under Apoorvarambh Foundation NGO have made a short film on Child Sexual Offences which is around the corner to be telecasted soon.
As a legal educationist and awareness trainer, specializing in POCSO and Juvenile Justice, how do you approach educating underprivileged women and children on legal matters, and what motivates you to contribute to their empowerment?
It’s not just about legal knowledge; it’s about fostering a sense of dignity, self-worth, and the belief that they deserve justice. Through education and awareness, I hope to contribute to a society where underprivileged women and children are not just protected by the law, but empowered to claim their rightful place and live lives free from abuse and injustice. As a legal educationist and awareness trainer specializing in POCSO and Juvenile Justice, my approach to educating underprivileged women and children on legal matters is built on understanding and empowerment. I try and simplify complex concepts using local languages, everyday examples, and interactive activities. Storytelling, role-playing, and visuals become powerful tools to demystify laws and empower individuals to recognize their rights. I work closely with NGOs, community leaders, and local authorities to raise awareness, create referral networks, and ensure access to essential legal and psychosocial support services.
My motivation? Witnessing the spark of understanding in a child’s eyes, the newfound confidence in a woman’s voice, or the courage of a survivor seeking justice – these are my rewards. Knowing that my work empowers individuals to navigate complex legal systems, access their rights, and seek redressal fuels my passion to keep doing more.
Your media presence is notable, with appearances on national platforms, national media and news channels.” How do you use these platforms to bring attention to important social issues, and what topics do you find most crucial for public discourse, through being in the legal industry?
The legal industry isn’t just about interpreting statutes and winning cases. It’s a powerful platform for advocating for societal change and championing vulnerable communities. My national media presence has become a valuable tool in this mission, allowing me to amplify crucial social issues and spark actionable conversations. Not just my episodes of “Reality check with Adv Trishla Malik” on Facebook, but my inputs on National Media like Times of India, News18, Amar Ujala, Sahara Samay, Bharat Express etc, gravitate towards areas where access to justice is skewed and public awareness can bridge the gap. I use these platforms to demystify the legal system, making it more approachable and empowering for the public.
Championing ethical practices in the society. The legal profession isn’t immune to ethical lapses. I use my media voice to hold the legal system accountable, highlight issues like corruption or judicial bias, and advocate for reforms that uphold the integrity of the justice system. This is what drives me to keep using my platform as a lawyer and media figure – to ensure that the law doesn’t just serve the privileged few, but becomes a tool for empowerment and a catalyst for positive change for all.
You’ve been recognized with numerous awards, including the Professional Excellence Award by FICCI Ladies Organisation. What achievements are you particularly proud of, and how do these accolades motivate you in your multifaceted career?
Ans. I have been an achiever since a very young age not just in academics but I have been a national medalist in sports and have won multiple awards in all aspects of life. In a profession as demanding and competitive as the legal field, recognition isn’t just an honor; it’s a vital source of fuel for the long journey towards justice. While I’m humbled to receive multiple accolades like the prestigious Uttarakhand State Achiever award, the Women Influence Award by multiple organisations, International Medals, the Professional Excellence Award by FICCI Ladies Organisation etc., true pride lies in the tangible impact my work has on communities and individuals. But foremost, Witnessing the relief and empowerment in the eyes of a client who finally found justice after years of fighting against abuse is a feeling and accolade unmatched. My professional fulfilment doesn’t stem from awards, but from the privilege of witnessing lives transformed and justice served. Every case taken and every case won, every policy reform achieved, every community empowered through legal awareness – these are the real treasures, the true markers of success in a multifaceted legal career.
Having received national recognition and awards for your socio-legal awareness training, what advice do you have for young lawyers aspiring to make a positive impact on society beyond their legal practice?
My national recognition for socio-legal awareness training highlights a crucial truth: a lawyer’s impact can extend far beyond the courtroom. For young lawyers passionate about making a positive change, here are some nuggets of wisdom gleaned from my journey:
Champion a Cause: Find a cause close to your heart, something that ignites your passion and compels you to act. Immerse yourself in the issue, connect with grassroots organizations, and understand the legal landscape surrounding it.
Advocate Beyond the Courtroom: Public education is key to driving societal change. Organize workshops, participate in panel discussions, or write articles raising awareness about your chosen cause. Use your legal knowledge to break down complex issues into digestible chunks for the public, empowering them to advocate for themselves and their communities.
Practice Self-Care: Advocacy can be a demanding journey. Prioritise your well-being by setting boundaries, managing stress, and seeking support from your network. Remember, a burnt-out advocate cannot create sustainable change.
Celebrate Small Wins: Don’t wait for landmark victories to celebrate. Acknowledge the incremental progress, the lives touched, and the voices amplified. Every step you take, every positive change you achieve, is a testament to your commitment to making a difference.
Can you tell us about your journey and how you ended up pursuing a career in law? What motivated you to choose this profession, and did you always envision yourself working in diverse areas of law?
The first time I studied the Constitution in school, I was amazed that a single ‘document’ defined our nation, government, laws, freedoms, rights, duties, everything. This got me very interested in the law. As I grew up, becoming a litigator became my default option. Although I was open to exploring other options, nothing else has ever appealed to me.
After graduating from law school, I was keen on exploring diverse areas of law. In the first few years of my profession, I decided to join law firms that would give me opportunities in as many areas of law as possible. Litigators are always advised to start out at the trial court. So, I joined a firm where I was part of a team handling civil and criminal matters at the trail court.
In the first five odd years of my career, I was able to gain experience in civil litigation, criminal litigation, arbitrations, regulatory litigation, company litigation, intellectual property matters, consumer matters, tax matters etc. Working in diverse fields in the initial years kept me motivated and gave me the confidence to take on any kind of matter. Even now, having a diverse portfolio of work not only keeps me motivated and excited but also enables me to provide clients with comprehensive and practical advice.
With over 15 years of experience in civil and commercial litigation, arbitrations, regulatory litigation, and criminal litigation, you’ve had a rich and varied career. What would you say has had the most impact on your professional growth?
The most memorable and impactful experience for me has been working with excellent seniors, colleagues, and clients over the years. Any complex litigation is always a team effort. Litigation teams mostly work long hours in close quarters. They see each other’s good sides and bad. They challenge and push each other every day. This team dynamic is crucial for every litigator and perhaps plays the most important part in forging your skills.
Your work seems to span across numerous sectors, from Infrastructure & Real Estate to Banking & Finance to Information Technology. How do you manage to stay well-versed in such diverse areas of law and provide effective representation to clients in each domain?
It is not only important to identify the areas of law that interest you, but also the areas of law that you have an aptitude for. Once you identify these areas, you need to dedicate some study time every day. I feel that the best way to understand an unfamiliar area of law is to read judgments. I try and read every judgment passed by the Delhi High Court and the Supreme Court in the areas of law that I practice in. It takes a lot of time and discipline, but the insights that you gain are invaluable. Other than that, there are so many good resources to keep yourself updated these days. It is also crucial to meet your clients and other experts in the field and understand the latest developments and issues being faced by them.
Arbitrations seem to be a prominent part of your practice. Could you walk us through some of the challenges in handling arbitrations and how you successfully navigate them?
One of the major reasons that parties choose arbitration is to free themselves from the procedural rigors of civil procedure. The irony is that arbitration procedures have become more and more complex and unpredictable with time while civil procedure is becoming more and more streamlined. The law of arbitration is ever evolving, and legal positions flip every now and then. The recent judgments on Stamp Duty and Arbitration Agreements are a case in point. Therefore, it is very important for an arbitration lawyer to be updated on the present legal position and to anticipate future issues. Failure to do so can land your client in endless procedural hurdles which can take years to resolve.
Apart from procedural issues, arbitrations are very fact intensive. For instance, high-stake infrastructure arbitrations normally relate to projects that have taken three to five years to execute. These arbitrations usually involve some technical and scientific issues. There is usually an immense amount of correspondence, records may be scattered, or unavailable, key personnel may have left and so on. Therefore, it is very important for an arbitration lawyer to master the facts to a greater degree than may be required in other proceedings. You need to put yourself in your client’s position and understand the situation that prevailed on the ground. Unless you do this, you cannot present the facts in perspective and ultimately, you will find it difficult to build upon your legal submissions.
You’ve also represented clients in proceedings under the Insolvency and Bankruptcy Code. How do you approach these cases?
The IBC is certainly a work in progress and there are several challenges for every stakeholder. Promotors and Corporate Debtors would say that the law is draconian; Financial Creditors would say that they are frustrated with significant costs, delays, and haircuts; Operational Creditors would say that their interests are not adequately protected; Resolution Applicants would say that they do not get the clean slate that they paid for; the Government and Regulators would say that their claims are being undermined; the Tribunals would say that they are flooded with thousands of petitions and do not have the infrastructure they need.
While representing clients in IBC matters, your approach depends on the needs of your client. When representing Creditors, your goal is to get the petition admitted expeditiously. On the other hand, when representing Debtors, your goal is to oppose the admission of the petition or at least provide your client some time or leverage to be able to negotiate a favorable settlement. Representing Creditors and Debtors has its own challenges, but like any litigation, implementing a winning strategy requires preparation and experience.
Representing clients in commercial disputes is undoubtedly demanding. What does it take to be a good commercial disputes lawyer?
Commercial disputes are very aggressively litigated because of the financial stake involved. When the stakes are high, there is absolutely no scope for any weakness or mistakes. Your pleadings and arguments need to be perfect and precise. Achieving this level of perfection is not easy unless you are willing to work towards it. To handle commercial disputes effectively, you need to have a certain degree of business acumen and a good understanding of the industry. Apart from this, you need to have a strong grasp of contract law and procedural law. Your is not only to resolve the dispute, but to do so as effectively and efficiently as possible.
Besides litigation, you have extensive experience in advisory work, providing opinions on commercial contracts, regulatory matters, environmental protection, and more. How do you balance the responsibilities of advisory work with the demands of litigation?
Balancing litigation and advisory can be challenging at times, but both complement each other. I believe that you can give your clients better advice if you have experience of litigating similar issues in court. Similarly, you can represent your clients better in court if you have been part of the transaction at the implementation stage. For instance, while reviewing a contract, a litigator can provide a new perspective on liquidated damages clauses, limitation of liability clauses, non-compete clauses, dispute resolution clauses and so on. Similarly, if you have advised your client when the contract was being negotiated, you have a better understanding of the transaction and the intent of the parties and can provide better representation should the matter go into litigation.
In your secondments with GE India and Wrigley India, you took on in-house roles. How did those experiences differ from working in a law firm, and what insights did you gain from those roles?
There is a world of a difference between working in a law firm and working in-house. The expectations and requirements are very different. Both have their own advantages and disadvantages. To succeed in either role, you require the same basic legal skills, but you apply these skills very differently. The common thread is that, in both cases, your job is to protect the interests of your client. When you are in-house, you have only one client and when you are working in a law firm you have multiple clients. If you understand this, you can easily transition from one role to the other.
Working in-house for some time in the early parts of my career gave me great insights into what in-house legal teams expect from their external counsels. I also understood the day-to-day challenges that in-house legal teams face. This is something that many external counsels do not even consider. At the end of the day, we are providing a service to our clients and understanding their challenges and expectations is crucial.
As an accomplished professional with years of experience, what advice would you give to fresh law graduates who are just starting their careers in the legal field?
The cliché advice about hard work and constant learning holds true without exception. Apart from this, fresh graduates should seek out good mentors and actively build a strong professional network.
Could you please walk us through how you initially decided to pursue a career in law, and what motivated you to specialize in Intellectual Property (IP) Litigation?
As a first-generation lawyer, I leaned heavily on mentors to guide my path. Initially, my academic inclination was towards science during my 11th and 12th standards. However, an unexpected meeting with a seasoned lawyer (who turned out to be my first mentor in the field) at a family gathering shifted my perspective. He illuminated me on the vast horizons and multifaceted opportunities that were offered by the legal profession (beyond its cliché portrayal in popular media).
While law school introduced me to a plethora of intriguing subjects, it was Intellectual Property (IP) that resonated the most with me. A defining moment came during an internship when a senior partner posed a thought-provoking question: “Why specialize in IP?” My response: “If it is not new or novel, it is not IP and if something is new or novel on every turn, it is always interesting and worth specializing in”.
Further fuelling my interest were dedicated professors, particularly in IP and CPC, who recognized and nurtured my enthusiasm. Their encouragement and insights solidified my decision to specialize in IP Litigation.
Your career has taken you through notable firms like Remfry & Sagar, Khurana & Khurana, and now Shardul Amarchand Mangaldas. Could you share the pivotal moments and experiences that shaped your journey in the field of IP law?
Every step in my career, from drafting my first legal notice to my first court appearance, has been a significant learning opportunity. One particularly memorable matter involved a client alerting us about an imminent shipment of counterfeit goods destined for India within just two days. The urgency of the situation warranted immediate actions: identifying the shipment, liaising with Indian Customs offices, and swiftly filing a lawsuit seeking injunctive relief in Court. Those intense 48 hours, while challenging, imparted invaluable lessons in handling time-sensitive IP matters.
Working at a full-service law firm like Shardul Amarchand Mangaldas has further enriched my professional journey by providing me an opportunity to work and interact with experts from diverse legal domains. This experience has further honed my ability to perceive and cater to client’s expectations from a holistic standpoint.
Having handled diverse aspects of IP, from drafting pleadings to appearing before various courts and tribunals, what aspects of your work do you find most challenging and rewarding in the realm of IP litigation?
Legal profession is a continuous journey filled with multiple learning opportunities. Reflecting on my early internship days, I recall discovering quicker methods to navigate court files during time-sensitive situations. Drafting intricate pleadings in complex cases was initially daunting during my early professional years. I vividly remember the apprehension of my first solo court appearance; the nerves were palpable. However, with each challenge encountered, I recognized them as important learning milestones that made me the lawyer I am.
In the realm of litigation, the most rewarding moment is undoubtedly when a favourable order is pronounced. All the hard work and preparation culminating in a successful result is profoundly gratifying.
Your profile mentions engagement in business development activities, including client meetings and conferences. How do these activities contribute to your professional growth, and what role do they play in enhancing your practice in IP litigation?
Engaging directly with clients through meetings and conferences is fundamental in any client-centric profession. It’s essential to grasp the intricacies of a client’s business, their specific needs and to accordingly offer tailored solutions. Through these interactions, one can gain deeper insights into the challenges clients face, especially in IP disputes.
For example, while some clients might prefer a more diplomatic approach to resolve IP disputes through legal notices or mediations, others might seek immediate legal action to safeguard their IP, perhaps on account of the potential impact on their business. By actively participating in such engagements, one can better align their strategies and advisory to suit the unique requirements and preferences of each client, ensuring a more effective and personalized approach to IP disputes.
You’ve conducted training sessions for clients on IP laws. Could you elaborate on the importance of client education in the field of IP and share any specific challenges you’ve encountered in helping clients navigate intellectual property issues?
Often, the primary focus of clients is on business growth and revenue generation, sometimes overlooking the critical aspects of IP protection. For instance, we have often seen clients approach us to enforce their design registration, only to later discover that they’ve been using the design for years prior to filing the design application. In such cases, we have to inform them that their design registration might be vulnerable for cancellation due to prior self-disclosure. In these situations, design registration certificates may be nothing more than a toothless paper.
This underscores the vital role of client education. By proactively educating clients about the nuances of IP and the associated timelines, one can prevent potential pitfalls. It’s essential for businesses to recognize that robust IP protection is integral to their long-term success.
You’ve appeared before various specialized tribunals and high courts in India. How does your approach differ when dealing with IP matters in these forums compared to more traditional court settings, and what skills do you consider crucial for success in such specialized areas?
In specialized IP forums, there’s a heightened awareness and appreciation for the technicalities revolving around the field of IP, which often results in more streamlined communication and understanding of complex issues. This environment is conducive for IP practitioners, making it important for them to remain updated with the latest developments in the IP landscape. Unlike traditional court settings, specialized forums demand a deep understanding and familiarity with both domestic and international IP trends. Therefore, staying abreast of advancements in IP not only enhances an IP lawyer’s credibility but also equips them to leverage the unique opportunities presented by these specialized forums.
Your academic achievements include gold medals, debate/moot wins, and publications. How has your academic background contributed to your success in the legal profession, particularly in the specialized field of IP law?
During my time in law school, every academic experience was crucial for learning skills that are requisite for becoming a successful lawyer. Participating in debates and challenging moot court sessions didn’t just help me in honing my oratory skills but also taught me how to work in a team. On the other hand, writing research papers on interesting IP topics deepened my understanding of the subject at a jurisprudential level.
While I didn’t realise it then, each activity wasn’t just an academic exercise or an assignment, it was a step towards understanding the legal world that was awaiting after 5 years of law school.
Drawing from your experiences, what advice would you like to share with law graduates who are just beginning their careers, especially those interested in pursuing a specialization in IP law? Are there any lessons or insights you wish you had known when you started your journey?
Of late, IP practice has become more lucrative and is attracting numerous law graduates to specialize in this domain. While the rewards of this practice are undeniable, I believe it is important for law students and young professionals to determine if the subject truly resonates with them. Engaging in IP internships or dedicating time to study and write about IP can offer some clarity in this regard.
Reflecting on my early days in the IP practice, I recall focusing all my energy in understanding the developments in and around the field of IP. While this approach enhanced my understanding of the subject, I inadvertently overlooked developments in fields outside of IP. Over time, I realized the value of maintaining a balanced perspective, acknowledging that while specialization requires depth, a holistic understanding of law across domains is invaluable.
We are extremely delighted to have you with us for this interview. Can you please introduce yourself, highlighting your journey from the establishment of AKS Law Associates in 1999 to becoming a prominent figure in the Indian legal fraternity?
I was in the computer field back in the mid-nineties. Back then, I used to occasionally accompany my folks to meet with lawyers, either seeking advice or to engage them in a matter. It was a learning curve, to understand the complexity of law and/or that it was near to impossible to have a clear vision of the road ahead. So, on the one side, I was professionally engaged in the computer field wherein we were promising solutions for business enterprises with a certain amount of predictability, efficiency and transparency whereas, the real-life legal problems had the dusty road ahead. Intrigued, I studied law. Fascinated by the subject of law and its complexity, I started my independent legal practice after training for about a year under my senior. For the first 10 years or so, I was predominantly engaged in chamber practice by advising clients in general corporate law and especially in Real Estate law. After 2009, I started attending Courts regularly and have been conducting matters before courts and tribunals across India. I have had the good fortune of appearing before the Supreme Court of India. There have been interesting cases addressed by me before International Arbitration Tribunals and the High Courts of Delhi, Bangalore and Chennai. As far as possible, I take instructions directly from the client and 9.9999 on 10, do not engage any Senior Counsel. I insist that my young colleagues in office must conduct a trial/argue a matter before the High Court. As far as possible practically, adjournment is not an option in our office. We have a small practice and keep a close connection with our clients. If we do not meet the client’s expectations, we own up to our shortcomings and do not pass the buck. What we try to do, in our first meet which is on the house, is to give the client a road map of their case’s journey to set expectations.
Your areas of practice range from international arbitration to corporate advisory. How do you navigate the diverse challenges posed by different legal domains, and what aspects of your practice do you find most fulfilling?
Every case is unique. I do not take up any matters concerning matrimonial disputes, service matters, direct and indirect tax. A client wants to hear the problem first and the solution thereafter, especially when it comes to corporate advisory in agreements. Due to our varied experiences in litigation, we can quickly identify the potholes and crossroads in an agreement and the challenges that may come up. Clients weigh in on our experiences in litigation to assist them in identifying clauses in an agreement that may be problematic and also offer solutions when such problems do arise. As we work very closely with clients and the owners/ top management we have some understanding of their businesses and what they expect out of a dispute. Once we have clarity as to what is a client’s expectation, then to advise them on the legitimacy of their expectations or what would be the best outcomes is quite straightforward. We do not take up a case that we do not feel that we can address. The broad spectrum of cases we take up is because we are confident that we can address the issue in the matter. This is backed by painstaking research and understanding as to what could be the possible outcomes. If it’s an untrodden field, we take a reasonable lead time and tell the client that we lack prior experience in the matter. Quite often, clients come to us in areas we have never worked with to consider if we would approach the matter differently and many a time this has worked well for the client.
Your commitment to pro bono cases and public interest litigation is commendable. What drives your passion for social justice, and Could you share a memorable experience where your legal expertise made a significant impact on social justice or community welfare?
India is a land of plenty of everything. For over a decade, I have chosen to provide free legal services for economically weaker persons and work towards creating an efficient legal structure in solid-waste management. There are many anonymous Indians who do a lot, yet they do not find a place on the newsfeed and they are not interested either. When we take on a pro bono case, the client gets equal treatment as a paid client. I believe that every legal professional must extend themselves to the community/ persons who need them the most. When you go and have a meal with a person who has had a legal closure of their case and you have had a small role in it, the satisfaction you get is much more than being paid by a corporate. I had a client who came to me with a matter where he had signed an agreement at terms that were patently unfavourable to him and he was forced to sign up for a song, he was in financially difficult circumstances and there was a good possibility that his land was going away. After being turned down by many prominent lawyers, he came to me. I confessed that I had no prior experience in dealing with the matter but I would put in an effort if he agreed. The matter was argued by me successfully from the Trial Court up to the Supreme Court and the client ended up with a fortune.
Your profile reflects a multifaceted personality with diverse interests such as equestrian sports, chess, running, yoga, and continuing education. How do these passions contribute to your life?
You have one life, live it and enjoy it to the fullest! I do enjoy exploring my mind and my fears. Many of my decisions have been taken after a long ride with my horse, Ziggy. The best place to be in the world is on horseback… ride one to know it. Playing chess at school helped me to be patient and analyse people’s moves. Chess is such a challenging game and no two games of chess or players are the same. I tried to be fit and I started yoga to experience my inner and external journey of mind, body and soul, with my teachers at the Iyengar school. Learning is a lifelong process and learning for me is to improve my mental gym.
Upholding the highest ethical standards is a hallmark of your practice. How do you ensure transparency for clients and fairness to opponents while navigating complex legal matters?
Character must not change. You might get a good reputation if you win many cases, which may not be true if you lose many. It’s about being honest to yourself and respecting yourself by asking what would you want as a client, opponent or colleague for that matter. I would always be ready to apologize to anyone if I have made a mistake or hurt someone. Etiquette to your client opponent and colleagues is not limited to good language skills, it’s about being clear and laying all cards on the table. This helps you to have a committed client and respect from your opponent and colleagues. It is very important to note that while you may not be aware, others observe you and learn from your good and bad. Therefore, it does not cost anything to be a good human being, so why not?
Your legal outreach initiative focuses on creating legal awareness and education in local communities. What inspired you to take up this initiative, and how do you see it making a difference in the lives of people?
Many decisions are because you do not know your rights. We spend time educating and creating legal awareness in communities to enhance people’s knowledge about their rights which would help them in making decisions. Some of the most basic legally binding decisions that stare you in the face, are because you did not know better. I have seen this at home. As we come from an army background, going to lawyers was not naturally a done thing unlike how businessmen utilise the services. My folks have had to suffer serious hardships because they were not informed of their legal rights. This has always been in the back of my mind. Therefore, as promised early in my career as a lawyer, I have always been engaged in legal awareness with communities, senior citizens and lonely parents.
You actively mentor younger lawyers to expand access to legal services. How do you approach mentorship, and what advice do you offer to aspiring lawyers entering the legal profession?
I refer to all lawyers as colleagues. Once a lawyer has a license to practice we are all equal. The same lawyer younger in age may turn out to be a judge before whom we have to appear and say ‘M’lord’. That’s the most interesting part of the legal profession, there are no limits as to what you can achieve. It is only dependent on you. If you want to be a paper pusher or adjournment lawyer – you can. Or, if you want to be a Palkhiwala – you can. I spend and invest a lot of my time with my colleagues, running through their cases and preparing them for the matter by reviewing drafts, and agreeing on approaches for trial or final hearing. This helps them to be confident as they are well prepared. My only request to them is to do the same for their colleagues.
What advice would you offer to the coming generation of lawyers, considering the evolving landscape of legal practice and the societal challenges we face? Could you share a personal or professional mantra that has guided you throughout your career and continues to inspire your work at AKS Law Associates?
The legal landscape is changing, it has increasingly no place for paper pushers or adjournment lawyers. The young, dynamic and hardworking professionals are dominating the field as either lawyers or judges. Technology is playing a larger role than ever. International arbitration is now becoming commonplace. If you want to find your niche and grow that practice, do it early. Have a general broader practice so that you can have an ear to the ground and earn a steady income and at the same time focus on growing your niche. Small is big! Clients want your time and they are willing to pay for it so long as you deliver. You don’t need a fancy name to your visiting card or a fancy office to start with; you need to focus on understanding how to resolve the client’s issue and after that it is a home run.
Mariana, we are delighted to have you for this interview. To start, could you please introduce yourself, providing a glimpse into your professional journey and the factors that led you to specialize in investment arbitration and cross-border litigation?
It had been my dream to become an arbitration lawyer since university. I am grateful to my professor at Kyiv-Mohyla Academy, Dr. Lyubov Logush, for raising my interest in arbitration. My path was not always smooth. During the first two years after graduating from Kyiv-Mohyla Academy I worked as a journalist and in parallel was doing my LL.M in International Dispute Resolution at Humboldt University of Berlin. Only afterwards I managed to start practicing arbitration in Ukraine. For this, I am grateful to Prof. Dr. Gerhard Wagner as the university not only accepted me to the programme but also granted me a tuition fee waiver without which I would not have been able to pursue my studies. It was very difficult to obtain any scholarship in Ukraine as Russia had just started its war of aggression against Ukraine in 2014 and Ukrainian scholarship funds were focused on priority development areas for Ukraine. During my studies, I always planned to come back home and practice arbitration in Kyiv.
Your experience includes significant roles at reputable firms like Linklaters, Avellum, and Kinstellar. Can you share some key moments or cases that have shaped your career as a foreign lawyer, particularly in the realm of international dispute resolution?
When I came back to Ukraine in 2016, I applied to two dispute resolution vacancies for junior associate positions in two international firms. One of those firms – Kinstellar – which had just opened its office in Kyiv believed in me and took me on board. It was the beginning of my arbitration career. For the next, roughly 5 years, I worked on various commercial arbitration and cross-border litigation projects involving Ukrainian elements, culminating in my first cross-examination of witnesses before the LCIA tribunal at the remote hearing in 2020. After my boss left Kinstellar in 2021, I left after him to be able to assist the client going forward.
On the first day, when I joined Avellum, the tribunal rendered a 250-pages award in that matter ruling in our favour. Avellum added investment arbitrations to my CV. I am very proud of the opportunity to work for the Ukrainian government in those arbitrations in the months preceding the war and afterwards.
When the war started, many Ukrainian law firms took drastic measures to ensure that the firms would stay afloat. This was a key reason why I applied for a part-time job in Linklaters Warsaw in July 2022. I had been working at two jobs until October 2023. At present, I work only for Linklaters focusing primarily on business development and pro bono activities in the areas of international arbitration and cross-border litigation.
Having represented clients in various jurisdictions, including Ukraine, Cyprus, Belize, France, Liechtenstein, Switzerland, and the UK, how do you navigate the complexities of cross-border disputes? Are there unique challenges that arise, and how do you address them?
International arbitrations and cross-border litigations might be incredibly challenging, especially if a counterparty is not acting in good faith, falsifies documents, and abuses its rights. Furthermore, these projects may take years. One of my projects lasted for seven years and one of its “branches” still continues. It takes time to get to the truth and, therefore, it is important to stay patient, not to give up when you fail and focus on the end game. With various parallel proceedings, sooner or later, the untruthful counterparty always makes a mistake. So it is very important to keep an eye on various developments happening in other proceedings, keep your position consistent and straight-forward and, when the time comes, use the inconsistencies in the other party’s case to your advantage. As my former colleague once told me and I continue repeating this to others “This is a long run”, so one needs to be prepared for everything, including, as it turned out, COVID and war. This is not a resilience they teach at school or university.
In your current role at Linklaters, you’re actively involved, among other things, in business development and pro bono assistance. Please elaborate.
Both during my last year at Avellum and now at Linklaters, I spend more time than usual on business development and pro bono activities. When the war started and especially before the Kyiv region was liberated, there were days when I would not receive a single email to my email box, which was frightening. The situation improved towards the end of 2022 and 2023 was very active again. At the same time, it was and remains clear that it is not sufficient to focus exclusively on billable projects. More needs to be done for the community. I am very proud of certain pro bono projects I have had a chance to pursue since February 2022, including collecting evidence of russia’s war crimes in Ukraine, suspending russia’s membership in the Financial Action Task Force, assisting Gateway Ukraine with its activities aiming to boost investment in Ukraine, helping Ukrainian refugees and so forth. On the business development side, it is great that many international firms worldwide set up Ukrainian desks in anticipation of Ukraine’s victory and seek to strengthen their relationship with the Ukrainian market. I am happy to facilitate this process.
Your publications cover a range of topics, from legal professional privilege to sham agreements. What drives your interest in legal writing, and how do you balance this with your demanding professional responsibilities?
Unlike other lawyers, I do like writing. As I mentioned, I worked as a journalist for a few years in 2015-2016. My primary task was to choose content and prepare it for Kyiv Post’s supplement, Legal Quarterly. I also helped fact-check Panama Papers for Organized Crime and Corruption Reporting Project (OCCRP). As Ukraine was undergoing major reforms in 2015, it was very interesting to follow this process by interviewing the high-ranking Ukrainian officials in charge of those reforms.
Frankly, I never understood senior lawyers and partners who make their associates write articles for them. As a junior and after seven years as a managing associate I always wrote articles on my own based on the experience I obtained in arbitrations and cross-border litigations. This is why my publications cover a broad range of topics.
Having interned at Wegnerpartner and the German Institution of Arbitration, how did these experiences contribute to your understanding of international arbitration, and what cultural insights did you gain?
Those internships, which were part of my master programme at Humboldt University, cemented my belief that I want to work in the area of arbitration. I am grateful to Korinna von Trotha, the former head of Berlin office of German Institution of Arbitration (DIS), and my professor, Dr. Adrian Müller-Helle, the partner at Wegnerpartner, for giving me an opportunity to become acquainted with arbitration from institutional and counsel perspectives during my studies. Of course, there are differences between Ukrainian and German approaches to arbitration, but, in my view, they are minor.
Juggling a demanding legal career and coaching moot court competitions must require a delicate balance. How do you manage your time effectively, ensuring success both in your professional and coaching endeavours?
Indeed it is very demanding and challenging. Last time, I acted as a coach in 2019-2020. Overall, I coached various moots for six years. I was heartbroken when my team did not go to Washington in 2020 to compete in Jessup due to COVID-19. This year, I advise the Kyiv-Mohyla Vis Moot team and plan to arbitrate the moot in Vienna. It is still time-consuming, but much less than coaching. Despite various burdens that come with coaching, I treat this as a community investment. I believe that students deserve to have good mentorship and I am proud that students I coached now also act as coaches and succeed in their careers.
Away from the legal arena, what are your favourite hobbies or activities? How do you unwind and recharge outside of the legal world?
At first, I was focused only at work and moots, but then it became clear that it could not continue that way. I am passionate about sports – gym, swimming, hiking, cycling – and languages. Unfortunately, in my case, learning each language requires a lot of time and effort, but I am happy I am slowly progressing and hopefully, soon I will be able to say that I speak five languages – Ukrainian, English, Russian (unfortunately), German and Polish. And I assure you it will not be the end of my language journey.
Given your journey from being a junior associate to your current role, what advice would you give to young professionals aspiring to build a successful career in international dispute resolution and foreign law practice?
I would advise you to follow your passion. If you love arbitration, certainly do it. But don’t have any illusions. Legal world is extremely demanding and competitive; the world we live in is extremely challenging and unpredictable; arbitration projects are getting only more complex; co-counsels and clients are not always easy to deal with. Make sure you realise that when you start your career. And when you do – make sure you remain the best version of yourself down that road.
Sir, over 2 decades you have such an amazing professional journey. During this you must have seen different varieties of legal domain. You have excelled in so many of them. I would love to hear your introduction, and also to know what inspired you to embark on this journey of law, particularly in the areas of international law, media and entertainment law and medicine.
I appreciate your patience as I delve into the intricate details of my journey. Born and raised in the vibrant city of Mumbai, I initially pursued my education in Vienna, Austria, before returning to complete my commerce studies at Hr. College in Mumbai. Following this, I embarked on a journey into the world of cost and work accountancy.
However, fate took an interesting turn when my maternal grandmother passed away, leading me to a chartered accountant. This changed the course of my life as he suggested exploring law as a career. Despite my initial reluctance, I enrolled at the KC Law College and later transferred to the Government Law College. The journey into the legal realm was unconventional but intriguing.
A turning point arose when the chartered accountant insisted on me gaining practical experience. He guided me to Mulla and Mulla, Cragie Blunt and Caroe a prominent law firm, where I began my professional journey. Despite my resistance to the idea of working, I found myself donning formal clothes and stepping into the legal world.
My initial years were a blend of studying, interning, and navigating through life. A significant challenge emerged in 1995 due to a legal matter that affected our exam results. This setback altered my plans for pursuing LLM, a unique twist in my academic and professional trajectory.
Undeterred, I sought guidance from the head of the law department, eventually enrolling in a postgraduate diploma in labour law. This period of exploration and learning laid the foundation for my legal career, which officially began in 1996 when I joined another law firm and thereafter to independent Counsel practice.
The advice to accept diverse legal work by my senior Mr. Sudhir Talsania, proved invaluable as I handled civil cases, ranging from Admiralty law to Motor accident claims. In 1998, involvement in a public interest litigation case marked my entry into this impactful aspect of law.
My foray into media and entertainment law began post-college, where my interest in fashion and film grew. Organizing inter-college fashion competitions with friends and working backstage for shows provided insights into the industry. Back then, media and entertainment law was not a subject covered in academic curricula. Driven by curiosity, I took the initiative to approach these artists and request copies of their contracts. Surprisingly, in those days, there was a lack of privacy concerns, and artists willingly handed over their contracts. I accumulated contracts, including Michael Jackson’s, to gain insights into the intricacies of these agreements.
As my legal studies progressed, I encountered instances where former Miss India sought advice from legal experts. This sparked a realization of the correlation between the fashion and media/entertainment industry and the legal intricacies involved. Amidst this exploration, the prevalent issue of entertainment tax emerged as a significant challenge, coexisting alongside the vibrant and dynamic world of fashion and entertainment. The journey of unravelling the legal aspects intertwined with glamour and creativity has indeed been both enlightening and entertaining.
A significant milestone occurred in 2010 when I was sent to Canada for corporate work, marking the beginning of an association with the Canadian Bar. This international exposure broadened my perspective on legal practices and introduced me to the concept of transcripts.
In 2016, recognizing the barriers geography posed to legal collaboration, I initiated the International Legal Alliance. The response from lawyers across 153 countries exceeded expectations, leading to the formation of a global network.
Adopting a practical and economical approach, we leveraged virtual tools well before the pandemic, establishing a network that seamlessly operated across borders. Today, our initiatives extend beyond legal practice, including legal heritage walks and collaborations with Chambers of Commerce.
This journey, spanning over a decade, has been a continuous learning experience, breaking barriers and embracing the evolving landscape of law. As we move forward, the possibilities seem limitless, and the blend of practicality and innovation remains the cornerstone of our endeavours.
It’s truly fascinating how you’ve become an international presence in the legal realm, almost like a “doctors without borders” concept but tailored for lawyers, operating seamlessly in a virtual space. We’re keen to delve deeper into this innovative venture. However, before we proceed, I’d also like to explore your insights on the issues related to live streaming and transcripts. when did the idea for this platform emerge, and how did you envision such a unique space? Additionally, could you share the type of support and impact you’ve witnessed so far?
Understanding how lawyers collaborate is key. My approach is unique – I cover the cost of the domain name and don’t charge our network members a fee. The goal is to bring colleagues together globally, recognizing the limitations of traditional law firms in covering vast geographical areas. Working across borders eliminates such restrictions, fostering collaboration on diverse cases. For instance, we recently handled a case involving a British national in Poland, showcasing the efficiency and cost-effectiveness of our approach.
During the pandemic, we aided a businessperson in validating a contract with an African entity. Collaborating with our network, we conducted due diligence and uncovered fraudulent activities, saving the individual significant financial loss. This highlights the practical benefits of our global legal alliance.
Regarding live streaming and transcripts, the idea struck me while watching a news report on the case filed by Senior Advocate Indira Jaisingh in the Supreme Court. I realized the need for legal transcription, having previously written about its importance during the Kulbhushan Jhadav case in the International Court of Justice. The Karnataka State’s subsequent endorsement and implementation of guidelines underscored the significance of transparency. Demonstrating the functionality of transcripts using a free AI app for the Supreme Court Committee garnered positive results. Now, with the government funding a multi-year plan, we anticipate positive changes in our legal system, emphasizing the crucial role of transcripts in preserving court proceedings.
Delving into legal history, I discovered the earliest transcribed judgment in Para 6 of Bal Gangadhar Tilaks case in 1908!! This finding prompted me to advocate for the revival of transcripts, essential for legal accuracy and accountability. Impressively, our efforts have inspired change beyond borders. A colleague from Pakistan embraced our model, leading to their Supreme Court adopting live streaming and transcripts. These endeavors exemplify how small initiatives can influence legal practices globally.
What kind of impact has your career had on society, and how it has brought in a lot of milestones in your career, emphasizing the wealth of knowledge you’ve accumulated rather than just financial gains? Could you share insights into your journey as an independent counsel and the experiences that have shaped your professional trajectory?
Returning to my journey, I was clear about my aspiration to be an independent practitioner and counsel, realizing the importance of autonomy. While this path offers flexibility, it also brings challenges, requiring self-guidance. In the initial stages, having a mentor was beneficial, but being your own master is a unique experience. Aligning with various lawyers and law firms in Bombay broadened my exposure, allowing me to learn different styles and crafts.
My practice, especially in public interest litigation, addressed various crucial issues. Cases ranged from safety concerns like people falling off suburban railway tracks to environmental issues such as air pollution. Advocating for persons with disabilities became a significant focus, addressing gaps in facilities and recognition under the Disabilities Act. I even argued against my own school in a case concerning learning disabilities, leading to important guidelines.
Among the impactful cases was one involving poor and indigenous patients denied treatment in a public charitable hospital. Through legal intervention, we established a scheme where a percentage of monthly income was set aside for indigent patient care. Another noteworthy case was Nikita Mehta’s abortion case in, where we had to rely on British precedent to persuade the court to form a committee. What we argued then, eventually became the law several years later.
Currently, I am involved in the ongoing “potholes case,” addressing road safety issues. While the impact of these cases on people’s lives is substantial, I believe that, collectively, lawyers should strive to contribute positively to society, upholding the notion of law as a noble profession.
I couldn’t help but notice your involvement in various social causes and organizations beyond the courtroom. Could you shed some light on the causes that hold a special place in your heart and the initiatives you’re particularly passionate about? Additionally, I’m curious to understand how your commitment to these endeavors impacts both your career and personal life.
First and foremost, I owe a huge thank you to my wife and children who have been incredibly understanding and supportive, allowing me the freedom to engage in all these pursuits. Balancing family life while being deeply involved in various causes is crucial, and her support has been invaluable.
As the kids have grown, finding this balance has become more manageable. Enjoying both work and personal life is essential. Personally, I find solace in the traditional approach of using hard copies and making notes, a practice not everyone may agree with in this digital age. There’s a unique magic in handling physical documents.
Public interest litigation has enriched my understanding of diverse areas I was previously unfamiliar with. The ability to rapidly assimilate information, honed through legal practice, has proven invaluable. I still relish reading up on legal matters while travelling, bringing that knowledge straight to the courtroom.
I’m an avid music listener, finding it to be a relaxing escape. I used to play a musical instrument not too long ago, adding another layer of enjoyment to my life. Maintaining a conscious separation between courtroom intensity and personal life is crucial. Once a case concludes, it’s essential to leave any conflicts or stress within the courtroom or, at most, within the professional sphere.
Over time, I’ve learned to manage stress and worries associated with cases. Experience has taught me not to carry the burden beyond its necessary scope. Engaging in various organizations, from the Lions Club to the Rotary Club and Chambers of Commerce, has provided a broader perspective and added value to my life. I’ve come to view these engagements on par with the significance of my law practice.
Exploring spirituality and relishing good food are additional aspects I find joy in. These facets contribute to a well-rounded life and play a role in making important decisions. Overall, the blend of professional commitment, personal interests, and active engagement in various communities has made my journey truly fulfilling and interesting.
Your expertise and involvement with the South Asian Fashion Week and the international South Asian Film Festival have become apparent, especially considering your background in media and entertainment law. You’ve shared about reviewing contracts for renowned stars. How did this passion for fashion and film evolve, and how do you envision the future intersection of law with these dynamic creative industries, especially in the rapidly evolving landscape of AI and technological advancements?
Starting from my college days, I’ve had a keen interest in working with fashion, initially at an amateur level and later professionally. I even did backstage work for a renowned choreographer like Hemant Trivedi many years ago. It’s quite amusing to reflect on it now, realizing that there might be very few lawyers who have experience working backstage in the fashion industry.
What’s fascinating is that the law itself is remarkably creative. It’s a misconception to label it as mundane; there’s an inherent creativity to it. Learning from the creative industries is crucial, and there’s a significant balance required, especially for someone like me working in media and entertainment law. As a media and entertainment lawyer, I cover a wide range of areas, including intellectual property rights, contracts, design, arbitration, mediation, and even criminal law aspects.
Some of the highest-paid lawyers globally are in the media and entertainment sector. Additionally, there’s a remarkable international similarity in this field, transcending jurisdictional boundaries. The dynamics of the industry bring forth unique challenges and opportunities. I’ve been involved in notable initiatives, such as facilitating the audio-visual co-production treaty between India and Canada. These experiences involve engaging in discussions and negotiations, contributing to what can be considered a form of soft skills diplomacy. Cultural arbitration and mediation might be the next significant developments in resolving disputes between countries.
You’ve shared your journey into the field of law with us, detailing how you arrived here. Undoubtedly, along the way, you encountered various challenges. Can you elaborate on how you successfully navigated through those obstacles? Furthermore, what advice would you offer to individuals treading a similar path? Considering that anyone venturing into law is likely to encounter certain challenges, what guidance would you provide for overcoming them?
Each individual possesses unique talents, areas of expertise, or gifts that define them. Identifying and acknowledging these aspects swiftly is crucial. It is imperative to align your pursuits with your intrinsic interests and inclinations. In the early stages, exploring diverse areas of interest within the legal domain is advisable. The legal profession is dynamic and ever-evolving; what holds true today may not necessarily be applicable tomorrow.
As a law student, the primary objective is to immerse oneself in the learning process, absorbing as much knowledge as possible. Post-education, there are varied career paths available, such as joining a legal chamber, opting for corporate law, pursuing litigation, or combining elements of both. Even for those in smaller towns, there is immense potential to excel as a trial lawyer and contribute significantly to the legal landscape.
Indians, in particular, possess an innate ability to think on their feet, a valuable trait in legal practice. Unlike some international counterparts who strictly adhere to established practices, our legal system often demands quick thinking and adaptability. Exposure to courtroom proceedings is invaluable. Nowadays, with the convenience of online platforms like YouTube, observing court sessions globally is more accessible than ever.
Experience remains unparalleled in its educational value. The ability to navigate unforeseen challenges, drawing from a reservoir of past encounters, is the essence of true expertise. Reflecting on previous cases and applying lessons learned adds a layer of depth to one’s legal acumen. Knowing when to assert an argument, when to yield, and when to remain silent are indispensable skills acquired through experience. In essence, experience equips a legal professional to handle any situation, whether or not they had the foresight to prepare for it.
Looking ahead, how do you envision your professional and personal pursuits unfolding in the next few years? Could you shed light on specific goals you have in mind, particularly considering your deep involvement in social causes and other facets? Given your leadership role in the international legal alliance, what projects do you anticipate spearheading in that capacity? Your insights on the future trajectory of your endeavors would be greatly appreciated.
I consider myself a go-with-the-flow kind of person. While I can’t predict the future with certainty, I am optimistic about the progress we will make, particularly in India’s legal landscape. It seems we are on the brink of something significant, especially in terms of fostering international collaborations and constant interaction between nations. My vision involves exposing a greater number of young lawyers to diverse legal practices worldwide, which I believe would be a remarkable achievement.
Additionally, there is a need to establish a legal resource centre distinct from traditional legal aid services. This centre could serve as a comprehensive online platform, offering resources such as law journals and information on various legal domains. Many individuals faced with legal issues often struggle to categorize them under criminal or civil law, let alone identify specific areas like consumer disputes or matters falling under the NCR. This lack of clarity can be overwhelming for those unfamiliar with the legal system.
While such resources are available online, there is a crucial need to correlate and organize them comprehensively. This would significantly ease the process for litigants, allowing them to approach lawyers with a clearer understanding of their issues, thereby reducing the time spent explaining their situation to legal professionals. Establishing such a system across India would prove immensely useful and beneficial for both lawyers and those seeking legal assistance.
Can you walk us through your journey and share what led you to pursue a career in law, particularly with a focus on corporate mergers and transactions?
Many decide their career paths while they are about to enter Class 10 in school. While my mind was always inclined to take science and pursue a career in medicine, destiny took me to Accountancy in my 11th and 12th. Blessing in disguise, as it felt that I got into the subject where I belong. So my journey started there. With the preliminary learning of accountancy, I decided to pursue a career in commerce and took admission in B.Com (H) in Delhi University. It was around the end of 2008, where I was still wondering whether it would make sense to do an MBA (like my peers) and move on to joining a bank or a consultancy in finance, but then again I was destined to be introduced to a subject called ‘Corporate Law’ during my 2nd year of B.Com. It was fascinating as I was always keen to learn about companies and their functioning, given that we grew in the era of blooming joint ventures, international tie ups and growth of Indigenous businesses in India. I was intrigued to know how much running a company is driven by accounts and mathematics, and thus, that’s where it all began. I chose to pursue a career in law. However, maybe I wasn’t prepared enough, and I failed my first attempt into Delhi University (Law Faculty) in the entrance exam. It was 2009, peers had found their place and here I was wondering what I should do now. I decided its time to drop a year, work with a financial advisory company and reattempt the Law entrance exam. I joined Law Faculty in 2010 and graduated in 2013 with a degree in B.Com (H) and LL.B. During my student days at the Faculty I continued interning with different law firms in New Delhi, NCR. My most memorable internships were at J. Sagar Associates (my first job). I was given an opportunity to join JSA in August 2013 and I continued working there for a while before I moved onto other law firms such as Shardul Amarchand Mangaldas. My focus area in all these firms was corporate-commercial and I was given an opportunity to assist team members in ongoing live transactions ranging from business transfers, joint ventures, private equity, and other general corporate advisory services. I believe that if I wasn’t given this chance, life would probably have been very different. Thus, if at all I can say that I have gained knowledge in the field of law, the credit truly goes to those seniors who gave me the opportunity to learn. Thus, through this medium I would like to thank Mr. Jyoti Sagar (Chairman and Founder) and Mr. Upendra Nath Sharma (Partner, JSA).
After years of learning from different lawyers and gradually taking steps to lead transactions and advise clients, in 2020 I set up a small law firm – Gadi & Associates (GnA). It was tough and challenging to make this decision but I believe that sometimes as a lawyer you have to take steps that are beyond your comfort zone to ensure that you give the soundest and best legal advice. Thus, while keeping that thought in mind, I took this decision and set up a shop (a table and a chair in my house and a banner on the window). The shop was now open. I have primarily gained experience in corporate law and so my first instinct drew me to help Clients in contractual matters. It’s not uncommon that once you disassociate with bigger brands, Clients take time to get that confidence in you, but I am grateful to my initial clients who had that faith in me and gave me my first assignment.
2020 was the birth year of GnA with a single member team and today I run a law firm with a strength of 25 (all inclusive).
Given your extensive experience with tier 1 law firms and now as the founder of Gadi & Associates, what motivated you to establish your own legal practice in New Delhi?
The key motivation to establish GnA and to take on this journey was to challenge myself in an environment with cut-throat competition. I genuinely feel that every lawyer has his/ her own way of expressing opinions and assisting clients, so one shoe doesn’t fit all. The key was to demonstrate to clients that my style of thinking and my approach to matters is unique and could yield results which they probably wouldn’t expect. While I never discount my learning years, I did feel that it was time to practice in a style and manner as I independently wished to apply, rather than aiming to make a change in the existing set up of other law firms. Having said that, establishing from scratch without any legacy in the industry did throw its own challenges and sometimes made it difficult to work, but I always kept repeating this to myself – ‘Don’t be ashamed if you fail, be ashamed if you fail without trying’. So I kept at it and kept trying. GnA came into existence and grew bigger and bigger in size, with its first office in 2021 and with now a new office in 2023. What back then in 2020 felt would be impossible, started becoming a reality and now is being lived each day with the focus to make other impossibilities a reality. So I can say this with all conviction that it was not easy to start and was surely not easy to continue, but now when I look back I say to myself that it was not that difficult too. My other motivation was to try and bring a different approach to corporate matters. While as counsel we typically work on agreements and assist clients in negotiations, I try to understand the financial modelling behind each transaction or commercial tie up. Definitely I do not give any opinions on accounts but given my background and keen fondness to learn different aspects of accountancy, it helps in understanding and advising best legal resources and positions to have in such matters. Needless to say that a commercial tie up or a strategic alliance are primarily driven by the accounts behind it, so as a commercial lawyer it is our job to understand that relationship and advise accordingly.
You’ve been involved in a variety of high-value transactions, including representing a global private equity fund in a multi-billion-dollar acquisition. Can you share some insights into the challenges and strategies you employed in such a complex deal?
It wouldn’t be fair to give any critical details in the public domain, but it a few aspects that I would like to share are: (i) Commercial Sense – When I got introduced to the transaction I was only trying to figure out in my head the commercial sense behind the matter and if the deal at that particular value made sense. That gave me an opportunity to learn something new that I hadn’t been introduced to earlier, and that was the economic benefit of the future. Many times I have heard people use the phrase ‘does this make any commercial sense’, even by me while discussing the matter with colleagues. However, I did get the answer to this question in a manner that I hadn’t expected. It wasn’t necessary to see the commercial sense of the matter in the present but rather what it would be in the near future or within a period of time being envisaged by the acquirer. While doing the matter, we get involved with the details of the matter but somehow miss seeing the macro approach of the said industry vis-à-vis other industries. So it wasn’t necessary for just this business to grow but to see how it is important for other industries to flourish and grow at the same time to ensure that the growth of this business continues and eventually that commercial sense comes to light. (ii) Due Diligence – If there is something that helps in undertaking transactions or ensuring that a lawyer is doing his/ her job, it is important to take note of the criticality of due diligence. It is not merely a report, but an action item that can change or mould the frame of the transaction. We do hear of different forms of due diligence reports, but at the end the critical aspect is ‘due diligence’. I believe my key learning here was to be a part of the due diligence team and understanding the different forms of compliances and key requirements to put together one list of critical aspects. If there were any findings that showed any legal issues then it is important to also find the recourse to such legal problems and assist in implementing the solution. We did find a few critical legal challenges here as well, but given the experience of the team I was working with, it was easy to help in implementing the correct solution and take the transaction forward. So in a nutshell as a strategy to a transaction, due diligence is key and must be undertaken with great importance.
Your role involves advising multinational companies, startups, and family-run businesses. How do you tailor your approach when dealing with such diverse clients, each with its unique set of challenges and priorities?
Truly, this journey started with GnA. Prior to starting GnA it was mostly assisting large scale companies in their matters including transactions, general corporate advisory, compliance, etc. It is only when I started GnA that I understood the importance of being a ‘Generalist’. While I do say that my key focus area in law is corporate – commercial, I started branching into other aspects of law and advising diversified clientele in a variety of matters. While the category of clients in question still seem to be hinting more on corporate work, in reality it entails a number of legal aspects such as promoter relationship, family lineage planning with succession plans, asset management under different vehicles for betterment of operations, etc. This may also at times include undertaking real estate transactions, preparing wills and settlements and also managing the operations of smaller set ups in terms of division of roles. One key aspect here to note is that it is not limited to operating out of one vehicle for family businesses, our laws give us many ways of undertaking such plans. For instance a division of businesses is not merely to be driven by settlements, it could be that we divide businesses by way of demergers, slump sale, etc., and the meaning behind these transactions are completely different than what we generally do for other corporations. In the case of start ups, it is critical for a lawyer to understand the drive of the promoter(s). As lawyers it is important to understand that a promoter(s) does not generally know about compliance and applicable laws. It is the duty of a lawyer to ensure that the start up business becomes compliant with all laws while ensuring that the Promoter(s) can stay on course with the project that they initiated.
Having assisted in the acquisition of a refractories plant and the fund raise for a logistics company, could you highlight the key considerations and legal intricacies involved in transactions within the manufacturing and logistics sectors?
The former was an asset purchase transaction, different from the typical slump sale transaction. In an asset purchase the key factor is identified: purchase price of the assets and transfer of each individual asset be it a plant, machinery, equipment, land, etc. Frankly, while the entire transaction was similar to any other asset purchase deal, the critical aspect of this deal was the transfer of real estate. This was probably the first time experiencing a transaction with respect to real estate where my involvement was not limited to preparing the definitive document but also to assist the client in the entire registration process. This experience was beneficial and educational as it helped my journey to start working on more real estate transactions and today at GnA we have a full real estate practice where we help with sale, leasing, mortgage and joint development transactions. The latter was a large-scale private equity transaction, where I was a part of the team that represented the company and the promoters. What was critical here was the fact that the business that we represented was becoming the growing need of the ever-evolving logistic sector of the country assisting ecommerce. As I have said earlier that not many times do you get the commercial sense from the transaction itself, but when you apply it with other sectors that are supportive sectors and see the immense opportunity there, you can co-relate as to why this sector would grow too and therefore, investments in such companies became the growing need. Although as a counsel, I did work on the investment document and assisted in the effective transaction closure in a timely manner.
In addition to your transactional work, you’ve also assisted clients in matters relating to disputes. How do you decide to diversify from corporate to litigation?
Well, as I mentioned, GnA was the reason I thought it was best to be a ‘Generalist’. Where I could have decided to remain a part of other firms and continued working only in corporate law, I did choose the other path and started GnA. Given this decision it became even more important to see the world of law in the Court of Law. Thus, it all started with a simple legal notice in the case of an employee dispute. I was approached by one of my existing clients to pursue a case against an employee involved in embezzlement. This was something that in my other organisations I would have passed onto my colleagues, but at GnA I chose to take this up as my very own and moved on with the mandate. As the matter progressed and went on, I started learning this aspect ‘on the job’. It’s been roughly 3.5 years since that first notice and today I engage in large scale dispute matters ranging from arbitration, company law petitions, insolvency matters, recovery matters, etc. In fact, starting a disputes practice gave me a better understanding of how words in a contract could have different meanings in different situations. Therefore, now drafting a contract makes it critical for me to examine each provision/ clause with such combinations that maybe wouldn’t have been the case if I wouldn’t have stepped into the world of litigation. I sincerely believe that each lawyer (corporate or litigation) should gain experience of both worlds as they are complementary in nature and not as alternate professions.
With a wealth of experience, what advice would you give to law graduates aspiring to specialize in corporate law and mergers and acquisitions?
To the aspiring law graduates who wish to enter the field of corporate law whether for M&A, PE, VC or general corporate advisory, it would help if you start from the basics. It is not necessary to know everything about what a transaction entails in your initial years, but you should either find answers to or have the will to ask questions regarding aspects that are introduced to you. In practice, many seniors use terms and abbreviations which any aspiring law graduate/ intern may not understand (the same happened with me), which makes it even more difficult to comprehend the entire discussion which is taking place. Thus, an on-the-job experience makes it even more important to learn such aspects by either spending time to find the answers or questioning the seniors. A senior colleague of mine once said to me ‘sometimes I forget that my junior colleague has not read this in his life’, which basically means that seniors do know that you are new to this world and will take your own time to learn, but it still will demand your full involvement in the matter by being inquisitive and focussed. A great way to get a kickstart in the field of corporate law is by doing internships with corporate law teams of firms that generally undertake transactions. As a law student who still has a couple of years left before he/ she graduates, if you are keen on becoming a corporate lawyer, you should find data about transactions and the partners of firms who undertook those matters and then try and get internships with those partners to ask them questions about the transaction. Having said that, law is a journey that involves never ending learning and every lawyer has something to share for you to learn.
Can you share the pivotal moments or experiences that led you to pursue a career in law, specifically specializing in Intellectual Property Laws?
It is said that every person has their own destiny. I had come to Delhi to crack Civil Services. Failure to crack civil services pushed me to try law. It is also true that the interest of the students in particular subjects depend upon the teacher teaching the subject. While pursuing law in Campus Law Centre, University of Delhi the discussions and interactions were very interesting, engaging and different from all the other subjects. That is what piqued my interest in the IP laws and how I decided to pursue my career in IP. My interest further grew when I started PG Diploma in Intellectual Property from Indian Law Institute and then I saw how important it was to protect ideas and creations. This realization further motivated me to explore IP laws.
This journey has not only shaped my career goals but also fueled my passion for advocating the significance of intellectual property. I am eager to use my legal skills to support and defend the innovations that drive our society forward.
Given your extensive experience in handling more than 200 litigations, could you highlight a case that significantly shaped your approach to legal practice or left a lasting impression on you?
One time, during the early days of my career, I was appearing before a Single Judge of Hon’ble Delhi High Court in an appeal against the order of the Copyright Board. I was assisting my senior who was to argue the matter and was thoroughly prepared with the matter myself. However, when the matter was called, my senior was before another court appearing in another matter. The Passover request was declined by the court and I was asked to argue the matter. I was a bit nervous but presented the facts of the case with energy. However, the Ld. Judge wanted to hear from me the application of ‘Principle of Comity’ to the case which I was unable to. The Ld. Judge then not took the time to explain the principle but also taught the same to me like a teacher. The Ld. Judge definitely sympathized with a junior caught off-guard but that experience taught me that it is not sufficient to only know the facts of your case. It is also important to know how the law applies to those facts and that there is a manner in which laws and facts should be presented before the court for understanding of the judge. I have never forgotten the ‘Principle of Comity’ since and have applied the judgment passed by the Ld. Judge in my favour in various cases handled thereafter.
You’ve been involved in various contentions cases related to trademarks, copyright, and designs. What drew you to these specific areas within Intellectual Property, and how have you seen these fields evolve over your 15 years of practice?
I was drawn to specializing in trademarks, copyright, and design within intellectual property because of their dynamic nature and the real-world impact they have on businesses and creativity. These areas require a delicate balance between protecting original ideas and allowing for innovation and competition.
Over my 15 years of practice, I’ve witnessed significant evolution in these fields. The advent of the digital age has transformed the landscape of IP laws. During my journey, just as an example, I have seen issues about exhaustion of rights in physical sale of products raised for the first time. We then reached an era of online sales and issues such as those of intermediaries and jurisdiction in cases of online sales etc. cropped up before the courts and now, we are discussing the impact of AI in all domains. The changes are not only with respect to the law but also the procedures before the courts. The advent of Commercial courts, special IP Division, digital filings etc. have also made litigation for litigators and litigants hassle-free.
The ever-changing technological and business landscape continually presents new challenges, making it imperative to stay at the forefront of legal developments. I find it both professionally rewarding and intellectually stimulating to navigate these complexities and contribute to the evolving dialogue within IP laws.
Being a regular guest on All India Radio and a guest faculty at the Indian Law Institute, can you tell us about the role of education and public outreach in your legal career and how it contributes to your professional growth?
Being a regular guest on All India Radio and serving as a guest faculty at the Indian Law Institute apart from various other Universities has been instrumental in shaping my legal career.
Engaging with the public through All India Radio allowed me to simplify legal concepts and make them accessible to a broader audience. My appearances at the AIR were not only limited to talking about IP Laws but also on various other laws which are relevant for socio-economic conditions of society.
As a guest faculty at universities, I have the opportunity to interact with aspiring legal professionals. Teaching not only allows me to share my practical experiences but also keeps me abreast of the latest developments in legal academia. The exchange of ideas with students fosters a two-way learning process, enhancing my own understanding of legal principles.
These educational and outreach activities complement legal practice providing a unique perspective about various issues and challenges faced by students and members of the public which I might not have the opportunity to otherwise encounter.
You’ve been a panelist at the Conclave of Dharmashastra National Law University on the topic of AI and Intellectual Property. How do you see emerging technologies impacting the field of law, specifically in Intellectual Property, and what challenges and opportunities do you foresee?
As a panelist at the Conclave of Dharmashastra National Law University on AI and Intellectual Property, I had the privilege of discussing the impact that emerging technologies have on the field of law, particularly IP. The intersection of AI and IP presents both challenges and opportunities.
The advent of AI has streamlined certain aspects of IP processes, such as patent searches and prior art analysis, significantly enhancing efficiency. However, it also raises challenges in addressing issues like AI-generated creations and the attribution of intellectual property rights.
Opportunities lie in leveraging AI for more robust IP protection mechanisms and the development of innovative solutions to combat piracy and infringement. Additionally, the use of AI in data analysis has proven invaluable in identifying patterns of IP violations.
On the flip side, challenges include the need for updated regulations to address the unique aspects of AI-generated content and the ethical considerations surrounding AI in the legal landscape. Striking a balance between fostering innovation and safeguarding IP rights in this evolving technological landscape is a complex but essential task.
Overall, embracing these technological advancements is crucial for the evolution of IP law, and navigating these challenges presents an exciting opportunity to shape a more resilient and adaptive legal framework.
Having conducted numerous civil and criminal raids, can you share a particularly challenging enforcement situation you encountered and how you navigated through it?
There was a civil raid in Meerut in around 2014 which comes to my mind. I along with a court appointed Commissioner was visiting a wholesaler engaged in the sale of infringing coffee. Initially, we went to the police station wherein we were declined assistance. However, considering the Commissioner had orders from the Court and there were chances of goods being removed now, since we had given information to the Police, we reached the premises directly. The entire process was obstructed and delayed by the female family members of the shop owner and during that period several nearby shopkeepers and market leaders gathered. We were surrounded by around 80-100 people who all turned aggressive and did not allow us to conduct the seizure or even go back to our car. I then spoke to the president of the market association who was leading the mob and explained to him that the infringing activity that the wholesaler was involved in was not only harming the reputation of the client but the low quality products being sold by the party was also being consumed by the public including the families of various members of the mob. After some explaining and a cool temper kept by us throughout, the mob allowed us to invent the stock, prepare a report and leave without seizing the products.
Though I must add, not all civil and criminal raids have such interesting stories. While this story does not paint a pretty picture of how sometimes civil or criminal actions turn out, this also reminds me of how a calm mind, quick thinking and easy communication can help you overcome challenging situations.
As a lawyer with strengths in team management, litigation, and public speaking, how do you balance these diverse skills in your day-to-day practice, and which aspect do you find most fulfilling?
As a lawyer and working with an esteemed organization one learns to strike a balance between these and various other aspects of being a professional. In my view, the job of a lawyer demands an all-round capability and one is tested everyday with challenges on these fronts. It is not only required of me to manage the team or prepare for various court cases or attend public speaking sessions but also to participate in other activities such as management of the Firm, attending conferences for business development etc.
Delegating responsibilities, ensuring clear communication, and fostering a collaborative environment are all aspects of managing a team which will run as a well-oiled machine. This allows me to streamline workflows and gives me the chance to undertake other works and projects. In order to achieve the same, a robust motivated team is a must. It is my philosophy that my team should pass on the complete knowledge which I possess in all fields, and that is one of the most fulfilling experiences as a professional. I also ensure that my team is motivated and properly trained to effectively complete the delegated works which not only allows me time for other endeavors but also allows them to grow independently.
Litigation requires meticulous preparation, attention to detail, and the ability to think on my feet. Prioritizing tasks, managing timelines efficiently, and staying adaptable to the evolving nature of legal proceedings are the pillars of effective advocacy. On the other hand, public speaking allows me to not only advocate for my clients but also contribute to legal education and public understanding of the law.
Looking back at your journey from law school to moderating a topic at INTA in Atlanta in 2024, what advice would you give to fresh law graduates aspiring to specialize in Intellectual Property or follow a similar path in their legal careers?
My advice to the fresh law graduates aspiring to specialize in IP or pursuing a similar path would be to (i) Build a Strong Foundation by focusing on learning and gaining practical experience in initial years of practice; (ii) Keep yourself updated with the latest legal developments and familiarize yourself with technological tools used in the legal field; (iii) Develop Communication Skills as effective communication, both written and verbal, is crucial for a lawyer. This also includes honing your networking skills which open up various opportunities for one; (iv) Be flexible to adapt to the demanding situations and conditions of the profession.
Remember, each step contributes to your growth, and perseverance is key in building a successful career.
