Super Lawyer

Category: Partners, General Counsels and Senior Advocates

  • “When I started to study law, I felt that this is one of the most organic educations, which not only deals with actual problems but also provides real solutions for real problems.” – Saurabh Anand, Senior Counsel (IP and Technology Law) at Akamai Technologies

    “When I started to study law, I felt that this is one of the most organic educations, which not only deals with actual problems but also provides real solutions for real problems.” – Saurabh Anand, Senior Counsel (IP and Technology Law) at Akamai Technologies

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

    What inspired you to pursue a career in law, and can you walk us through your journey from being a science graduate to becoming a notable practitioner in intellectual property and technology law? Who or what influenced your decision to transition into the legal field?

    I often call myself an “Accidental Lawyer”. I come from a background where my parents were doctor and teacher respectively. Hence, like any kid from a Tier-III city, my ultimate aim was to either clear the entrance examinations for medicals or otherwise complete my graduation in order to become eligible for UPSC examination. But, destiny had some other decisions for me. 

    When I could not crack any medical entrance examination, my parents enrolled me in B.Sc. Life Sciences at Kirori Mal College so that I can prepare for the medical entrance examination during the first-year college. To achieve this, they got me admitted to a coaching institute as well and for the whole 1st year of my graduation, I was doing both. However, till that time my interest in medical examinations started to dwindle and I gradually gravitated towards the world of science. I would like to highlight here that since beginning, I was not the one who can walk on a conventional path. Hence, during my graduation, a non-conventional course, B.Sc. Life Science and a motivating mentor, Professor Rajni Gupta, helped and guided to get a scholarship from Government of India, under the name of Kishore Vaigyanik Protsahan Yojna. While working on my research, during the third-year of my graduation, I got exposed to the very first concept of “patents” which kind of fascinated me. Everyone in the college was super sure that I will continue to work in the field of science and then came a second change in my academic career. 

    My father, a retired Government servant, guided me to sit for UPSC, however I was not prepared for that. Then came my all-time mentor, my mother in the picture, who supported me in my madness and supported my decision. With the sole intention to be around UPSC aspirants, I gave the entrance examination for Faculty of Law, University of Delhi and I still don’t know how I cleared it. All said and done, within a month from a research scholar in science, I became an UPSC aspirant in the first year of my LLB. When I started to study law, I felt that this is one of the most organic educations, which not only deals with actual problems but also provides real solutions for real problems. This shift kind of stuck with me and gradually I decided to give it a try with all my energy and dedication. This was the first time I became aware of Intellectual Property Rights and how I can actually weave my science degree with law. 

    I started to gain more experience by way of internships and gradually landed with Singh and Singh, where I got an opportunity to work with some of the best legal minds in the field of patents. My mentors there guided me as to how my science background can be utilized in the legal profession. Thereafter, I got an opportunity to work with K&S Partners, which not only provided me with a platform to work on allied areas of Intellectual Property Laws but also provided experience of working in multi-jurisdictional courts and with multi-jurisdictional counts. Needless to mention, colleagues at K&S Partners, and primarily Mr. Ravi Bhola, were always supportive of my non-conventional ways of approaching any problem. With this exposure, my interest gradually tilted more towards allied areas of Intellectual Property Laws, which in general parlance, we call it Technology Laws and then I got an opportunity to work with Akamai Technologies, where I am currently working. 

    In short, I would say circumstances, my mentors and to some extent my non-conventional mindset, are key contributors in my legal journey so far. 

    As a Senior Counsel at Akamai Technologies, you’re dealing with cutting-edge issues in cloud computing, and intellectual property. What are some of the most exciting aspects of working in this field, and what challenges do you often encounter?

    The most exciting part of my job at Akamai is the opportunity which I get to solve real business problems. As Akamai operates in different jurisdictions across the world, it becomes equally important for us to be at least aware of the law of the land which can be applicable on our services. As I primarily look after Technology Law issues, it becomes all the more important for me to understand how law is shaping up in relation to our existing or any prospective product set. Hence, I would sum up the exciting part of my job as under, as opportunities to:

    1. understand business;
    2. understand a business problem;
    3. to learn and apply legal varies areas of law to solve a business problem.

    Having said that, it is very difficult for me to docket challenges at my current job, because I see these challenges as an opportunity to grow, which further satiates my non-conventional mindset. However, I do want to call out some operational challenges, like working across multiple time-zone issues, which everyone will face while working for a multi-jurisdictional organization. But, this is something which varies from organization to organization. I am glad that at Akamai, it is never an expectation to remain available across multiple time zones and all the colleagues constantly endeavor to remain available in a time-zone which is less cumbersome for the other. 

    You handle various transactional documents and engage with law enforcement authorities globally. How do you stay updated with the rapidly evolving legal landscape, especially in the realm of technology and data privacy?

    Yes, as a part of my job, it is an unsaid rule, that although I have educational background in Indian laws, it is an add-on, if I have a working knowledge of the legal landscape of other jurisdictions as well. My first source of truth for understanding legal requirements outside India, are my colleagues, who are trained in laws for that jurisdiction. One need to understand here that you cannot gain or remain updated with ever changing legal requirements across the globe without having collaborative working relationships with your peers in those jurisdictions. Hence, before doing desktop research, I always rely on the expertise of my colleagues and one should always follow this. In today’s era, where information is accessible at your fingertips, I have seen individuals giving knowledge on laws of other countries. But, I always follow the differentiation between theoretical and practical knowledge, because it is the practical application of any law which will give you a solution and not the theoretical knowledge. 

    Having said that, for an individual’s growth and to quench my thirst for knowledge, I always try to read comparative analysis of any law across the globe with Indian laws. This helps me in identifying the differences and those differences are the key to understanding any legal landscape around the world. One can always refer and reply to comparative analysis prepared by good law firms or think tanks, to begin with.  

    As a registered Indian Patent Agent, what are some common misconceptions or challenges that an applicant/patentee often faces regarding intellectual property rights, and how did you address them while you were litigating?

    There were two critical issues which always used to come while I was doing patent litigation. First and foremost, was whether a patentee is inviting revocation proceedings by suing the other party. Second one was, how to assess damages before initiating any litigation, so that a patentee can do cost benefit analysis well in advance. 

    For the first issue, my response was pretty simple. I always used to advise my client that if you have taken a business decision to apply for a patent, that decision should also include the decision to defend that patent for its lifetime. Because a patent, whether sitting  idle or going to be enforced, will remain vulnerable to get challenged during its entire lifetime. 

    For the second issue, my advice was to at least get a presumptive idea of loss which they are facing, because of the infringing activities and gather clear and cogent evidence to substantiate the same. Reason being, granting damages are within the jurisdictional realm of court and our duty is to give clear and convincing evidence to the court to assist the court in arriving at a particular decision. 

    Considering your extensive expertise in intellectual property laws, what advice would you offer to the current generation of law students aspiring to build a career in this field?

    My advice to the student would be to first focus on developing a strong grasp over concepts of law and the same can be done by not only reading the statutes but also understanding how a statute was applied to solve a real time issue. A law student in his/her journey should do two things: read judgments with the mindset as to how a statute/legal principle was applied to solve the issue at hand and secondly, to gather experience by way of internships. I would like to highlight here that I am aware that getting internships is not an easy cakewalk for all the law students from different law colleges, because I faced the same issue. But in today’s world there are organizations like LawSikho who are actually guiding and helping students. Having said that, I always believed that actual application of law can be best understood in Courts and this is something which I did when I was a law student. I did not wait to hear back from an organization on my internship application, I simply went and knocked the doors of multiple practicing advocates in the Trial Court, and most of them helped me in understanding practical nuisances of law. I am ardent believer of this phrase:

    “You will never know what is there on the other side of the door, until and unless you knock and ask. At the best you will get a clarity, which door to knock later and which door should be avoided”

    Looking ahead, what are some emerging trends or legal challenges in the field of IP and technology law that you believe will shape the future of legal practice, both in India and globally?

    IP and technology law evolves with evolving technology. With the current set of technology in place, based on my set of expertise, I would bet on Artificial Intelligence, which has the potential to be evolved as a separate area of practice in law. 

    You’ve authored several articles and publications on intellectual property rights and patents. What motivates you to share your insights and knowledge with a broader audience, and how do you approach the process of writing on complex legal topics?

    Writing articles is my way of keeping myself abreast with the evolving areas of law. I have been an ardent believer of the logic that when you write, you learn more. And the beauty of writing articles is that you get feedback from either your peers or from someone who has more experience than you. 

    Before writing on any subject, there are two things which should be kept in mind: whether the topic is relevant in the present set of circumstances and who your audience is. Once you have cracked this, it is your responsibility to state the correct facts and for which I am very stringent to only rely on trusted sources, like the statute itself, or the judgment itself. 

    You transitioned from your role as a Senior Associate at K&S Partners to an in-house Counsel. Can you share with us what motivated this transition and how it has impacted your approach to legal practice?

    My motivation for this transition was to keep myself in pace with the changing legal landscape. While litigating, I was exposed to certain issues which was mostly relevant from the applicability of Indian laws. However, when working with clients from different jurisdictions, I became aware as to how other jurisdictions are looking at similar issues with a different legal angle which I was looking at from Indian legal requirements. This quest to learn more on multi-jurisdictional approaches, helped me to make this switch. Needless to mention here that at this stage of career you cannot take such decisions without the support of your family. Here, I would like to give a shout out to my wife, Meghana, who herself specializes in IP litigation, in supporting my non-conventional decision here.  

    My decision has definitely impacted my approach to legal practice, because in India, we often see in-house Counsel as an intermediary between client and its outside counsel. However, after joining Akamai, this myth got broken for myself, because the role of an in-house counsel is to understand the business requirement and give a legal solution for that requirement. 

    Having transitioned from roles in litigation to that of an in-house counsel, what notable differences did you find in the nature of work, challenges faced, and overall professional satisfaction? How did these experiences shape your career trajectory and approach to legal practice?

    While I think I have captured the issues around the nature of work and challenges faced in my earlier answers, I can probably focus here more on professional satisfaction. For me, the definition of professional satisfaction keeps on changing because I always understand and foresee a legal career as an organic career, which keeps on changing with the changing issues in society and technology. I joined Akamai with the sole interest to understand the application of intersection of multi-jurisdictional law on the evolving technologies. This still remains relevant for me with the present set of affairs. In a nutshell, I was fortunate to shape my career based upon my experiences and one should always remain open to changes.   

    Apart from your professional pursuits, do you have any personal hobbies or interests that you find equally fulfilling? How do you balance your passion for law with other aspects of your life?

    In my circle, I am known for my passion for driving. While this may not be considered as a hobby or interest, for me somehow it helps in clearing my head. While I am not quoting from the famous series, “the Lincoln Lawyer”, driving is something which has stuck with me from the very early ages of my life and is still continuing. While some people confuse this with the passion for new cars, this is not the case. I enjoy driving with whatever I have, I have and what I aim to have (off course keeping in mind the budgetary constraints ☺).

    For me there is no requirement to balance my passion for law with other aspects. Like driving is a passion for which I will not compromise on anything, similarly for learning new legal nuisances, I do not have set boundaries to learn. I believe that you tend to balance and make time for things which you are forced to do. For your passion, you should not be balancing your time with other things in life. While there are priorities in life for which you need to give time, but whenever you have time give priority to your passion, whether for law or for driving or for anything else. 

    Get in touch with Saurabh Anand–

  • “Proficiency in comprehensive reading and writing is paramount, a robust grasp of knowledge and the ability to communicate effectively in eloquent language are indispensable assets” – Aarti (Shrivastava) Banerjee, Partner – Corporate Legal Advisory, YNZ Legal

    “Proficiency in comprehensive reading and writing is paramount, a robust grasp of knowledge and the ability to communicate effectively in eloquent language are indispensable assets” – Aarti (Shrivastava) Banerjee, Partner – Corporate Legal Advisory, YNZ Legal

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

    Your journey spans over 17 years, and you’ve worked with reputed law firms and companies. What inspired you to pursue a career in law?

    I was fascinated with UPSC and the legal profession both. I loved reading from my childhood days. We didn’t have a television in our house and considering that the distractions were lesser then, I ended up reading a lot of newspapers. I used to regularly read Hitavada and its Monday supplement: Challenger, an inspirational piece for young students. When I told my family that I wanted to pursue law, my mother supported me and took me to meet a few lawyers and those interactions helped. Realizing that I had no family background in law, the seniors helped me understand that the actual legal world was very distinct from the legal world depicted in movies and that I should be prepared for struggle and a lot of reading and paperwork. 

    Your role involves advising on commercial, contractual, and HR-related issues. How has your diverse experience shaped your approach to legal advisory, particularly in corporate and HR matters?

    Advising on HR matters needs one to adopt a humane approach and I focus a lot on understanding the situation in detail, before jumping to conclusions. With every change in an organization, one comes in contact with people from various backgrounds and genres and every interaction helps individuals grow.

    What do you find most rewarding in your advisory work, and how do you navigate the challenges posed by the dynamic nature of these fields?

    The most rewarding aspect is when the deal gets closed on balanced terms. I always feel that a contract needs the active involvement of the parties along with the lawyers. If we manage to retain the client’s interest despite multiple tracks changed colour-coded versions, the document will truly reflect the understanding and the possibility of dispute is less.

    The challenges posed in this field are no different from the challenges in other fields. Typically, stubbornness is a problem one comes across in contract negotiation. Navigating stubbornness requires a lot of patience along with adopting various methodologies, like independent business team interactions, cogent examples, clear illustrations and so on.

    You’ve been an external member of many ICC(s) and have handled investigations under the POSH Act. What insights have you gained from this experience, and how do you approach creating a safe and inclusive workplace environment?

    POSH issues are very sensitive and delicate. One must understand that POSH is an impact-based law i.e. irrespective of intentions, it’s the impact on the aggrieved woman that matters. Education and training is the only method to handle this issue. If organizations conduct regular training effectively, this issue can be handled. Each organization has its own culture and methods of functioning. Thus, in the case of new employees, it is important to train and sensitize them to these issues.

    In addition to your legal qualifications, you’ve completed a course on Conflict Management from IIT, Madras. How has this course enhanced your skills, and in what ways do you incorporate conflict management strategies in your professional life?

    Conflict management through mediation is the way forward. It’s a very mature way of handling the dispute and requires the parties to be actively involved. We are required to maintain a very objective attitude many times as lawyers, but sometimes there are issues when we tend to get involved, and that’s when the learnings from this course remind us that objectivity is the key in certain roles. 

    As a Legal Advisor for Tata Teleservices Limited, you gained insights into corporate functioning, documentation, negotiation, and risk mitigation. How have these insights influenced your current role, and what key lessons did you take away from your time at Tata Teleservices?

    Tata Teleservices was a delightful experience, more so because of the wonderful corporate legal team that I was part of. While the work of an in-house counsel is different, my stint at TATA ensured I understood the end-to-end process of corporate documentation, right from proposal to the final storage of the executed document. The advantage of working in an organization that is conscious of compliance is that all stakeholders come together and apply themselves together to mitigate the possible risks. Such brainstorming exercises and detailed deliberations are very helpful. 

    You’ve conducted regular POSH training sessions for various organizations. What do you enjoy most about these training sessions, and how do you make legal concepts more accessible to a diverse audience?

    Conveying the delicate concepts of POSH needs a firm demeanour. Apart from regular methods like presentation, videos and interactions, we also use a lot of role-play to demonstrate the proceedings. While my effort is to sensitize the audience about the legal consequences that may arise should an issue arise, I also endeavour to make it clear that the mechanism is not to be misused.  We also suggest that organizations attend vernacular training to ensure that everyone gets the message clearly.

    Your expertise spans from handling litigation matters to advising on real estate transactions and now leading teams at YNZ Legal. Can you share a memorable or challenging experience from your career that has impacted your approach to legal advisory?

    One of my distinct memories related to an interesting company matter that I handled long back. The issue related to oppression and mismanagement and there was an urgency that needed us to get a quick injunction before the AGM. We worked very closely and almost round the clock with clients and counsels to draft effective pleadings to ensure that an injunction was obtained. The case was on a niche legal point and could have turned either way. We researched various cases and prepared written arguments. When the day of the hearing came, the client refused to come to the court and said that he would sit in our office and wait for us since he trusted us completely. While my senior understood, I tried convincing the client to come to the court in case we needed any instructions etc. He persisted and urged me to go on. His confidence and trust in us touched me. Thankfully, the order too came in the client’s favor.

    Apart from your legal expertise, you lead various environment-related initiatives in society. Could you share more about your involvement in these initiatives and how you believe each of us can contribute to sustainability and environmental causes?

    To be very honest, it’s a very small plastic recycling project that we do in our society voluntarily, but we have been consistently doing it since 2017. Till date, our society has contributed almost 35000 kg of plastic for recycling with the active contribution of residents. We work with various organizations who come to collect plastic waste at our doorstep. Each family is expected to segregate every bit of plastic waste that they generate like food wrappings, bottles, milk packets, pens, stationery, toothbrushes and so on for 15 days. The vehicles from these organizations pick up the plastic waste for recycling. 

    I am from Nagpur, a city that has the distinction of being a very clean and green city. I was a part of the nature club in my school days and my teacher had inspired us to be conscious towards the environment then. When I used to travel from Nagpur to Mumbai regularly during my college days, I used to see a lot of plastic being dumped on plants near railway lines. While plastic pollution is a topic for many drawing and essay competitions, concrete steps towards reducing plastic usage need to be taken by each individual and family. Once reduced, these recycling activities can be adapted for unavoidable plastic.

    Balancing a legal career with your other activities like pursuing Bharatnatyam (being a Nritya Visharad) and being an active runner and cyclist is impressive. How do you balance your professional and personal interests, and how do these activities contribute to your overall well-being?

    (Smiling)

    Time management is the key in today’s world. Of course, one cannot do everything at the same time, but if you plan the entire week or month in one go, then it’s easy to find time for most things. Our profession requires a calm and sharp mind and regular breaks with other activities help one to recharge oneself. I rekindled my interest in cycling during the lockdown, thanks to friends and it has stayed on for a long.  Bharatnatyam, again I must thank my teacher who continues to shower her blessings, and despite online classes drives the message of pursuing perfection in every class she takes. 

    Considering the evolving landscape of law and the world, what advice would you give to aspiring legal professionals and advocates who are part of the future generation, and how do you envision the role of legal experts in addressing the challenges and opportunities that lie ahead?

    In-depth reading and writing skills are very critical. As lawyers, it is not possible to learn all the laws, but if one develops the habit of regular reading it can make a difference. Along with reading interesting blogs and legal update channels that are available, I would like to repeat some advice that I got from my senior. He would insist that one should read one judgement daily and when you take the judgement, read it from beginning to end so that you understand how to appreciate the facts, arguments and the decision as well.

    Organizations are getting more and more conscious towards compliance these days. Opportunities are unlimited. Knowledge and effective communication in rich language are key essentials and one must try to develop these skills early on.

    Get in touch with Aarti (Shrivastava) Banerjee–

  • “I attribute my success to a combination of continuous learning, meticulous preparation, strategic thinking, adaptability, and dedication to my craft”- Sachiv Kumar, Senior Partner, SDS Advocates

    “I attribute my success to a combination of continuous learning, meticulous preparation, strategic thinking, adaptability, and dedication to my craft”- Sachiv Kumar, Senior Partner, SDS Advocates

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

    Could you share a bit about your journey into the legal profession, particularly what led you to specialize in Banking & Finance and General Corporate law?

    My career path is a tapestry of diverse experiences, woven together by a passion and zeal for continuous learning and a relevant drive to understand the intricate legal landscape and providing strategic solutions to complex legal challenges. 

    My Journey of becoming a corporate lawyer has been very dynamic and full of exciting professional challenges. To sum up these extremely rich and eventful years (approx. 16 years) in a few sentences/para is surely an impossible task, however when I look back, the journey has been very rewarding and no experiences, challenges and detours have gone in vain. I have handled an enormous variety of matters and legal issues pertaining to Banking & Finance, General Corporate, Real Estate and Foreign Exchange Laws.  I also have experience in handling cross border deals encompassing Singapore and English laws. 

    My legal profession began when I secured placement from my college in India’s top private bank in 2008 and as an in-house counsel gained first-hand experience with the intricacies of financial laws, regulations and varied nature of transactions including project finance, corporate lending, syndications, consortium lending, etc. Working as an in-house counsel initially in a highly reputed private bank provided me with valuable insights into the legal challenges faced by financial institutions and complex documentations. This experience sparked my interest in specializing in Banking & Finance law, as I saw the opportunity to deepen my understanding of regulatory frameworks and provide strategic legal advice to financial entities. Within 4 years of my career, I was exposed to International banking and handled work related to English Laws, Singapore Laws, DIFC laws and worked on varied complex matters pertaining to these geographies along with all tier-1 international/domestic law firms and understood the nuances of International transactions which sparked my further interest in Banking and finance.

    Moreover, my role exposed me to various corporate matters, from contract negotiations to compliance issues, structuring the deals (including cross-border) and handling the clients on a day to day basis, which piqued my interest in General Corporate laws. My early days taught me to be disciplined, versatile, multi-tasking and detail oriented. 

    “You might find it funny but my friends used to call me ‘justice’ during my early days which some of them still continue to do and I was being labelled as ‘Hawk Eye’ because of my eye to minute details”. 

    What is your approach or philosophy to winning or representing a client and how do you balance the strategic needs of your clients?

    My approach inculcates ethics that best suit clients’ needs and works towards the satisfaction of clients. I have earned a reputation for the simple philosophy of “personal and prompt service and advice relevant to modern practical requirements of business”. My out of box thinking about a particular issue and providing a solution which is in the best interest of the client is what sets me apart. I take extra care to ensure that my client feels assured, focused and on track throughout the tenure of our arrangement.

    On various occasions, pointed out to me by my clients, my ability to deeply empathize with them, being able to put myself squarely in their shoes, and suggest a course of action that is in their genuine best interests even if it means it might not be so much in my own, has

    been the reason for winning the confidence of my clients. 

    One needs to understand that while negotiating you should only speak when it is required, be articulative, put in a fair offer and add value. While negotiating contracts my approach is to have a detailed eye on the minutest thing and find a balance. I don’t believe in taking extreme approaches and keep my calm and patience even if the discussion is going otherwise . No doubt for doing a proper negotiation you need to be prepared, have subject knowledge and confidence. I make sure that I have read the agreement and related laws before my negotiations and have thought about the best and worst outcome. 

    Balancing the strategic needs of clients with legal requirements in corporate advisory involves careful analysis and communication. I prioritize understanding the client’s goals and objectives, then develop strategies that align with both their business objectives and legal compliance. This often entails conducting thorough legal research, risk assessment, and collaborating closely with the client to ensure transparency and informed decision-making throughout the process. Effective communication and proactive management of expectations are key to maintaining this balance while navigating complex legal landscapes.

    I float ideas and suggestions and have my back up ready in case the initial recommendation/suggestion fails. Also I synchronised my thoughts and executed in such a manner that the other side get convinced with my arguments and advances. I give patient hearing to the points made by the other side and then ask them questions as to ‘why’ and ‘how’ the same is relevant to a particular issue. The idea/approach is to close the deal and find out the solutions so that the business is not affected and also legal requirements are met. There have been various instances where I have been part of major negotiations with bigger law firms/companies of the country, and I have been able to get the deal done in favour of my client with my negotiation skills and understanding of laws.

    With your extensive experience in both Indian and English law, could you highlight some of the key differences you’ve encountered when handling cross-border deals?

    Though Indian laws are based on common law principles, there are lots of differences between the two. The distinctions between Indian and foreign laws (including English Laws) encompasses various aspects, including the way commercial contracts are drafted, legal frameworks and jurisdictional principles, contract formation requirements, dispute resolution mechanisms, regulatory environments, and taxation considerations. 

    In most of the foreign geographies including England, there is no concept of stamping the contracts (except the debenture for mortgage of immovable assets), unlike India. There is no requirement of signing each and every page and only the last page is signed and executed as the burden of proof lies on the person denying the execution.  Anything above 2 (two) % of default interest is treated as damages, which can only be awarded by the courts, treatment of fixed and floating charges by the authorities under insolvency process. The loan agreement in foreign geography is based on standard Loan Market Association (‘LMA’) format in UK/European Countries and Asia Pacific Loan Market Association (“APLMA”) format which is a guiding factor and works as model loan agreements for use in various transactions and jurisdictions. Additionally, the compliance requirements, licensing procedures, and reporting obligations are slightly cumbersome in India unlike foreign countries which impacts the structuring and execution of cross-border transactions.

    Further, in Singapore, providing upward/cross guarantees are not easy unless some commercial consideration and corporate benefit is involved between the subsidiary (guarantor) and holding company. There is no requirement of board resolution in Singapore and the extract of ACRA is sufficient proof to evidence the persons authorised on behalf of the Company to execute the documents. 

    Your accolades speak volumes about your contributions to the legal industry. What do you attribute your success to, and how do you stay ahead in such a dynamic field?

    A lawyer’s work is perpetually exciting and stimulating. Please refer to the answer given in Question no.2 above, which is required to win your client and stay ahead in this dynamic field.

    Further, I attribute my success to a combination of continuous learning, meticulous preparation, strategic thinking, adaptability, and dedication to my craft. In such a dynamic field of law, staying ahead requires staying updated on legal developments, networking with peers, and being proactive in seeking out new opportunities for growth and innovation. Additionally, maintaining a strong work ethic and a passion for the law has been essential in staying ahead in this competitive environment.

    What sets me apart is my ability to understand clients’ wants, empathise with them, and ensure desired results in a time bound manner. Professionalism and courtesy towards my clients are my distinctive traits. One of my notable attributes is attention to detail and to leave no margin for errors. Reading large amounts of research, absorbing facts and figures, analysing material, and distilling it into something manageable is my key feature. In order to ensure that my clients feel assured and satisfied, I pass a legal problem through multiple screens and filters and subject it to multiple revisions to ensure a favourable outcome. 

    Further you need to be innovative in approaching clients nowadays as they have multiple options to get the desired result and to break the ice in this competitive environment one needs to be equipped with the target sectors. One of the innovative ways to get client’s attention is to keep updating your practice areas, your portfolio and your recent achievements on your website and periodically sharing information on various social media platforms and across various legal networking websites so that clients have easy access to them. Our team does extensive research on various RBI & SEBI Notifications/Circulars, Important Judgments and creates “Articles/Newsletters” and sends them to my clients so that they are informed about the latest changes in law. We are trying to focus more on making ourselves available and accessible digitally. Additionally, I also stay updated by reading newsletters/articles by other law firms and publications by legal databases/journals.

    Given your expertise in areas like Fintech Laws and Digital Lending, could you shed light on some emerging trends or challenges you foresee in these sectors?

    Certainly, In the rapidly evolving landscape of Fintech laws and digital lending, there are several emerging trends and challenges to consider:

    1. Regulatory Compliance: As Fintech innovations continue to disrupt traditional financial services, regulators are working to keep pace with new technologies while ensuring consumer protection and financial stability. Compliance with evolving regulations such as sandbox regulations, AIF regulations, Digital lending Guidelines, Digital Personal Data Protection Act, 2023, GDPR, and AML/KYC requirements, etc. remains a significant challenge.
    2. Data Privacy and Security: With the increasing digitization of financial services, the protection of sensitive consumer data/personal data becomes paramount. Fintech firms must navigate complex data privacy laws and implement robust security measures to safeguard against cyber threats and data breaches and would need to strictly adhere to DPDPA, 2023, otherwise there may be huge penalties.
    3. Digital Identity Verification: As digital lending platforms gain popularity, the need for reliable methods of identity verification becomes critical. Fintech companies are/should explore innovative solutions such as biometric authentication and blockchain-based identity verification to streamline the lending process while mitigating fraud risks.
    4. Default Loss Guarantee (‘DLG’): With RBI coming with an overall cap of 5% on DLG structure to the LSP under Default Loss Guarantee Guidelines and all-in-cost mechanism, the Fintech’s/FIs are finding it difficult to the do the business and time and again clarity has been posed to RBI.

    Navigating these emerging trends and challenges will require collaboration between Fintech firms, regulators, and other stakeholders to foster innovation while maintaining trust and stability in the financial system.

    Handling diverse finance deals, from ship financing to asset-backed finance, must present unique challenges. Can you share a particularly memorable or challenging deal you’ve worked on and how you navigated it?

    It’s very hard to think of a memorable or challenging deal as there are quite a few and I encounter the same ‘now and then’ and I have always believed in taking up challenges and don’t like doing work where there are no challenges. The recent being the resolution of Reliance Commercial Finance and Reliance Home Finance Limited, where the matter went up to Supreme Court where the issue encompassed SEBI circular, RBI framework on stressed assets, debenture holder rights, etc. 

    Though each case presents unique complexities, but with my ‘out of box thinking’, greater and clear understanding of the issue and by staying adaptable and keeping abreast of legal developments, I am able to overcome these challenges. I think from 360 degree on any problem and filter my thought process. My approach inculcates ethics that is best suited for clients, and I ensure to put their interests over and above everything. I act with reasonable diligence and promptness in representing a client and patience and never-giving attitude is the key. 

    In your experience, what are some common misconceptions/expectations that corporate clients have, and how do you address them?

    Some common misconceptions clients have:

    1. Cost: As there are a variety of corporate clients ranging from start up to mid-size and mid-size to big one, clients sometimes think that hiring a corporate lawyer will be too expensive. But we have modelled various categories of fee structures which are tailor made depending upon the complexity of matter and size of the corporation we are dealing with. For mid-size companies, we also offer a flexible retainership monthly model and navigate their day to day issues at a reasonable cost.
    2. Complexity: Clients sometimes believe that corporate law is overly complex and difficult to understand. We simplify legal concepts, providing clear explanations, and guiding them through the process step by step.
    3. One-size-fits-all solutions: Clients might assume that corporate legal solutions are standard and apply universally. We provide tailored legal advice to the specific needs and circumstances of each client’s business and tell them how a particular agreement cannot be used for some other deal.
    4. Timeframe: Clients may expect quick fixes or immediate results, underestimating the time required for structuring a complex contract or legal processes involved in achieving a desired result. We normally manage the expectations and provide realistic timelines so as to give quality services. In case of any urgent matter, we make sure that clients meet their deadlines even if we have to work extra hours.
    5. Importance: Some clients may not fully appreciate the critical role that corporate lawyer plays in protecting their business interests but in our discussions we have highlighted the potential risks of non-compliance and the benefits of proactive legal strategies.

    By addressing these misconceptions through clear communication, education, and personalized attention, corporate lawyers can help clients better understand the value and importance of their services.

    With your wealth of experience, what advice would you give to young lawyers aspiring to specialize in Banking & Finance and General Corporate law?

    Banking & finance is a wide spectrum. Being a banking lawyer gives you exposure to a wide variety of laws and clients. It encompasses lending, fintech lending, real estate, project finance, NCDs, Securitisation, syndications, issuance of equity, fund creation, etc. Not only as a banking lawyer but being a corporate lawyer requires resolute, unwavering, and fierce commitment to underlying principles of understanding and applying the laws. Needless to say, smart work coupled with hard work is the ultimate combination. 

    Some of my advice to young lawyers aspiring to specialize in Banking & Finance law or otherwise in any area of law would be:

    1. Passion and Zeal: First and foremost unless you are passionate and have the zeal to achieve, you cannot achieve the desired result. One needs to be mad for this profession and there is nothing called work-life balance, if you want to be successful in this profession. You need to make law your life and your life should be dedicated to law.
    2. Dream Big: Unless you dream, your dreams will never turn into reality and if you have to dream then why to dream small.
    3. Observe and Focus: Students must be very focussed during internships and should learn as much as they can and should not be in a hurry to leave early. Apart from learning legal knowledge, in my view internship is all about understanding the traits of becoming a lawyer. One should observe his/her seniors and learn the trick of the trade.
    4. USP/Impact: Create your own USP and be different from others. Make your presence felt. Please remember that it does not matter what you do, but it matters what impact and impression you create, when you leave the place.
    5. Delivery: Deliver more than what is expected.
    6. Responsible: Be responsible for your work and take onus for any mistakes. Committing a mistake is not an issue, but repeating the same and not admitting your mistake is a big problem amongst the current generation. Don’t give justification for your mistakes. Just admit it and move on. 
    7. In-depth Knowledge and Continuous Learning: Focus on building a solid understanding of  laws, including corporate law and financial principles. Read the books and bare acts instead of google research. Google is for reference and not the source of your opinion. Stay curious and open to learning. The legal landscape is always evolving, so ongoing education and professional development are critical for long-term success.
    8. Stay Updated: Keep abreast of industry trends, regulations, and market developments. The banking and finance sector is constantly evolving, so staying informed is key.
    9. Develop Analytical Skills: Hone your analytical skills to assess complex financial transactions and corporate structures. Attention to detail is paramount in these areas of law.
    10. Inter-personal skill: Build relationships with professionals in the field, including clients, mentors, and peers. Networking can open doors to opportunities and provide valuable insights. Develop strong communication skills, both written and verbal. Clear, synchronised thoughts and concise communication is key for a lawyer. One should be able to express what they think.
    11. Integrity and Professionalism: Lastly, uphold the highest ethical standards and act with integrity in all your dealings. Trust and credibility are invaluable assets in the legal profession.

    Get in touch with Sachiv Kumar-

  • “I strongly believe if you are clear on your fundamentals and have the right discipline, you can easily sail through different sectors and areas of practice”- Esha Chakravarty, Chief Compliance Officer and Group General Counsel Cloud4C/CtrlS

    “I strongly believe if you are clear on your fundamentals and have the right discipline, you can easily sail through different sectors and areas of practice”- Esha Chakravarty, Chief Compliance Officer and Group General Counsel Cloud4C/CtrlS

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

    Can you walk us through your journey from starting out as a lawyer to becoming the Chief Compliance Officer & Group General Counsel at CtrlS Datacenters & Cloud4C? What pivotal moments or experiences influenced your career trajectory?

    I am a first-generation common law jurisdiction qualified lawyer and my professional journey in the realm of corporate/commercial law and compliance domain commenced in the year 2008. I however started working practically full time whilst I was in my second year of the 5 years integrated LLB degree.  The actual reason why I decided to pursue law is because I wanted to appear for the civil service examination. However, once I started pursuing my degree, I decided to change course.  To be honest, law is one of the most nepotistic professions with a strong web of family legacy creating a launch pad for the next generation in their family. As is the case with any first-generation lawyer who does not have any legacy support in this profession, I did have my fair share of challenges, both academically as well as professionally, at the nascent stage of my career. Whilst it appears like an incident from another lifetime, during moot courts, I recall my fellow students having very well drafted and researched memorials using the resources, support and guidance of their parent’s chambers whilst me having to struggle in this front given the lack of support.  Likewise, for getting my first internship, given the fact that my college was new back then with no well established up and running placement committee, I recall several days of door to door walk-in interview attempts in the law firms based out of Fort Mumbai.  However, I finally did succeed in getting my first internship with Legal Pundits, a case law repository portal.  I was very active in my college and participated and won various intra as well as inter college debates, GDS, Moots including state levels. I strongly when one is determined and clear as regards one’s intent, guidance and support comes from unusual and unexpected quarters. 

    Whilst interning at Legal Pundits, I participated in an Exhibition where Legal Pundits had put up a promotional stall. Whilst participating in the stall, I happened to meet a solicitor who was kind enough to guide me to pursue my articles for the solicitor’s exam if I were serious about learning and building a career in this profession.  Post my short stint in Legal Pundits, I wanted to pursue a litigation-based internship opportunity. However, as luck would have it, I was guided by a Senior Counsel, Mr. Naveen Parekh, whom my father engaged in one of his matters. Mr. Parekh  guided me on the constraints inherent in litigation, both from timelines and financial standpoint and suggested that I must try getting into a corporate law firm given the potential and scope.  As luck would have it, there was a sole placement posting by DPA, a corporate law firm in my college. I got into DPA and signed up for a 3 year article ship. 

    The advantage of interning in a small firm is that you get to handle all kinds of work and get tremendous exposure in all domains, be it work or billing or relationship management. I worked in DPA whilst pursuing my law degree and whilst it was tough to juggle between academics and full time internship, the tenure at DPA and the rigorous training and work pressure laid the groundwork in shaping me as a professional in the realm of discipline, hard work, tenacity and proactive approach.  When you have limited choices, you learn to make the most of whatever comes your way. I appeared for the solicitor’s exam and cleared all my papers. I however missed my degree by 4 marks!

    After my stint at DPA, where I got exposure to general corporate, commercial contracts, PE deal and real estate, I joined Majumdar & Co., after graduating in 2008 where I worked with Mr. Neerav Merchant, a partner handling general corporate and real estate for over 3 years.  My stint at Majumdar & Partner has played a crucial role in my professional journey.  This is because the level of discipline, diligence and focus on quality of work, be it research, drafting or client relations at Majumdar helped me inculcate the right values professionally. 

    After working in law firms for over 7 years, I decided to move inhouse. Post my transition into Aegis, the ITES arm of Essar group, the journey has been upwards and onwards with amazing exposure to both IT and manufacturing sectors thanks to my stint at UPL, an agrochemical company, Datamatics, an IT/ITES company, Nuvoco Vistas Corp, a top tier cement manufacturing company and now finally in CtrlS Datacenters Ltd., and Cloud4C as CCO and Group GC. 

    With your diverse background spanning law firms and in-house roles across various industries, what motivated you to transition between different sectors and types of legal practice?

    Whilst I was working with the law firms, I got the opportunity to work on matters pertaining to different sectors, including IT/ITES, Pharmaceutical, Agro-Chemical, Heavy Industry i.e., coal and oil, Production Houses, FMCG. When you have clients from different domains and are working on different sets of issues, you invariably work on very stringent deadlines and have no choice but to acclimatize yourself as regards the relevant nuances, key variables and the sector specific issues that will have an impact on your advisory. This initial training helps you manage your time well, focus on what really matters to ensure quick turn-around and time bound support. At times whilst working as external consultant, the position adopted by in-house counsels that were not in sync with academic legal advice baffled me. I therefore was very keen to move in-house to get a well-rounded perspective and understand what are the factors that go into the decision-making process. My training and exposure in the law firms equipped me to handle and manage issues pertaining to different sectors with ease.  The motivation therefore to work for different sectors and areas of practice was the keen desire to learn, understand and eventually add value to whatever I sign up for. The different types of work also break the in-built monotony as you are always on your toes tackling new issues. 

    I strongly believe if you are clear on your fundamentals and have the right discipline, you can easily sail through different sectors and areas of practice. 

    Your expertise encompasses compliance risk management, corporate legal, and litigation domains. Could you share some key challenges you’ve faced in these areas throughout your career, and how you’ve addressed them?

    The mindset and the preparation that is needed in a corporate commercial domain as against litigation and compliance is different at many levels. However, there is a clear interdependence amongst various verticals. Whilst every role and stent had its own set of challenges, if I were to summarize the key challenge that has been common across various roles and sectors is getting your stakeholders and internal clients to appreciate your position and the rationale behind your advisory to ensure that the role of legal and compliance is not looked upon as a mere “paper pushing” activity and that cost and consequence of non-compliance is understood and factored in. Working on stringent timelines with quick turnaround time certainly cannot be labelled as a challenge but is a natural incidence of the profession and one has to make peace with it.  On some occasions, I did face mansplaining, gender and age based adverse presumption and the consequent loss of opportunities given the inherent bias. However, I could manage to overcome these roadblocks and I must acknowledge the support of all my mentors and seniors in my workspace who helped me navigate and sail through the various challenges. There are certain key non-negotiable parameters to tackle challenges. For me it was being highly proactive, taking total ownership of what you sign up for, being empathic and ensuring that folks can count upon and trust you in all your endeavors. 

    Given your extensive experience in compliance risk management, what strategies do you find most effective in developing and implementing compliance frameworks within organizations, particularly in multinational contexts?

    This is a very crucial question and goes to the heart of the inherent challenges in the risk and compliance domain. The most important strategy is to impress upon all the stakeholders that compliance is a necessary business cost and that you have to do things right the first time to set the right tone and context.  The function of compliance is very intense and all-encompassing from a process, protocol and implementation standpoint and the key strategy is to create a culture of compliance. Setting the right tone from the top is equally crucial.  Compliance is not a function in isolation and it certainly is not a one man show!  For me, as a part of effective compliance strategy, the key elements have been (a) Setting the right tone from the top; (b) Keeping abreast with the latest tools/tech and implementing the same to effectively monitor and reduce manual errors; (c) Robust training and awareness programs; (d) Continuous internal and external diligences; and (d) Ensuring that there are well defined consequences in place in case of non-compliance. 

    You’ve worked with top-tier international law firms as well as leading corporates and MNCs. How do you navigate the differences in culture, priorities, and working styles between law firms and in-house legal departments?

    With the increased focus on compliance, cost management and time bound advisory, the in-house role has become more all encompassing and challenging. I know of some of my friends who transited from top-tier law firms to in-house and were in for a rude shock. They presumed that after their stint in law firms, an in-house role would be a cake walk. Honestly, they were in for a rude shock.  In an in-house space, the buck does not stop with simply giving an opinion and/or representing and you have your skin in the game vis-à-vis ensuring that you make all the stakeholders understand the risk to effectively manage and ring fence the exposure. Also, on any given day, when you are leading the legal and compliance function, you navigate through multiple issues. For example, in a single day, you will have issues ranging from reviewing a high value contract, to advising on HR issues having legal implications, to working on a PE deal, to finalizing the pre-litigation strategy to ascertain gaps in compliance management, policy updates and on and on.  Whilst at in-house, your internal clients are lay man and they may have different levels of sensitivity and maturity vis-à-vis risk management.  Making them see through and appreciate your rationale is a challenge that is only there in the in-house domain. 

    Data protection laws and regulations, such as GDPR and the UK Data Protection Act, have become increasingly complex and stringent. How do you ensure that your organization stays compliant with these evolving standards, especially in the realm of cloud services?

    As I said, compliance and evolving regulation is a function of business and my job is to ensure that the operational and Infosec alignment are in place in sync with the ever-expanding requirement.  We do this via keeping ourselves abreast with the latest developments in law,  updating our policies, implementing necessary technical and organization measures, continuous training, and creating an ecosystem that has cross functional review and risk assessment measures in place. 

    In addition to your legal responsibilities, you’ve also managed various real estate, IPR, employee, and franchise-related matters. How do you balance the demands of these diverse legal areas while maintaining high standards of legal counsel?

    My initial training of around 7 years in the law firm where we catered to clients from different sectors and advised on different issues helped me develop the right base to work and manage a variety of issues.  However, it is also important to keep in mind that managing manifold matters is not a one man show. At a leadership level, finding the right resource and external advisors having the necessary subject matter expertise has also helped in tacking and managing issues effectively. 

    As someone with extensive experience and success in the legal field, what advice would you offer to fresh law graduates or aspiring legal professionals looking to build a successful career in today’s competitive legal landscape?

    My advice to fresh law graduates is that there is no short cut and instant gratification in this profession. You must sign up to be a lawyer if you are in for a long haul! There is no option but to be prepared for continuous hard work. You will have to be very patient and tenacious. If you do not like reading, do not even think about getting into law for reading and law goes hand in hand. It is imperative to bear in mind that given the nature of the profession, it is very important to remain objective and detached to manage stress better and do justice to the matters you are handling. This profession is very demanding and you will invariably have to invest long hours, work on the weekends and make many sacrifices at personal front. It is therefore important to have a good support system.  Focus on continuous learning and have an open mind. Ensure that you are dependable and can be trusted professionally. 

    Get in touch with Esha Chakravarty-

  • “Put in all your heart and soul in learning all there has to be learnt in whatever field of law you want to practice and trust me truckloads of money will follow you eventually” – Gaurav Miglani, Managing Attorney at Worldwide Intellec.

    “Put in all your heart and soul in learning all there has to be learnt in whatever field of law you want to practice and trust me truckloads of money will follow you eventually” – Gaurav Miglani, Managing Attorney at Worldwide Intellec.

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

    Starting with your journey, could you share with us how you began your career in law, particularly focusing on your early days and what drew you to specialize in Intellectual Property matters?

    A career in law was almost a given, since I grew up seeing my father, who’s also a lawyer, burn the midnight oil to build up his law practice and how despite putting in hours and hours of his day in his cases, he never seemed to get tired, his determination fuelled by the sense of satisfaction he derived from achieving justice for his clients. Since my father’s practice primarily focuses on IP law, my own interest in this branch of law was undoubtedly influenced by him. However, I also consider myself fortunate to have entered the legal profession during a pivotal moment in India’s legal landscape, when our laws were being amended to ensure they are TRIPS compliant. This period marked a significant turning point in the discourse surrounding intellectual property in India, and I was eager to be a part of the dynamic debate and evolution within this field.

    Being actively involved in organizations like the International Trademarks Association (INTA), what inspired you to take up leadership roles in the organization, and what are some of the key responsibilities you undertake in your current positions?

    I was fortunate to become a part of INTA early in my legal career, joining from the very first year I became a lawyer. INTA has played a crucial role in broadening my understanding of IP law, not just within the context of India but also on a global scale, keeping me informed about the latest developments and trends in the field and forging lifelong friendships with lawyers around the world. As I dedicated my efforts and time to volunteering with INTA to advance its objectives, I found myself taking on leadership roles within the organization.

    Currently, I have the privilege of serving as the Chair of INTA’s enforcement committee, which is an integral part of INTA’s Advocacy Group. In this capacity, my responsibilities are to lead a team of about 180 members from around the world examining legislations and IP policies worldwide, particularly focusing on enforcement issues. We advocate on pressing matters in IP, aligning our efforts with INTA’s established positions on these issues. It’s truly fascinating work, and I find great satisfaction in contributing to the advancement of IP law on a global scale.

    As the Managing Partner of Worldwide Intellec, you hold a significant leadership role within the firm. Could you tell us about your responsibilities in this position and how you navigate the balance between overseeing the firm’s operations and continuing to actively engage in legal practice?

    Running your own firm, regardless of its size, presents a stark contrast to being solely a practicing lawyer. The role of a Managing Partner encompasses a multitude of responsibilities beyond legal matters. It involves overseeing operations, managing human resources, ensuring efficient billing processes, and ultimately taking accountability for anything that goes wrong, regardless of its origins. My responsibilities extend to maintaining a comprehensive overview of all aspects of the firm’s functioning.

    While I refrain from micromanaging every detail, as it’s neither feasible nor conducive to productivity, there are instances where my intervention becomes necessary. Striking the right balance between attending to the firm’s administrative needs and continuing to actively engage in legal practice is indeed a delicate task. It entails allocating time effectively to both facets of my role—nurturing the growth of the firm while also fulfilling my duties as a practicing lawyer.

    In your opinion, what are some of the biggest challenges currently facing the field of Intellectual Property, and what steps do you think can be taken to address them effectively?

    In my opinion, one of the most pressing challenges confronting the field of Intellectual Property (IP) is the rise of artificial intelligence (AI) and its implications for IP law. While it’s challenging to single out one issue as the most significant, the rapid advancement of AI presents a formidable obstacle and challenges the very fundamentals of IP law. The trajectory of AI development is bound to test the boundaries of IP law in unprecedented ways.

    As AI continues to evolve, we’re encountering complex questions regarding ownership, authorship, and the protection of creations generated by machines. It’s inevitable that we’ll need to grapple with the legal frameworks surrounding machine-created inventions. Embracing AI-driven innovations will necessitate a re-evaluation of existing IP laws to ensure they remain relevant and effective in the face of technological progress.

    As the Chair of the Enforcement Committee and Co-Chair of the Global Advisory Council for South East Asia at INTA, what are some of the key initiatives or projects you’ve been involved in, and how do they contribute to the field of Intellectual Property enforcement?

    As part of the Enforcement Committee at INTA, I’ve had the privilege of being part of various initiatives that significantly contribute to the field of Intellectual Property enforcement.

    One notable project we recently undertook within the Enforcement Committee was the comprehensive evaluation of laws pertaining to preliminary injunctions across more than 60 countries worldwide. This involved analysing existing practices and identifying best practices in this aspect of IP law. Additionally, we conducted a thorough examination of laws concerning the grant of damages in several jurisdictions, pinpointing areas where legislative gaps exist and improvements are needed.

    These endeavours resulted in the formulation of board resolutions by INTA, reflecting the collective insights and recommendations of our team. Witnessing the culmination of efforts into concrete policy positions is immensely gratifying. It underscores the importance of collaborative efforts in shaping the landscape of IP enforcement.

    You’ve been invited to speak at various seminars and conferences worldwide on Intellectual Property issues. Could you share a bit about the topics you’ve addressed and the experiences you’ve gained from these speaking engagements?

    I have been fortunate to have the opportunity to share my experiences and insights in the field of Intellectual Property (IP) law at numerous seminars and conferences worldwide. Each of these engagements has played a pivotal role in broadening my perspective and deepening my understanding of various facets of IP.

    From conducting IP awareness programs aimed at educating stakeholders about the importance of intellectual property rights, to delving into complex topics such as digital rights management and copyright law, I have had the privilege of addressing a diverse range of subjects. These speaking engagements have allowed me to engage with audiences from different backgrounds, facilitating meaningful discussions and exchanges of ideas.

    One particularly notable experience was speaking in Geneva at the 15th session of the Advisory Committee on Enforcement (ACE) convened by the World Intellectual Property Organization (WIPO). This platform provided an invaluable opportunity to contribute to discussions on global IP enforcement strategies and initiatives, alongside esteemed delegates from around the world.

    In today’s digital age, online infringement of intellectual property is rampant. How do you approach the challenge of protecting your clients’ IP rights in the virtual realm, particularly in the face of emerging threats like deepfakes and AI-generated content?

    In today’s digital landscape, the rampant infringement of intellectual property (IP) online presents a formidable challenge for lawyers tasked with protecting their clients’ rights. What I’ve learned is that there’s no one-size-fits-all strategy in this world. Each case presents its own unique complexities, and what works in one instance may not be applicable in another.

    Emerging threats like deepfakes and AI-generated content further complicate matters. While it’s tempting to rely solely on legal frameworks to address these challenges, the reality is that a multifaceted approach is necessary. As the saying goes, “When all you have is a hammer, everything looks like a nail.” Instead, the solution lies in a combination of technology and law.

    Integrating technological solutions alongside legal strategies can enhance our ability to combat online infringement effectively. This might involve employing digital tools for monitoring and detecting unauthorized use of IP, implementing robust encryption and authentication measures, and leveraging artificial intelligence for proactive enforcement measures.

    By embracing a holistic approach that incorporates both technological advancements and legal expertise, we can better safeguard our clients’ IP rights in the virtual realm. It’s imperative that we remain adaptable and innovative in our approaches to address the evolving landscape of online infringement.

    Apart from your professional endeavours, do you have any personal hobbies or interests that you enjoy pursuing in your free time?

    Well, between the demands of practicing law and running a firm, free time is a rare commodity. But when I do manage to carve out some moments, I like to retreat to my first love – music. Playing the piano has always been a passion of mine, and I’ve even set up a small recording space of my own. It’s my go-to sanctuary when I need a bit of solitude and creative expression amidst the hustle and bustle of professional life.

    Given your wealth of experience, what advice would you offer to the current generation of professionals aiming to build a successful career in law, particularly in the realm of Intellectual Property?

    The practice of law can be very demanding. Do not give up, and do not work for money in your formative years. Put in all your heart and soul in learning all there has to be learnt in whatever field of law you want to practice. And trust me – truckloads of money will follow you, eventually!

    Get in touch with Gaurav Miglani–

  • “I think it’s important to bear in mind that we always need to keep our clients’ interests paramount and advocate their cases accordingly, whether before a regulator or across counterparties in any deals”- Rohan Kumar, Partner at Quillon Partners

    “I think it’s important to bear in mind that we always need to keep our clients’ interests paramount and advocate their cases accordingly, whether before a regulator or across counterparties in any deals”- Rohan Kumar, Partner at Quillon Partners

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

    Can you share with us what initially sparked your interest in pursuing a career in law, especially in the field of corporate transactions and mergers and acquisitions?

    From my days in high school, when I needed to make a decision on my career, I was quite clear that I wanted to take up a career in law. I felt that a legal career would give me flexibility across other disciplines as well, such as journalism (which was my second option). While all my internships in law school were with litigators and litigation firms, I realised thereafter that my interest and skill sets were more suited to corporate transactions. Having said that, I still believe that all young lawyers should ideally start off with a litigation practice to gain an understanding of our courts system. Contracting, conveyancing and litigating in the courts (or in arbitration) are all inter-connected. If you look at any of the older generation of lawyers, they are equally comfortable in a court, arbitration process, or negotiating an M&A or financing deal.

    With over a decade of experience advising clients across various sectors, could you highlight a pivotal moment or experience that solidified your passion for corporate law?

    I don’t think I can highlight any one moment. It’s a gradual process. Certainly, after the initial 3-5 years of practice, I did see myself working as a lawyer long-term and I continue to enjoy my work. The regulatory developments and changing business requirements ensure that there’s always a challenge to confront.

    You’ve worked with esteemed law firms in India for several years before joining Quillon Partners. How did these early experiences shape your understanding of the legal profession and influence your career trajectory?

    Each experience was unique and fulfilling. I have been extremely lucky to always have worked with not just wonderful lawyers, but wonderful human beings. My early experiences taught me the value of attention to detail, hard work and the right attitude. The rest will fall in place.

    Your representative experience includes advising on significant transactions such as fundraise, investments, and mergers. Can you walk us through one of the most challenging projects you’ve tackled and the strategies you employed to navigate it successfully?

    I was advising a client on a fast-track merger sometime around 2017-2018, which is when the provisions had been recently introduced and notified. The process was getting delayed, impacting the companies’ operations. We didn’t really have a template process / precedent to follow, other than the merger approvals under the regular S.230-232 provisions. I decided to appear before the Regional Director’s office to allay their concerns, pointing out relevant precedents under the regular S.230-232 provisions and we managed to secure the approval shortly thereafter.

    Another challenging project was securing merger-control approval from the CCI back in 2013. It was one of the first merger-control filings our office was handling (the merger-control provisions had been notified a few years previously).

    I think it’s important to bear in mind that we always need to keep our clients’ interests paramount and advocate their cases accordingly, whether before a regulator or across counterparties in any deals.

    Having published articles on key reforms proposed by India’s capital markets regulator, could you discuss the importance of staying updated with regulatory changes in the legal field, especially in your area of expertise?

    I cannot overemphasise the importance of staying updated with regulatory changes and developments. This impacts the advice we give our clients on a daily basis, whether in terms of structuring transactions or negotiating an investment. It’s a key differentiator in providing high quality and effective advice.

    Transitioning from the Bangalore office to the Mumbai office of Quillon Partners, what factors contributed to this move, and how has it impacted your professional growth?

    It’s been a wonderful experience, with a new set of challenges. It’s really taken me out of my comfort zone, but I have enjoyed the transition. Of course, it’s helped that I continue to work out of both the Mumbai and Bangalore offices and get to enjoy the best of both worlds. As an M&A lawyer, it just made sense to make the move, but I also needed to be sure of working with the right set of people. In a world that’s increasingly interconnected and where physical boundaries no longer remain a challenge, I felt it shouldn’t really make a difference, whether I’m based out of Mumbai or London or Singapore.

    Drawing from your extensive experience, what advice would you offer to law graduates aspiring to specialize in transactional law and navigate the complex landscape of corporate transactions and mergers?

    Don’t stop learning. Whether we have completed 5 years or 15 years of post-qualification experience, we need to keep learning, given the demands of this profession. Don’t restrict yourself to strictly ‘legal’ knowledge. Expand your horizons of learning. Keep abreast with great cinema, the arts and culture. This better informs your skill sets, especially soft skills, which is invaluable as a lawyer.

    Get in touch with Rohan Kumar-

  • “As Inhouse counsel, I have learnt how to mitigate the Legal risk, and started thinking like a Business man so that transactions can be materialized in a legal framework, also Team handling is a major learnings which came over the period of time”- Akhilesh Kumar, General Counsel at MBD Group

    “As Inhouse counsel, I have learnt how to mitigate the Legal risk, and started thinking like a Business man so that transactions can be materialized in a legal framework, also Team handling is a major learnings which came over the period of time”- Akhilesh Kumar, General Counsel at MBD Group

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

    Can you share with us your journey into the field of law? What motivated you to pursue this career path, particularly focusing on corporate and securities laws?

    It was continuously new learning every day and at every stage of my journey in the field of Law. After my law college and enrolment at Bar Council my first Guru is Sr. Advocate Mr. Kamal Nayan Choubey. He is one of the best Sr lawyer and legal luminaries practicing at Patna High Court. I have learnt a lot from him. He taught me court crafting and also taught me how much dedication is required to practice the law. During Practice I have also worked as Advocate Member at Mobile Lok Adalat under Bihar Legal Services Authority, also while practicing as a junior advocate associates with Sr Advocate Mr. K.N. Choubey I was thinking and dreaming about the in-house counsel’s/Legal Managers role in the corporate houses who earns well and dresses well, although my senior K.N Choubey ji was not in favour me to join any corporate houses.. as he used to say and pass comments on me jokingly that what In house counsels earn monthly you can earn more than that daily. But I had decided to join corporate house so started as Legal Manager at Pacific Development Corp Limited (Pacific Group, Delhi),  then joined Treasure World Developers Pvt Ltd at Indore M.P, then returned to Delhi again and joined Omaxe Ltd. as Chief Manager Legal, then GM Legal as SGS Group and presently working as Head of Legal at a large conglomerate MBD Group, it is clarified here that while you work as Head of Legal team then you have to have good knowledge in all field of Law, not specific. However, during my journey additionally, I did LLM in Corporate and Securities Law, Diploma in Cyber Law, PG Diploma in Human Rights, which helps me while dealing with the matters pertaining to the respective laws.              

    With such a diverse educational background ranging from botany to law, how do you think your interdisciplinary knowledge has influenced your approach to legal practice, especially in the realms of corporate law and litigation management?

    In the initial days, after my 10th I wanted to become a Scientist who has knowledge of plants/medicines so that I can formulate life saving drugs and Plant tonics, hence in 12th course taken Biology and thereafter in graduation Botany Hons. However, a litigation in my family changed my journey from Scientist to Lawyer/In House Counsel. Certainly the knowledge of Science always helps me in thinking systematically and with utmost patience in finding the right solution to any situation, because study of science requires a systematic approach and patience for the end result.      

    You’ve worked with various esteemed organizations in different capacities such as GM-Legal, Corporate Counsel, and Chief Manager-Legal. Could you elaborate on how each role has contributed to your growth as a legal professional?

    Fortunately , I always got the lead role in the Legal Team in my past organizations since starting as Legal Manager in Pacific till Legal Head in MBD, but yes each role has contributed to my skills and experience whatever I have at present time. Every organization has its own working style/process and each organization teaches something new, Like, while I was appointed first time Legal Manager then I learnt how to work in the corporate culture which is altogether different from working with a law firm or designated Sr Advocate. Nature of work is also different. As inhouse counsel you work as a Client who knows the Law/court procedure and deals with the matter through external counsel. As Inhouse counsel, I have learnt how to mitigate the Legal risk, and started thinking like a Business man so that transactions can be materialized in a legal framework, also Team handling is a major learnings which came over the period of time.    

    Having handled litigations across a wide spectrum including commercial disputes, arbitration, consumer forums, and more, what do you consider as the most challenging aspect of litigation management, and how do you navigate through it effectively?

    I have learnt that for proper management of any litigation of any nature the main thing is the collating the documents and relevant information pertaining to the case, management of case files, means one should must have grip on the facts of the matter and complete documents handy in the court , what and when to be presented before the court that is called court crafting and handling of litigations. Proper management of facts and documents increase 80% chances of winning the case and 20% merit in the matter. You do not require to explain to the Court what is Law but require to present your matter/facts events wise with all the supporting documents/information.   

    Your expertise extends to drafting a myriad of legal documents and agreements. Could you walk us through your approach to drafting and vetting contracts, ensuring clarity and legal compliance?

    I personally enjoy drafting, vetting and negations on the terms of the Agreement and drafting/vetting of the Legal Documents. It is an art and comes gradually when you practice more and more. While drafting I start visualizing the events and consequences of the things not covered in your drafting. For example, if I draft any Construction Agreement on behalf of the Owner who desires to build a building on his plot, then I place myself in the place of Owner and think like Owner and start visualising the consequences of not covering in the Clause of the specific events which eventually shall take place.         

    As a legal head, you’ve been involved in mergers, acquisitions, and other corporate transactions. What strategies do you employ to ensure smooth legal processes in such complex endeavors?

    I try to understand the exact requirement of the Management/Stakeholders and then start collating the data/information and documents. Thereafter we make a team of professionals who shall perform the work in a legal framework and achieve the desired goal.        

    Over your 16+ years of experience, what have been the most significant shifts or developments in corporate law and litigation management, and how have you adapted to these changes?

    There are several changes taken place and still going on day by day, like some Acts/Law changed such as Company Law, amendments in Arbitration, RERA law introduced, forum changed like Company law board to NCLT,  new RERA and Tribunal introduced, also some new Acts introduced like Insolvency and Bankruptcy Code and for litigation management changed from manual management to digital management. Legal profession requires regular updates and demands one should be always adaptive with the changes either in law and technology.  

    Finally, considering your vast experience and achievements, what advice would you offer to fresh law graduates aspiring to embark on a similar career path in the legal field, particularly focusing on corporate law and litigation management?

    I would suggest being dedicated and focused on the subject, because it is not a part time job. He or she has to read apart from basic course materials all the subject related to corporate/commercial such as Company Law, Contract Act, Securities Law, SEBI Guidelines, Consumer Law, Arbitration, Competition law, IT Act, Data Protection Law, Cyber Laws, Partnership Act, Specific Relief Act, Bankruptcy & Insolvency Law, SARFAESI,  Tax Laws, Employment Laws, T.P Act, RERA, PMLA, etc.    It is also pertinent to mention herein that during study of law at least basic requirements of this profession should be well prepared.. such as command over the English language, knowledge of basic computer knowledge, knowledge of words, excel, power point, video conferencing ..means he or she should prepare him/herself to be well versed with the Technology/tools and systems used in the court proceedings.  Reading habits of Judgements/orders and case study shall help in increasing the understanding of the delivery of judgement/order and thinking of the court on the subject matter. One should also visit the court to understand the business of courts.    

    Get in touch with Akhilesh Kumar-

      

  • “Education knows no bounds – Specialization has its strengths, but exploring diverse branches enriches one’s legal knowledge” – Neeraj Malhotra, Senior Advocate at Supreme Court of India

    “Education knows no bounds – Specialization has its strengths, but exploring diverse branches enriches one’s legal knowledge” – Neeraj Malhotra, Senior Advocate at Supreme Court of India

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

    Reflecting on your college days, what prompted you to pursue a career in law, and could you share some fond memories or experiences from your time as a law student? Also Can you share with us some pivotal moments or experiences that shaped your career, especially during your early years of practice? 

    My decision to pursue Law and become a lawyer was not planned. Upon completion of my matriculation from Delhi Public School, R.K. Puram, New Delhi, I opted for the Commerce stream as I had intended to pursue Chartered Accountancy and become a Chartered Accountant. In furtherance of the same, I took up the B.Com (Hons.) course in Delhi University in 1986 and persuaded the same till 1989. During the said period, I came in contact with another student in my college, whose father was a practicing advocate in the District Courts and the Delhi High Court. During my frequent visits to my friend’s residence in that period, I also had the occasion to communicate and interact with my friend’s father and he encouraged me to pursue a career in law and become a lawyer. That shaped the trajectory of my career and I  decided to travel the path towards becoming an advocate. 

    Talking about my time as a Law Student in the Campus Law Centre, Delhi University makes me feel all nostalgic. The three year period was filled with excitement, hard-work and also the apprehension about the future which the legal profession would hold for me. I was anxious and happy at the same time. However the entire period of my graduation in law was very informative, enriching and satisfying wherein I was taught by best legal brains and scholars in multifarious subjects of law, which included Professor Upendra Baxi, Professor Mata Din, Professor Tahir Mahmood and Professor M.P. Singh. As a student, I was always zealous to learn and gain knowledge. I remember an instance when Professor Upendra Baxi did not come to the college on a particular day. Determined, not to miss a class and the passion to learn , I attended another class which was being taught by Professor Mool Chand Sharma, despite the fact that I was not a student of Professor Sharma’s class. I am also reminded of the fact that during that period we had wooden benches and tables in our classroom and had a small canteen, unlike a café today, where I used to have my tea during the Class breaks, along with some of my batchmates. We hardly had any moot courts at that point of time. My travel used to be in a DTC Bus on a monthly pass of Rs. 12.50 and the journey to and fro my residence and my college is still fresh in my mind. 

    During my initial and formative years as a Lawyer, I learned invaluable lessons from my seniors. I had the benefit of being mentored and guided by two seniors viz Mr. Justice Sanjay Karol, an incumbent Supreme Court Judge, who was a practicing advocate at that point of time and Mr. Sanjay Jain, Senior Advocate and ex-Additional Solicitor General of India. They taught me to be work centric and being meticulous in my work. I was asked to prepare my cases at least a week in advance of their hearing dates. I was also briefed about the manner in which case notes were to be prepared and how to undertake and execute quick and effective legal research qua any particular subject of law and dig out the most appropriate legal precedents . I also learnt the invaluable lessons of being “all ears to one’s clients”, to read the relevant statute(s) before venturing out to draft any pleadings, to be respectful towards the judges and practice ethically in the profession. 

    One instance which I would like to share with my readers relates to a judgment which had been passed by the Delhi High Court against one of our Clients. My Senior asked me to assail the same but without specifying whether the same should be done by means of a Review Petition or an Appeal. I drafted and filed an Appeal and when the same was listed for hearing , I apprised my Senior that I had drafted and filed an Appeal before the Division Bench of the High Court. After reading the judgment under Appeal , my Senior pointed out that the appropriate remedy was a Review Petition and not an Appeal. Though I attempted to convince him legally that an Appeal was the appropriate remedy instead of a Review, he was apprehensive that the Appeal would not be entertained and asked me to appear before the Appellate court. I appeared reluctantly and argued the Appeal for Admission . The Division Bench on the first hearing itself allowed the Appeal in our favour and disposed of the matter . The reward was prompt and my Senior took me out for lunch the very same day.  

    ​​Your expertise spans across various branches of law including Arbitration, Capital Market, Electricity, Environment, Insolvency, Insurance, Intellectual Property (specially Patents) and Telecom. What inspired you to diversify your practice, and how do you manage to stay updated with the ever-evolving legal landscape in multiple domains?

    I had the advantage of undertaking myriad and multitudinous cases for drafting, research and arguments in different Courts and Forums including the Supreme Court, High Court, MRTPC, NCDRC, Press Council of India, CAT, DRAT, DRT, CLB , during my initial years of practice , as my Seniors practice spanned over multifarious courts and Tribunals.  I owe my knowledge and expertise in the niche subjects of law to the work which  was entrusted to me during my period as a Junior Advocate / Associate and also to my decision to be acquainted with varied branches of law, instead of specializing in one branch which would have curtailed my legal knowledge. Specialization in a particular branch of law comes with its strengths but also has its disadvantages. It ultimately depends on the personal choice of a lawyer as to whether he wishes to attain specialization in a particular branch of law or specific branches of law or explore all branches of law. I chose to specialize in some upcoming and niche branches of law and to delve in other branches of law also. 

    After the grooming in my formative seven (7) years as a Junior Lawyer / Associate , I decided to venture out on my own and resultantly I joined hands with another lawyer and expanded my practice in diversified branches of law which included Arbitration Law, Banking Laws, Commercial Laws, Capital Market Law, Competition Law, Corporate Law, Criminal Laws, Electricity Law, Environmental Laws, Indirect Taxes, Insolvency Law, Insurance Law, Intellectual Property Rights related laws, Mining Law and Telecom Law, whereafter I was designated as a Senior Advocate in 2017. 

    It is very important to keep oneself abreast of the latest developments in all branches of laws including the amendments in various statute(s) and the latest judicial pronouncements on various branches of laws . Since I am an avid reader, I have subscribed to various online legal softwares besides different legal journals , which keeps me updated about the latest developments in law. Besides the above , I also read books and commentaries on various subjects of law in which I specialize . Legal Conferences also give me an insight to the latest developments as well as the changing trends around the globe and I actively participate in Indian and International Conferences. Additionally, I also run through articles on different subjects of law and articles which critically examine the interpretation of various judgments. 

    Your contribution to the development of competition law in India, especially through challenging the levy of pre-payment penalties by banks, is noteworthy. Could you share some insights into the challenges you faced during such landmark cases and how they have influenced your approach to similar matters?

    Answer: In the year 2009, I filed a Complaint in my name under Section 19(1) of The Competition Act, 2002 against various Banks and the Indian Banks Association. My Complaint alleged that various banks were indulging in the practice of imposing prepayment penalty charges for the premature closure of housing loans which was ranging from 1 – 4 % , either on the entire principal amount of the loan or on the outstanding balance of the loan and this practice was creating a deterrent to a borrower from switching over and migrating to another Bank offering a lower rate of interest which could enable a borrower to avail of a reduced rate of interest and thereby a cheaper loan (also called refinancing the loan) from the other Bank . This practice was thus anti competitive and anti consumer as the same indirectly determined and controlled the price of the services and also created a barrier for new entrants in the market. Thus as per my Complaint, the Banks were contravening the provisions of Sec 3(1), 3(2), 3(3) (a) and 3(3) (b) and Sec 4(1), 4(2) (a) (i) of The Competition Act, 2002. My complaint was numbered as Case No. 5/2009 and was titled as Neeraj Malhotra, Advocate V/s Deutsche Post Bank Home Finance Ltd. & Ors.

    The Commission after hearing me as the informant and considering the information and the documents filed by me arrived at a prima facie finding that a case of appreciable adverse effect on Competition existed against the Banks as mentioned in my Complaint and ordered investigation by the Director-General, CCI (DG) vide its order dated 10.09.2009​.

    The DG in his report recorded the finding that the allegations pertaining to the Banks imposing prepayment penalty/charges were found to be correct . Further, concerning my allegations of violation of Section 3(3) (a) & Section 3(3)(b) of the Act, the DG recorded his finding that Section 3(3) (b) of the Act was violated. The DG investigation further revealed that in the context of Section 19(3) of the Act, levying of prepayment penalty created a barrier to a new entrant in the market in a way that if the new entrant was providing competitive/lower interest rates, better services etc, the borrower of  the existing banks could only avail the services of the new entrant by incurring an additional cost in the form of prepayment charges. The levy of prepayment penalty by banks made the exit expensive and thus acted as a deterrent to the borrower. It was further stated by the DG in his report that the group of banks (under the IBA) had come together and taken a collective decision to limit market competition and to generate fee-based income. The said collective decision of the bank was beneficial to the banks but on the contrary, was anti-consumer and anti-competitive. Given above, the DG came to a finding that levy of prepayment charges by the banks violated the provision of Section 19(3) (a) (c) and (d) also.

    However, by a majority judgment of 4:2 pronounced on 02.12.2010, the Commission held that there was no contravention of Sections 3 and 4 of the Competition Act. The minority decision however dissented from the majority judgment and held that the Banks could not enter into any agreement for charging the above prepayment penalty. 

    I think the major takeaway from the above case was that after the passing of the above judgment, the Reserve Bank of India took up the said issue and clarified that the Banks and NBFCs could not impose prepayment penalties on loans sanctioned to individual borrowers.,  After the same, a substantial number of Banks waived off the prepayment penalty. 

    The biggest challenge faced by me while researching and drafting the above case was the collection of data pertaining to the banks which were levying the prepayment penalties, the rates of the penalties, the extent of loans  availed of by the borrowers who intended to switch over to other banks ,the percentage of such borrowers etc. In addition to the same the law which was prevalent in other jurisdictions across the Globe pertaining to levy of prepayment loan penalty had also to be unearthed . During the stage of arguments , the tough queries put to me by the 6 member bench of the Commission , which consisted of experts on the subject , were also very challenging.         

    Being an avid writer and reader, how do you think literature and the habit of reading have enriched your legal practice? Are there any particular books or authors that have had a profound impact on your professional journey?

    I have always been a very avid and a keen reader and devote a substantial part of my time on reading books relating to law. I believe that all of us, irrespective of being lawyers or not, must inculcate a habit of reading in any form whatsoever. Literature, viz. Written works are a form of human expression and have a high and lasting value on a human mind, be it Classical Literature, Modern Literature or Legal Literature. The benefit of reading enables a reader to understand the form of expressing an idea and also to improve one’s vocabulary and his manner of speech. Speaking about myself, I can say that the habit of reading has immensely contributed to my development as a lawyer. I attribute a significant part of my proficient drafting and oratory skills to my habit of reading . Literature has also contributed to my learning the art of cross-examination and I take pride in the fact that I am one of the few lawyers who have and are being engaged specially to cross-examine witnesses , including expert witnesses in highly complicated and high value disputes , before courts and in Arbitrations.  

    I have in the past two decades focused on books primarily pertaining to conducting cross examination, law lexicon with maxims, conducting civil and criminal trials besides books discussing aspects of articulating arguments, the thinking of judges, the idea of justice and the due process of law. In addition to the above, the autobiographies and biographies of various Legal Eagles including Nani Palkhivala, Fali S. Nariman, Moti Lal Setalvad, Justice Rajinder Sachhar have also been my favourite reads. 

    My favourite authors have been Lord Alfred Denning, Fali S. Nariman, Bhawani Lal, Moti Lal Setalvad, M.K. Gandhi, Richard A. Posner and Micheal S. Lief. Some of the books, which have contributed to my successful legal journey, include –  My Life – Law & Other Things, How Judges Think, The Articulate Advocate, The Idea of Justice, You Must Know Your Constitution, The Due Process of Law, Courtroom Genius, The Devil’s Advocate and Extraordinary Trials. 

    You’ve authored a handbook on the Capital Market Laws. What motivated you to undertake this initiative, and what insights have you covered in this book?

    Answering: My association with the Capital Market Regulator viz. Securities & Exchange Board of India (SEBI) relates back to the year 1997 when I got empaneled with SEBI and started conducting cases for SEBI in the Delhi High Court. Due to my proficient handling of their cases, I was assigned further matters by SEBI in other courts and Tribunals in the following years and my scope of work increased. I was one of the few lawyers who was handling important and sensitive matters of the Capital Market Regulator before the High Court of Delhi , Special Criminal Court, Central Information Commission , Company Law Board etc. 

    Due to my long and continuous association with SEBI, my expertise in the said Branch of Law and on account of my frequent appearances before the Delhi High Court, I was asked by one of the sitting judges of the Delhi High Court in early 2016 to author a  handbook on SEBI for a better and holistic understanding of the law pertaining to the Securities Market, as the same was a Specialized branch of law. Taking a cue from the same and also considering the fact that knowledge was meant to be disseminated for the benefit of the Institution ,  I ventured on the job of penning down a basic hand-book on SEBI which I titled as “Securities & Exchange Board of India – A Broad Overview – 2016”. 

    The said hand-book  gave a broad overview of the Securities Market Regulator wherein I traced the origin of the Securities Market in India, dealt with the history of the regulator of the securities market prior to the birth of SEBI viz, the Controller of Capital Issues, elucidated SEBI’s objectives, duties and powers, cited the key Regulations governing the securities market, touched upon other statutes which are interconnected with the SEBI Act, referred to the  significant developments in the securities market, adverted to some important legal precedents and finally culled out the notable achievements of SEBI since its inception. 

    After printing the said hand-book , I presented a copy of the same to all the sitting judges of the Delhi High Court.

    With the legal profession undergoing rapid changes, especially in the digital era, what advice would you give to aspiring lawyers looking to build a successful career in today’s dynamic legal landscape?

    The legal profession is very challenging and equally competitive. In the past two decades, the legal profession has witnessed a large number of aspiring as well as practicing lawyers going abroad for studies to hone their knowledge in the legal field. The aspiring lawyers should realise that the legal profession has benefited immensely from the advancement in technology in the last two decades and the accessibility to the legal software on the mobiles and laptops has enabled them to be more aware and informed about the latest developments in law while being on the move and they should take advantage of the same . Aspiring lawyers  should participate in moot courts and take up regular internships so as to build up their confidence and also get more exposure to real time practice in Courts and Tribunals. They should also make the optimum use of legal softwares and develop a strong aptitude for legal research. They should also endeavor to host webinars on different legal subjects by calling reputed lawyers from diversified fields of law. They should   participate in legal conferences and widen their legal spectrum. They should be mindful of their objective and interests while  choosing a Seniors chamber and should endeavour to associate themselves with a Chamber which aligns with the areas and branches of law of their interest and the courts/ forums where they intend to practice in the future. They must watch and observe the manner in which their Senior addresses arguments in the courts. They should remember that there is no substitute to hard work. They must be strong, be determined , be focused and be ethical. 

    Balancing a successful legal career with personal interests and hobbies can be challenging. How do you manage to maintain this balance, and are there any activities or hobbies that you find particularly rejuvenating outside the courtroom?

    It is very important but equally difficult to balance one’s professional career, his hobbies and family commitments at the same time. The balance attains importance in view of the facts that a lawyer cannot put his professional guard down and has to be dedicated to his professional career. At the same time, he has to devote ample time towards his family and also has to cull out time for himself to pursue his hobbies in   his areas of interest. 

    I balance my work, my hobbies and my family time to the best of my abilities. I ensure that I wind up my work by 9.00 PM and thereafter I spend quality time with my family till 11.00 PM. Hereafter again I read my briefs till around 1.00 AM. I manage to rise by 7.00 AM and thereafter go out for my walk / jog or play badminton. What I find very rejuvenating is to go out on a small vacation for 3-4 days and spent a relaxing time during the said sojourn by going out for walks or simply by reading my favourite books. 

    Your involvement in addressing sitting Judges from various High Courts on different aspects of law is commendable. Can you share some insights from these experiences and how they have influenced your perspective on legal education and awareness?

    Answer: I have had the occasion to address sitting judges from various High Courts in the National Judicial Academy, Bhopal on more than one occasion. The first address by me was on the law pertaining to the Capital Markets and the said address was co-chaired by me along with Mr. U.K. Sinha, the then Chairman of SEBI. The second address was on the law pertaining to the Partnership Act, which I co-chaired along with Justice (Retd.) Sanjay Kishan Kaul, an erstwhile judge of the Supreme Court of India. 

    The experience of addressing sitting High Court Judges was very unique and interesting. The fact of a lawyer being on the dias and speaking on a branch of law in front of sitting High Court Judges actually reverses the role of a judge and  lawyer , as otherwise the judges usually address lawyers on legal issues in legal conferences and seminars. The experience in the Academy was very meaningful inasmuch as the sitting judges actively participated in the session and put various queries to the Speakers. This was a manifestation of the fact that  law is ever evolving and one is always a student of law, be it a lawyer or a judge . It should be understood that there are always areas to be explored in different branches of law and one can never be a jurist unless he reads, listens , queries and explores. The informal interaction by the sitting judges after the session was over was very encouraging and equally heartening as the judges praised the speakers for their in depth knowledge of the particular branch of law . This further evidenced the simplicity of the judges and their openness to become aware of the specialized branches of law. As the saying goes – Education is not subject to the law of diminishing returns. 

    As someone who has mentored and guided numerous aspiring lawyers, could you share your perspective on the importance of internships for law students? What advice would you give to students seeking meaningful internships to enhance their legal education and practical skills?


    There is no substitute for hard-work, dedication and commitment in the legal profession. If you are focused on your work, you will succeed. An aspiring lawyer must have the zeal and enthusiasm to train oneself and emerge as a formidable lawyer. The stream of practice and the chamber which a lawyer joins, determines the trajectory of the career of lawyer. 

    Internships are a very important facet in the career of a lawyer. Internships give an aspiring lawyer a real feel of being on the job. Aspiring lawyers should prefer undertaking online internships instead of offline and should juxtapose legal research along with  attending courts and observing court proceedings during their internships. During this period, they should also emphasis on writing legal articles on different aspects of law, which would enable them to improve their thinking, writing and research skills. They should be part of the conferences which takes place between their Seniors and Clients so as to learn the art of dealing with and handling of, the clients. They must have a full overview of the case before they go to the Court and should observe how their seniors argue in the Court. During their entire college tenure, they should endeavor to undertake internships in different chambers viz; with an individual lawyer, a designated senior lawyer, a law firm and also with Arbitrators,  so as to have a myriad experience of different chambers of law . 

    Get in touch with Neeraj Malhotra–

  • “Embracing technology is not just a choice; it’s a necessity in today’s legal landscape. By leveraging technology, we can enhance efficiency and deliver superior outcomes for our clients.” – Kamlesh Kharade, Founding Partner at India Law Alliance

    “Embracing technology is not just a choice; it’s a necessity in today’s legal landscape. By leveraging technology, we can enhance efficiency and deliver superior outcomes for our clients.” – Kamlesh Kharade, Founding Partner at India Law Alliance

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

    Could you take us through your journey from your college days to where you are now as a Founding Partner at India Law Alliance? What inspired you to choose a career in law, and can you share some memorable moments from your college days and legal education that have shaped your professional trajectory?

    Actually, I took up law as a career due to an accident that took place in December, 1990. Due to which I had to take a break of 2 years from my studies. Due to the bed rest advised by the doctors, I could not give the final exam of my second year of B. Com. However, I completed my Bachelor of Commerce in May 1993 with first class. At that time two of my best friends had already started studying law at New Law College. Hence, I choose to join New Law College instead of joining the Government Law College. The professors at New Law College encouraged me during the initial years to take up law as a career. I joined Hariani & Co.  in January 1996 as a Trainee and thereafter I completed my LL. B. in May 1996. After I completed LL. B degree, I took up further studying and completed the Masters in Law from Bombay university (LL. M) in May 1998.

    I have studied law graduation from New Law College, Matunga, Mumbai. During the free period, I used to discuss with my Seniors about the career in law. During one of the conversations with my friend Veena Mehta, she happened to inform me about the Solicitor’s Articleship with the law firm. Accordingly, I decided to take up the Articleship in a law firm after I finish my law graduation. However, during my 3rd year of law, upon the recommendation from Veena, I joined Hariani and Co. as Articles clerk. I had to sign my article’s agreement with Senior Solicitor P.P. Hariani. I really had a good working experience at Hariani & Co. being one of the best law firms to work in the year 1996. Thereafter, Hariani and co. got merged with DSK Legal and was known as Anderson Legal. While working in Anderson Legal, I had decided to start my own law firm. Anderson Legal in the due course was renamed as DSK Legal. In the year 2004 after completing my Qualified Lawyer’s Transfer Test in London, I had decided to return to India and start working independently in the legal field. Hence, I took a break from work and started studying for my Ph. D in Law. During my studies at Bombay university, I was exploring the options to start a law firm.  I always wanted to become an independent professional instead of working for Company.  I had met Anupam Dighe at DSK Legal and discussed with him about starting the new venture. Accordingly, we both initiated and founded our own law firm under the name India Law Alliance. Anupam had discussed with his family friend Raghu Aiyar for office. Accordingly, we started working from an office opposite Bombay Stock Exchange.  Later on, two junior advocates joined us and our journey in the legal field formally started in October 2004.

    As the founding partner of India Law Alliance, could you share with us the story behind the inception of your firm? What motivated you to establish your own legal practice, and what were some of the challenges you encountered during the initial stages? Moreover, how do you perceive the growth and evolution of your firm over the past 19 years, and what do you envision for its future trajectory?

    India Law Alliance is formed by Anupam Dighe and myself with guidance from our well wisher Mr Raghu Iyer, Managing Partner of K S Iyer & Co., the esteemed Chartered Accountancy Firm. The initial challenge of getting the clients for the law firm was taken away as our acquaintances and family friends recommended their corporate contacts to us and introduced us as Corporate lawyers to take up the legal work. Initially, I took up the litigation work on behalf of Corporates in Bombay High Court and Bombay City Civil Court. We represented them in the injunction suits and obtained favourable orders. We worked professionally and worked with the experienced Counsel to represent our clients and succeeded in representing them in Bombay High Court. This gave lots of confidence and we continued our journey in representing clients in various litigations in Mumbai City as well as in the Hon’ble Supreme Court at New Delhi. We were fortunate to take up the due diligence assignments with Merchant bankers. 

    We are recognised by our existing clients who recommended our firm to their acquaintances which is helping us in growing moderately despite the Corona Epidemic period. The growth of work in the firm is moderate and continuous which motivates us to upgrade ourselves in using the technology and completing tasks in time.

    You have an impressive array of legal expertise spanning various areas such as Dispute Resolution, Intellectual Property, Real Estate, and Banking & Finance. How do you manage to maintain proficiency across such diverse domains?

    During my Articleship time with earlier law firms, I had an opportunity to represent various corporate clients and high net worth individuals. This gave me exposure to work in a variety of fields and represent them in high value real estate transactions. I continue to represent our esteemed clients in completing transactions in real estate, banking and finance besides protecting their intellectual property rights. As a junior advocate, I was always open to learning new corporate avenues which gave me the opportunity to read various commercial documents and applicable laws. Over the period of time, I sharpened my skills to multitask while reading corporate documents and understanding the intrinsic values in it.

    Even today, I like to read the commercial transaction documents in detail. I like to understand the new terminologies and concepts introduced in that transaction. With change of laws and technology it is important to work in diverse domains which keeps you active in professional life.

    Apart from your legal career, what are some of your personal interests or hobbies that you find yourself indulging in during your free time?

    I have been a Rotarian since July 2004 which keeps me busy working with people with a variety of interests. Rotary has various fellowships and I participate in a few interesting fellowships. The recent fellowship in Rotary is known as Rotary means business. This platform actually gives networking opportunities with various Rotarians from different locations and vocations to interact with each other. Networking is the latest keyword for the legal profession as it gives opportunity to meet people with various types of businesses and their needs. Rotarians do refer to our law firm as one of the recommended law firms as many of the Rotarians know me as an active professional. I do enjoy attending musical concerts including jazz nights. I do enjoy practicing golf at home as well as at the club whenever opportunity is available. In my free time, I often read magazines of various subjects. The latest being on the topic of artificial intelligence.

    In your opinion, what are some of the essential skills or qualities that every aspiring lawyer should cultivate to thrive in the legal profession today?

    Every aspiring lawyer must have acumen to read the latest laws with amendments and keep notes for application in practical life. The lawyers must get acquainted themselves with the latest technology available for the legal field and use it for doing the research, be it for court cases or for any particular transaction. With updates of the law as well as relaxations in many government policies, the aspiring advocates must read it from time to time. The latest updates or amendments must be discussed with concerned partners or colleagues from time to time. These discussions on law keeps the lawyer active in mind as well as in profession. Making notes on latest judgments and using them in applicable cases is required for every aspiring lawyer as it helps in growing his or her presence felt during the meeting.

    You’ve been actively involved in representing both multinational companies and large Indian business houses. From your experience, what are some common challenges faced by clients in today’s dynamic business environment, and how do you assist them in overcoming these challenges?

    Nowadays most of the multinational companies and business houses hire Advocates for their legal work. The company’s law team needs to be updated by the law firm about the latest judgments as well as amendments in law. The challenges faced by the company’s advocates need to be understood correctly by the advocates working in the law firm and keep them updated with the latest changes. Changes in the laws need to be understood correctly by the advocates and accordingly inform the clients to take the correct decision and plan for the company’s requirement. The latest applicable stamp duty rates and exemptions available to the companies need to be discussed and informed to the concerned officials from the company to take the correct decision in time. The regular legal update or knowledge sharing needs to be done with the company professionals which helps advocates from the law firm and corporations bond well. This mutual understanding and support helps both the law firm as well as the company.

    You’ve navigated through legal landscapes both domestically and internationally. Could you shed light on the differences you’ve encountered in working within these two contexts, and what approach you believe is essential when dealing with international law or clients compared to domestic ones?

    International clients require our assistance in understanding the applicable Indian laws to the problems or challenges faced by them. Hence to understand the problem at hand and find the correct solution to the problem in the Indian scenario is very important. Most of the international laws are very simple in understanding however the execution of the transaction or its applicability in India need to be understood correctly. International clients often require our opinions on certain clauses in the commercial transaction. However sometimes those clauses are too complex in application due to changes in technology which may not be available in India. Hence, we face a challenge in finding the correct solution in either amending those clauses as per Indian laws or suggest alternate solutions for those issues. Domestic clients handling is not too difficult nowadays due to experience of dealing with corporates for many years and the standard practice and process followed by us. However, understanding the international client’s requirement in the present scenario gives us the opportunity to learn new concepts and its application in the current international scenario.  

    In your opinion, what new dimensions or emerging trends do you foresee in the legal landscape, particularly concerning areas like intellectual property and real estate?

    The protection of intellectual property in India is widely recognised nowadays. Its awareness and protection of intellectual property rights is very important as nowadays many corporates seek prior opinion and guidance from us before using the intellectual property for their business. This advanced planning assists them in avoiding the unnecessary litigation. With new technology being available for legal work it is very important for us to get acquainted with it and support various clients in protecting their intellectual property rights. The new technology in real estate like satellite mapping off location of company properties gives better understanding of the transaction. Accordingly, we can advice the client. Real estate in Mumbai is protected by various laws including RERA which helps in advanced planning in proper title search of the concerned property. With the help of online searches of the property we can do much better work than earlier times.

    Many of us have one area of work and one passion area which we love to immerse ourselves in. Do you have any particular aspect of your legal practice that you’re deeply passionate about, beyond the professional obligations, and if so, what is it? 

    My legal expertise is in corporate real estate transactions which I enjoy the most. However, my new passion since the last few years is Public Interest Litigation. I represent a few individuals who are fighting for public interest in Mumbai city. I do a lot of pro bono work for the individuals who can’t afford to hire counsel or the law firm. I try my best to find the best practical legal solution for them and negotiate accordingly with the concerned developer to avoid unnecessary litigation. It gives a lot of satisfaction and pleasure to work with individuals who are passionate about the common man’s concern. I enjoy working with the local resident’s associations to protect the interest of locals against the wrong policy or work done by the authorities. I enjoy working with locals and representing them before the authorities which gives some pride to me being an advocate.

    Get in touch with Kamlesh Kharade–

  • “Practical experience and a willingness to learn from challenges are paramount in carving out successful careers in law.” – Sudhir Jain, Sr. Partner at Law Veritas “North”

    “Practical experience and a willingness to learn from challenges are paramount in carving out successful careers in law.” – Sudhir Jain, Sr. Partner at Law Veritas “North”

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

    Can you share with us your journey from your college days at Campus Law Centre, University of Delhi, to becoming a Senior Partner at Law Veritas North? What inspired you to do Law after completing your B.Com? 

    My journey from my college days at Campus Law Centre, University of Delhi, to becoming a Senior Partner at Law Veritas : North has been one of continual growth, learning, and dedication. After completing my B.Com (Hons.), I was inspired to pursue law due to its inherent potential to impact society positively. As Mahatma Gandhi once said, “The true source of rights is duty. If we all discharge our duties, rights will not be far to seek.” I felt compelled to contribute to the legal framework of my country and serve justice.

    As a senior partner, what leadership qualities do you believe are essential for guiding a successful legal team?

    As a senior partner, I believe essential leadership qualities for guiding a successful legal team include integrity, clear communication, strategic thinking, empathy, and the ability to inspire and mentor others. To quote Abraham Lincoln, “I am a firm believer in the people. If given the truth, they can be depended upon to meet any national crisis. The great point is to bring them the real facts.” Effective leadership fosters collaboration, ensures coherence in strategy, and motivates team members to perform at their best.

    From your perspective, how can the current generation of aspiring lawyers adapt to the evolving landscape of legal practice and carve out successful careers for themselves?

    The current generation of aspiring lawyers can adapt to the evolving landscape of legal practice by embracing technology, honing their communication and interpersonal skills, staying updated on legal developments, and fostering a spirit of innovation and adaptability. The life of the law has not been logic; it has been experience. Practical experience and a willingness to learn from challenges are paramount in carving out successful careers in law.

    With over 24 years of legal experience, what are some key lessons you’ve learned along the way that you would pass on to aspiring lawyers?

    Over my 24 years of legal experience, I have learned several key lessons that I would impart to aspiring lawyers. Firstly, integrity and ethics should always guide your practice. Secondly, continuous learning and staying updated with legal developments are essential. Thirdly, effective communication and interpersonal skills are as crucial as legal expertise. Finally, perseverance and resilience in the face of challenges are indispensable qualities for success in the legal profession.

    How do you balance the demands of litigation with providing strategic counsel to clients in property and revenue matters? 

    Balancing the demands of litigation with providing strategic counsel to clients in property and revenue matters requires meticulous planning, effective delegation, and clear communication. It’s about understanding the priorities of each case and allocating resources accordingly. To quote Benjamin Franklin, “By failing to prepare, you are preparing to fail.” Diligent preparation and a strategic approach enable me to effectively manage both aspects of my practice.

    Could you share with us one of the most challenging cases you’ve encountered in your career and walk us through how you navigated through it to achieve success for your client?

    One of the most challenging cases I have encountered involved a complex property due diligence running in crores with multiple stakeholders and intricate legal issues. Navigating through it required a comprehensive understanding of property laws, strategic negotiation skills, and perseverance. Through meticulous research, strategic planning, and effective advocacy, we were able to secure a favourable opinion/outcome for our client, ensuring justice prevailed despite the complexities involved. However, due to a confidentiality clause I am unable to divulge further details.

    Could you share a moment in your career where you had to adapt to a new dimension or understanding of the law, and how it impacted your approach to future cases? 

    In a pivotal moment in my career, I faced a property law case where traditional principles clashed with modern urban development dynamics. This compelled me to delve into nuanced aspects of property laws, zoning regulations, and authorities provisions. Adapting to this multifaceted dimension of property law not only refined my legal expertise but also emphasized the significance of balancing individual property rights with broader societal concerns. This experience profoundly influenced my approach to future property law cases, fostering a more nuanced and holistic perspective that integrates legal principles with social and economic realities.

    What role do you believe mentorship plays in the legal profession, and have you had any mentors who significantly influenced your career trajectory?

    Mentorship plays a crucial role in the legal profession, providing guidance, support, and valuable insights to aspiring lawyers. I have been fortunate to have some mentors who significantly influenced my career trajectory by imparting wisdom, sharing experiences, and nurturing my professional growth. Mentorship fosters personal and professional development, shaping the future leaders of the legal profession.

    Could you walk us through what a typical day looks like for you as a Senior Partner at Law Veritas North? How do you manage your time and prioritize tasks amidst your various responsibilities and commitments?

    A typical day for me as a Senior Partner at Law Veritas : North involves a blend of client meetings, case reviews, strategic planning sessions, team management, and administrative tasks. Time management and prioritization are crucial, and I rely on effective delegation, leveraging technology for efficiency, and maintaining a structured schedule to balance my various responsibilities and commitments effectively.

    How do you think the current generation of lawyers can leverage technology to enhance their legal practice? 

    Embracing legal technology is paramount in today’s legal landscape. Despite not being a technology expert myself, I recognize its pivotal role in enhancing legal practice. As per an anonymous quote, “Our achievements are the culmination of various influences and collaborations.” Similarly, integrating technology into legal practice enables lawyers to weave a more efficient and effective tapestry of legal services for clients. While I may not possess innate technological prowess, I acknowledge its importance and actively seek opportunities to leverage legal tech tools to streamline processes and deliver better outcomes for those I serve.

    Get in touch with Sudhir Jain-