Category: Partners, General Counsels and Senior Advocates

  • “The most crucial skill for law students is strategic legal analysis combined with effective communication.” – M Abhijnan Jha, Partner at Lex Praxis.

    “The most crucial skill for law students is strategic legal analysis combined with effective communication.” – M Abhijnan Jha, Partner at Lex Praxis.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    What motivated you to pursue a career in law, and what inspired you to choose the B.P.Sc (Hons.) LLB (Business Law Hons.) program at National Law University, Jodhpur? Looking back at your law school years, what are some key experiences that have had a lasting impact on you?

    Growing up, I admired my father, a police personnel, whose commitment to justice and integrity deeply influenced me. Watching him serve the people with courage and dedication inspired me to pursue a career in law. Additionally, I was fascinated by courtroom dramas and legal stories portrayed in movies, which sparked my curiosity about the legal system and advocacy.

    I chose the B.P.Sc (Hons.) LLB (Business Law Hons.) program at National Law University, Jodhpur, because I was deeply interested in subjects like Political Science, Sociology, and Psychology. Their focus on understanding human behavior, societal dynamics, and governance aligned perfectly with my passion for law and justice. This interdisciplinary approach not only matched my interests but also provided a strong foundation for pursuing a career in law. During my law school years, participating in moot courts, insightful internships, and collaborating on research projects helped me develop strong analytical and advocacy skills. These experiences, combined with my early inspirations, shaped my approach to solving complex legal challenges.

    How did your early experiences at A&A Law Office, particularly in corporate and project finance, contribute to shaping your understanding of joint ventures, regulatory frameworks, and due diligence in commercial transactions?

    My early experiences at A&A Law Office played a crucial role in shaping my understanding of joint ventures, regulatory frameworks, due diligence, and intellectual property in commercial transactions. As it was a small law firm, I was involved in a wide range of legal work, from corporate and project finance to intellectual property matters. This exposure taught me how to assess risks, navigate complex regulatory requirements, and ensure IP protection. These experiences provided a solid foundation for strategic legal advisory and commercial law dynamics.

    How has your expertise in intellectual property law influenced your corporate advisory work, particularly when handling trademarks, copyrights, and design matters? What are your thoughts on the future evolution of intellectual property rights in the coming years?

    My expertise in intellectual property law has significantly influenced my corporate advisory work, especially when handling trademarks, copyrights, and design matters. It enables me to provide strategic guidance on brand protection, licensing, and enforcement, ensuring clients’ intellectual assets are safeguarded while maximizing commercial value. This knowledge also enhances contract drafting, due diligence, and risk assessment in corporate transactions. 

    Additionally, being a member of some of the world’s most prestigious organizations, such as the International Trademark Association (INTA), International Association for the Protection of Intellectual Property (AIPPI), Asian Patent Attorneys Association (APAA), and World Intellectual Property Forum (WIPF), has significantly contributed to my professional growth. These memberships have provided valuable opportunities to engage with global legal experts, stay updated on international IP trends, and expand my professional network. They have also enhanced my strategic insights and knowledge, enabling me to offer well-rounded and globally relevant legal advice.

    Looking ahead, I believe the rapid growth of digital commerce and emerging technologies like AI and blockchain will redefine IP rights. This evolution will demand adaptive legal strategies, international collaboration, and enhanced regulatory frameworks to address complex cross-border IP issues.

    Drawing from your experience in the real estate sector, what were some of the most difficult aspects of drafting and negotiating construction contracts and joint development agreements?

    Drawing from my experience in the real estate sector, some of the most challenging aspects of drafting and negotiating construction contracts and joint development agreements involved navigating complex regulatory compliance, risk allocation, and aligning the interests of multiple stakeholders. Ensuring clear terms on project timelines, payment structures, and liability clauses required meticulous attention to detail. Additionally, balancing legal safeguards with commercial feasibility while managing client expectations demanded strategic negotiation skills and effective communication. These challenges enhanced my problem-solving abilities and contract management expertise.

    Could you describe one of the most challenging cases you’ve handled so far and share your approach to navigating the complexities involved in that case?

    One of the most challenging cases I handled involved complex intellectual property litigation with cross-border implications. It required navigating conflicting jurisdictional laws and strategic enforcement of trademark rights. To manage this, I conducted in-depth legal research, collaborated with international counsel, and crafted adaptive litigation strategies to protect client interests. I focused on proactive risk management and effective communication to resolve disputes efficiently. This experience reinforced the importance of strategic foresight, agility, and resilience in high-stakes legal matters.

    What are some of the major challenges that businesses in the real estate sector are facing today? Additionally, how has the role of arbitration and other alternative dispute resolution (ADR) mechanisms evolved in this sector?

    Businesses in the real estate sector today face challenges like regulatory complexities, fluctuating market dynamics, land acquisition disputes, and financing constraints. Navigating compliance with environmental laws and urban development regulations also adds to the complexity.

    Arbitration and other Alternative Dispute Resolution (ADR) mechanisms have become increasingly popular in this sector due to their cost-effectiveness and faster resolution compared to traditional litigation. ADR provides flexibility, confidentiality, and specialized expertise, making it a preferred choice for resolving real estate disputes efficiently.

    As someone who has played a pivotal role in high-stakes cases as both a Partner and Counsel, what do you think is the most crucial skill that law students should focus on developing to succeed in the legal field? Also, are there any resources you would recommend to help them stay updated on legal trends and developments?

    The most crucial skill for law students is strategic legal analysis combined with effective communication. They should also develop negotiation skills, adaptability to emerging technologies, and resilience in high-pressure situations. Writing articles, case notes, and thought leadership pieces not only sharpens analytical abilities but also enhances visibility in the legal community.

    I have authored over 20 publications in reputed journals, which has significantly contributed to my understanding of complex legal issues and trends. To stay updated on legal trends, I recommend using LinkedIn for networking and industry insights. Resources like CiteCase, Bar and Bench, Live Law, Manupatra, and College Law Review Journals provide comprehensive legal updates, case analyses, and emerging legal issues. Engaging with these platforms helps build a strong foundation and keeps one informed about the latest legal developments.

    Given the demanding nature of your professional commitments, how do you manage to strike a balance between your work responsibilities and personal life?

    Balancing professional commitments with personal life is achievable through strategic time management and leveraging technology. I have automated my legal processes and maintain a paperless office, enabling me to work efficiently from anywhere as a mobile lawyer. This flexibility allows me to manage tasks on the go while staying organized and responsive. By embracing digital tools and maintaining a disciplined schedule, I maximize productivity while also ensuring time for personal well-being and family, achieving a harmonious work-life balance.

    Could you kindly share the insights and experiences you’ve gained throughout your entrepreneurial journey?

    In addition to my legal career, I have always been passionate about entrepreneurship. I founded InCourt News in 2015, which gained recognition as one of the best mobile applications to have, featured in various magazines for its innovative approach to legal news delivery, and was later acquired by a legal marketplace. I also ventured into the skilling sector with “Skill Funds,” founding startups aligned with the Skill India Mission, aimed at empowering youth with industry-relevant skills. These experiences have enriched my leadership abilities, strategic vision, and problem-solving skills, complementing my legal expertise with an entrepreneurial mindset. Currently, I am running my law firm, Lex Praxis, leveraging my diverse experiences to provide strategic legal solutions.

    Get in touch with M Abhijnan Jha –

  • “A successful start to a legal career requires a combination of intellectual rigor, reading, practical experience, internships and personal growth.” – Ranit Basu, Partner at Bridgehead Law Partners.

    “A successful start to a legal career requires a combination of intellectual rigor, reading, practical experience, internships and personal growth.” – Ranit Basu, Partner at Bridgehead Law Partners.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    With nearly a decade of experience, could you share what shaped your decision to pursue a legal career? Was law always your intended path, or did your interest develop over time?

    Growing up in different parts of the country, I witnessed diverse cultures and educational experiences. During all these changes, the only thing that remained constant was my love for reading, debating and playing sports. After doing extensive research into various avenues which are better suited to my interests, I realised that law is my calling. Although I am a first-generation lawyer, rigorous participation in moot court, extempore debate and client counselling competitions gave me the motivation and confidence to pursue litigation. My interest in litigation shaped my vision to join a chamber, start my independent practice and ultimately establish a law firm.  

    You began your legal career at the chambers of Senior Advocate B. M. Chatterji in Mumbai. What were some of the key lessons you learned during this time and how did it help form the foundation of your legal practice?

    It is difficult to sum in limited words about the profuse lessons I have learnt from Chatterji sir. Under his tutelage, I learnt the importance of meticulously reviewing documents, to give attention to details, learning to juggle multiple tasks and manage time to handle the demands of legal practice especially when managing a large caseload, the real-world impact of legal decisions, the importance of clear, empathetic communication before the Court, how to approach and conclude complex legal research. He set the foundation of my legal practice and despite going independent, I continue to learn from him and for that I will forever be grateful to him, as once a senior, always a senior.

    After gaining significant experience, you founded Bridgehead Law Partners. What inspired you to take the leap and establish your own firm, and what challenges did you face while building your practice from the ground up?

    Bombay is the financial hub of India with a plethora of commercial and financial transactions and disputes. My focus area has always been commercial dispute litigation and my Partner Karan Narvekar’s focus area has always been corporate advisory. We teamed up and established Bridgehead Law Partners with the passion and vision to build something from scratch, make a bigger impact, provide a one stop solution to all legal disputes and to take on complex legal matters. Despite multiple challenges, seeing the firm grow from an idea to something that truly makes a difference in the lives of clients and litigants has made this struggle worthwhile. One of the biggest challenges I faced in building my practice was the initial uncertainty, financial risk and pressure to make decisions that would affect not just me, but those who joined me in this journey because team building is one of the key ingredients for ensuring longevity of any institution. 

    Could you give us an insight into your practice areas? Do you take up a lot of matters before the National Company Law Tribunal and National Company Law Appellate Tribunal?

    My practice revolves around various kinds of commercial disputes arising under contracts, domestic and international arbitration, direct and indirect taxation laws, succession matters, admiralty law, insolvency and bankruptcy law specially relating to creditors, resolution professionals, successful resolution applicants and personal insolvency across the country. I also represent clients before the Securities Appellate Tribunal in matters pertaining to securities law disputes. Securities Appellate Tribunal is a special forum with only one bench in Mumbai that hears appeals against decisions made by the Securities and Exchange Board of India, Insurance Regulatory and Development Authority or the Pension Fund Regulatory and Development Authority. 

    Practice in National Company Law Tribunal and National Company Law Appellate Tribunal is not just about insolvency matters. It also deals with multiple disputes arising under the company law and one of the most common disputes is act of oppression and mismanagement of shareholders in a family-owned business. Indian insolvency law is still evolving and NCLT is already overburdened with the pressure of time bound disposal of insolvency matters, however, constitution of bench with members from legal background as well as practical and technical areas have led to closure of corporate insolvency resolution process of various companies, restored faith of investors and framed the landscape of insolvency laws in this country.

    Given your experience in both Indian and international arbitration, how do you manage the complexities of cross-border legal matters? What specific challenges arise when working with foreign clients or navigating international legal systems? 

    Managing the complexities of cross-border legal matters, especially in arbitration, requires a deep understanding of both the substantive legal issues and the procedural nuances that differ from one jurisdiction to another. Each jurisdiction has its own laws, regulations, and procedures for arbitration. In the case of cross-border arbitration, I ensure that I have a clear understanding of the relevant legal framework in both: the country where the arbitration is seated and the countries involved in the dispute. One must also be well versed with the Arbitration and Conciliation Act, 1996, UNCITRAL Model Law on International Commercial Arbitration, rules of arbitration institution, etc. Managing cross-border arbitration involves a strategic combination of understanding different legal systems, building strong working relationships with local experts, maintaining cultural sensitivity and being adaptable in the face of evolving challenges. 

    What advice would you offer to young law students or aspiring advocates who wish to pursue a career similar to yours? Are there any particular skills, habits, or mindsets they should focus on developing early in their legal careers?

    Early on in my law college, I realised the importance of being updated about legal developments. For me, reading legal articles, judgments and journals was an unavoidable part of my law college journey. It is a habit I continue to follow till date. A successful start to a legal career requires a combination of intellectual rigor, reading, practical experience, internships and personal growth. One advice that I would like to pass on is that law students must participate in moot court competitions to get an insight into the dynamics of presenting a case before a judge, understanding courtroom etiquette building confidence in dealing with the court environment.

    Balancing professional growth with personal life can be challenging. How do you manage to maintain this balance? Are there any specific hobbies or activities you enjoy to unwind and relax after a busy day?

    Just as I schedule meetings and work-related tasks, I also schedule personal time for activities that help me unwind after a long day. Whether it’s spending time with family and friends, exercising, playing sports, reading books or travelling, treating this time as non-negotiable ensures that I don’t overcommit to work and lose out on life outside of the office. I try to be intentional about how I use my time. Regularly stepping back to reflect on my goals, both professional and personal, helps me stay aligned with what I want from life. 

    Get in touch with Ranit Basu –

  • “In terms of latest trends – I think AI and its impact in different sectors and the legal nuances surrounding that would definitely be something over the next five and ten years.” – Shruti Iyer, Advocate-on-Record at Supreme Court of India and Partner at SA Law.

    “In terms of latest trends – I think AI and its impact in different sectors and the legal nuances surrounding that would definitely be something over the next five and ten years.” – Shruti Iyer, Advocate-on-Record at Supreme Court of India and Partner at SA Law.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    With your broad expertise in areas such as Insolvency Law, Competition Law, Administrative Law, and more, could you share the story of how you first embarked on your legal journey? What inspired you to choose law as a profession? Was it a deliberate decision, or did your passion for law evolve gradually over time?

    I did not think I would be a lawyer. So I’m a lawyer by chance but I’m glad that I pursued law because now that I think back I am sure it is my calling. I don’t think I could have been so happy doing anything else. As destiny would have it I got admission into ILS Law College, Pune and I can safely say that I spent the better part of my life there. I was fortunate to study under some excellent faculty like Dr. Jaya Sagade, Prof. Nilima Bhadbade and Prof. Smita Sabne to name a few. Their teachings and guidance have been invaluable to me. 

    You participated in the dual LLM program in Global Business Law at New York University School of Law and National University of Singapore. Could you kindly share your experiences during that time and also ponder upon how the program equipped you to navigate the complexities of international corporate and financial services law? What challenges did you encounter during the application process, and what impact did the Dean’s Award from New York University have on you?

    I think I was extremely fortunate to be part of the NYU-NUS Dual Masters’ Program. It was truly one of a kind and we used to joke that we were part of a “limited edition”. Unfortunately, the Dual program has stopped. But it was a brilliant experience.  It was very intensive and taxing to do two programs in one year because when one university was on break we would have the classes and exams for the other. But the faculty was top notch. We got to experience the best of both worlds and had a natural kind of insight into comparative law without even having that as an elective. There is often this debate about whether it is worth pursuing an LLM abroad if you want to come back and work in India and especially in Litigation and I would like to say that if you have the resources you should definitely pursue one. Personally I feel it broadened my horizons in ways I could not have imagined. The bonus is I made some lifelong friends. The Application process was very smooth. It was completely online and I don’t recollect any hassle.  The Dean’s Award definitely helped me financially to be able to afford the program

    In terms of learning, I was extremely fortunate to be able to do my dissertation on International Investment Law under Prof M. Sornarajah. At NUS I interacted and studied under some excellent faculty like Prof. Umakanth Varottil and Prof. Arun Thiruvengadam. For the NYU Program we had some legends like Prof. Jose Alvarez for International Investment Law and Prof Stephen Choi for M&A and Securities. There are so many things that I learned during the program which I am able to use in my practise today especially when it comes to subjects like Competition Law and International Arbitration Law , apart from principles of corporate and financial laws. 

    In the early stages of your career, you worked with a major corporation. How did you approach the legal intricacies surrounding the Copyright Act and Cable TV regulations during that period? What key takeaways from that experience helped shape the foundation of your career and propelled your professional trajectory?

     I was lucky to work with some major corporations so early on in my career. It was a great learning curve for me. I dealt with several issues under the Copyright Act and Cable TV Regulations which were very relevant at the time. More than that, it helps me now immensely while dealing with in – house clients. I understand their issues and try to resolve them to the best of my ability. 

    After gaining valuable experience working in-house, what prompted your decision to transition to litigation, working alongside Senior Advocates? How did you find the shift between the two environments, and what major differences stood out to you? 

    I had a great learning experience working in – house but I always felt I was missing out on attending court. So I decided to finish my masters and switch to litigation. At that time the thought was if I don’t like it I can always go back. But I took to litigation like a fish takes to water. I loved coming to court and still do. It is what drives me. I feel like we make a difference to our client’s lives in whatever small way possible and that gives me a sense of purpose and immense satisfaction. The shift was not difficult, both have its pros and cons. But the working culture is very different. While working in – house my deadline was often completing a draft or sending an email. In litigation we are racing against time to secure bail or stop a demolition. So we cannot compare. Both are invaluable learning experiences.

    I am immensely grateful to my seniors Mr. T. Srinivasa Murthy and Mr. Senthil Jagadeesan, who have been my Gurus and Mentors in this profession. I have literally learnt everything I know from them and I continue to work and learn from them. 

    After working with various legal entities, you went on to establish your own practice. What motivated you to take that leap, and what were some of the initial challenges you faced in setting up your own firm and how did you navigate them?

    I cleared the Advocate on Record Exam and became an AOR of the Supreme Court and felt that I could start something on my own so my Partner Anandh K and I set up SA Law. It is based on our philosophy of doing good work and helping our clients. When we work in some other organisation we are always bound by their rules. Setting up my own practise gives me the freedom to do what I want both professionally and personally. It also helps me do other activities like teaching or interacting with law students and doing pro bono work without any pressure. In terms of the challenges we faced- we are both first generation lawyers from outside Delhi. We don’t have any Godfathers here. We have struggled and grown brief by brief and survived by word of mouth of our clients who have trusted us. 

    As a Founding Partner at SA Law and an AOR, you oversee a variety of practice areas, including land acquisition, civil rights, POSH (Prevention of Sexual Harassment), arbitration, and competition law. Could you share a fascinating case you’ve handled in the field of competition law and how you approached the complexities of such a case, especially for our younger readers looking to understand this area of law?

     I think one of the biggest cases I have handled is the cement cartel case. The case is now pending before the Supreme Court. But I was fortunate to work on the case from the CCI stage to the appeals before erstwhile COMPAT and then NCLAT and now Supreme Court. Working on a case through all the stages is a great learning experience. I think one of the fascinating aspects of competition law is how much we rely on foreign judgments and concepts – both the US Anti-Trust Law and EU and also compare it with our own jurisprudence. I think my LLM came in very handy in dealing with this. 

    Your passion for teaching is evident in your contributions to judging moot courts, delivering guest lectures, and conducting seminars and workshops for law students. What advice would you give to aspiring lawyers who are just beginning their legal careers?

    I don’t think I can give much advice- there are far more learned people for that. I would say enjoy your time at law school. Most of them would be doing the 5 year law course. When I look back at my time in Law College – I just remember that I had fun. I participated in all the activities in college both curricular and extra-curricular. It helped me make so many friends. And maybe I would say use that time to read and write a lot. 5 years is a long time. It is ok if you don’t have 10 internships in 5 years or don’t do many moot courts or write research papers. Of course, doing all this helps. But utilise the time doing something. I spent a good amount of time doing Purshottam and Firodiya Karandak in Pune which had a big Marathi Theatre Scene. It helped me learn one more language which is a life skill and comes in handy even today. 

     Perhaps I would add one thing – it is very easy to be enamoured by the profession when we are in college – especially when we hear Senior Advocates or Judges come to our college and talk and advise youngsters to pursue litigation. There is nothing wrong with that. Perhaps even I would give the same advice. But the initial years are tough. It is sometimes very easy to feel dejected, especially if you fall in the trap of comparison. Social media doesn’t help. Litigation is a marathon with very slow returns and requires a lot of consistent effort. And sometimes, even after a lot of hard work you may not get material returns or recognition. And that is ok. As long as you are able to feel satisfied that you are doing some good work, you should be ok with that. There are many loopholes in the system, all the more for women, but there are many good people as well- whether in terms of seniors, peers or mentors – there is no dearth of good people who will help you both personally and professionally and I think the camaraderie of the Bar is one of the best parts of this profession. Last but definitely not the least – there is no substitute for hard work. You may keep hearing about networking and legacy and luck and it is very easy to get lost in this hubris but there are no shortcuts to success. 

    As someone dedicated to staying at the cutting edge of legal developments and inspiring your colleagues to do the same, what do you consider to be the key emerging trends in your areas of expertise, such as Intellectual Property and Competition Law, particularly with the rise of Artificial Intelligence and technological advancements? How do you stay informed about these evolving fields, and what direction do you see them taking over the next five to ten years? Additionally, could you suggest any resources for our readers to stay up to date on the latest legal trends?

    In terms of the latest trends – I think AI and its impact in different sectors and the legal nuances surrounding that would definitely be something over the next five and ten years. The other emerging trend is the DPDP Act and its enforcement and the complications that arise out of them. In terms of staying updated, I think there are way more resources now than we had, especially online resources. I would say the good old way of reading law reports is also invaluable. 

    How do you manage to balance your professional growth with your personal interests? What hobbies or activities do you enjoy that help you unwind and relax after a demanding day at work?

    I think we always try to balance and if someone says that they have figured it all out then perhaps they are lying. But I try. I recently gave birth to my second child.  So I am currently in the depths of everything postpartum, but I would say whatever time I have I like to spend with my children. 

    Get in touch with Shruti Iyer –

  • “Exposure to different legal frameworks not only enhances your technical knowledge but also sharpens your ability to think strategically and solve complex problems.” – Pankaj Singla, Partner at Mulberry Law.

    “Exposure to different legal frameworks not only enhances your technical knowledge but also sharpens your ability to think strategically and solve complex problems.” – Pankaj Singla, Partner at Mulberry Law.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    With over 15 years of experience, could you take us back to your academic journey, beginning with your time at the Faculty of Law, Delhi University? What inspired you to pursue a career in law, and how did studying at Kyushu University in Japan influence your approach to the legal field, particularly in the realm of international law?

    My academic journey began at the Faculty of Law, Delhi University, where I developed a strong foundation in legal principles and discovered my passion for corporate law. I was drawn to the field because of its potential to solve complex business challenges while fostering growth and compliance.

    Studying at Kyushu University in Japan was a turning point. Immersing myself in a different culture and legal system enhanced my understanding of international law and cross-border transactions. It taught me the value of precision, discipline, and a global perspective, all of which continue to shape my approach to the legal field.  These experiences have been instrumental in building my career and refining my ability to navigate both local and international legal landscapes effectively.

    Throughout the early stages of your career, you worked at several esteemed law firms in both India and Japan. What key experiences did you gain during this time that were instrumental in shaping your career path and refining your skills?

    Working at full-service law firms in India and Japan provided me with unparalleled exposure to high-stakes transactions and diverse legal frameworks. In India, the fast-paced environment of firms honed my ability to think critically under pressure, manage complex deals, and collaborate with multidisciplinary teams. The emphasis on precision and delivering results in time-sensitive scenarios taught me the importance of efficiency and client-centric solutions. In Japan, I was introduced to a meticulous approach to law, with a focus on structure, compliance, and cross-border considerations. This experience deepened my understanding of international legal systems and enriched my ability to navigate the nuances of global transactions.

    One of the most valuable lessons I learned during this phase was the importance of adaptability. Moving between jurisdictions and working with culturally diverse teams sharpened my interpersonal skills and broadened my perspective on problem-solving. These experiences were pivotal in shaping my career and continue to influence my approach to delivering comprehensive legal solutions.

    What led you to specialize in corporate law, with a particular focus on mergers and acquisitions (M&A)? Were there any pivotal moments or turning points that reinforced your decision to choose this specialisation and have a multi-jurisdictional M&A practice?

    My interest in corporate law, particularly M&A, stemmed from the dynamic nature of the field and its significant impact on businesses and economies. Early in my career, I was drawn to the challenge of structuring complex transactions, negotiating deals, and solving intricate legal issues that arise in M&A.

    A pivotal moment was my involvement in my first cross-border transaction. The experience of navigating differing legal systems, cultural nuances, and regulatory frameworks was both challenging and deeply rewarding. It reinforced my decision to focus on multi-jurisdictional M&A, as it allowed me to combine technical expertise with strategic thinking.

    Over time, I’ve found this specialization to be uniquely fulfilling, as it requires a balance of legal acumen, commercial awareness, and adaptability—qualities I’m passionate about cultivating and applying to every deal I work on.

    With your experience in both India and Japan, how have these distinct legal environments impacted your approach to transactional work? What specific skills or insights have you gained from each jurisdiction that you now apply in your practice?

    Working in both India and Japan has given me unique insights into how different legal environments shape transactional work. In India, the legal landscape is dynamic and fast-paced, which has taught me to think quickly and manage complex, high-volume transactions. It has also emphasized the importance of flexibility and adaptability when dealing with diverse stakeholders and varying business practices.

    In contrast, Japan’s legal system is highly formal and meticulous, with a strong focus on the process, detailed documentation and compliance. This experience deepened my understanding of the importance of process, precision, thoroughness, and risk mitigation, particularly in cross-border transactions. 

    Combining these experiences, I now approach multi-jurisdictional transactions with a well-rounded perspective, balancing the need for agility in India with the emphasis on structure and diligence in Japan. This allows me to tailor solutions to clients’ needs in a variety of legal environments.

    In your current role, you’ve worked across various industries, from luxury retail to electric vehicles and defense. What unique challenges do international companies in the electric vehicle sector face when establishing operations in India? Can you share an especially memorable or complex case you’ve handled in any of these industries?

    Working with clients from various industries is always very rewarding as each sector and industry comes with its own unique requirements, challenges and solutions.

    International companies entering the electric vehicle (EV) sector in India face several unique challenges, primarily around regulatory complexities, market dynamics, and infrastructure. One key challenge is navigating India’s evolving regulatory framework, which is still in the process of developing clear policies for EVs, particularly around subsidies, taxation, and incentives. Companies must ensure compliance with various environmental and safety standards while also anticipating future changes in the regulatory landscape. Additionally, the EV market in India is still in its nascent stages, and all stakeholders must address infrastructure concerns, including limited charging stations and supply chain issues related to battery production. The growing competition within the sector also means that companies need to create intellectual property, adopt new technology, innovative business models and engage with local partners who understand regional market dynamics.

    Given these challenges, companies often need to work closely with local government bodies, business partners, and regulatory experts to ensure smooth market entry. This collaborative approach helps in navigating the complexities of the Indian market, ensuring that businesses can align their operations with both local opportunities and challenges. Understanding the market’s long-term trends, such as the growing emphasis on sustainability and electric infrastructure development, can also help companies develop more effective strategies.

    In one case, I worked with an international retail brand planning to expand into India. The challenge was navigating the complexities of India’s FDI (Foreign Direct Investment) policies, particularly in the retail sector, where there are specific regulations around multi-brand retail and sourcing requirements. The client was keen on setting up flagship stores across major cities, but we had to carefully craft the entry strategy to ensure compliance with the local sourcing norms and ensure alignment with the client’s global brand standards. We have had similar experience with clients in the defence industry which continues to be heavily regulated and the regulations are very dynamic in nature.

    These cases reinforced the importance of understanding local regulatory nuances, market realities and working closely with clients to craft a strategy that aligns with both global standards and local requirements. Such transactions are challenging but are also extremely rewarding experiences for us as a firm.

    In multi-jurisdictional transactions, clients often face challenges arising from conflicting laws and regulations across different countries. How do you navigate these complexities when advising on cross-border mergers, acquisitions, and expansions? Can you provide examples of particularly intricate deals you’ve worked on, and the strategies you used to manage these challenges?

    Navigating the complexities of multi-jurisdictional transactions requires a deep understanding of the regulatory and legal frameworks across different countries, and reliable partner firms in foreign jurisdictions. Clients often face challenges when laws and regulations conflict or vary significantly between jurisdictions. My approach begins with a thorough analysis of the legal landscapes in each relevant jurisdiction to identify key regulatory issues, such as antitrust concerns, foreign investment laws, and sector-specific restrictions.

    For instance, when advising on cross-border mergers or acquisitions, I prioritize coordinating with local counsel in each jurisdiction to ensure compliance with the laws specific to each region, while also considering the overarching strategic goals of the client. This collaboration helps in mitigating risks related to legal incompatibilities and ensuring that the deal structure accommodates the different regulatory requirements. I also work closely with tax advisors to address any cross-border tax implications, which can vary widely depending on the jurisdictions involved.

    One particularly intricate deal which we have recently worked on involved an Indian client acquiring a company in Europe. The challenge was dealing with conflicting foreign investment regulations and structuring the deal to ensure compliance with India’s ODI policies while addressing the strict regulatory environment of both jurisdictions on foreign ownership in certain sectors. Additionally, both jurisdictions had different corporate governance practices that required us to align the deal structure with local laws while maintaining the client’s global operational standards.

    To manage these challenges, we adopted a phased approach—first by ensuring all local regulatory approvals were obtained, followed by aligning governance structures, and then addressing the cross-border tax issues. The key strategy was to maintain a constant dialogue with local regulators and key stakeholders, ensuring that the deal complied with both local and international legal frameworks without compromising the client’s objectives.

    Having worked in rapidly evolving sectors such as electric vehicles, IT, and new technologies, how do you stay ahead of emerging regulatory changes and the legal challenges facing these industries?

    Staying ahead of emerging regulatory changes in fast-evolving sectors like electric vehicles, IT, and new technologies requires a proactive approach. The trick is to make it a priority to continuously monitor industry trends and legal developments, and engage with regulatory bodies and industry experts. This allows you to anticipate changes and advise clients on potential risks before they materialize. Additionally, it helps to collaborate closely with clients to understand their business strategies, ensuring that legal solutions align with both current regulations and future trends.

    By remaining well-connected with industry networks and regulatory authorities, one can provide clients with timely, informed guidance that helps them navigate the legal complexities of emerging technologies and evolving markets.

     Looking back on your career, what advice would you give to aspiring lawyers who wish to follow a similar path, especially those interested in gaining international experience and working across multiple legal systems?

    Looking back on my career, the most important piece of advice I would offer to aspiring lawyers is to work hard, remain curious and open to new opportunities. Gaining international experience and working across multiple legal systems requires a deep commitment to learning and adaptability. My advice would be to seek out diverse experiences early on, whether through formal education, internships, secondments, or working with teams that handle cross-border matters. Exposure to different legal frameworks not only enhances your technical knowledge but also sharpens your ability to think strategically and solve complex problems. In addition, developing cultural awareness and building strong professional relationships in different jurisdictions is crucial. Working in multiple legal systems isn’t just about understanding the law; it’s about navigating the cultural nuances that influence business decisions and legal outcomes.

    Finally, be patient and persistent. International experience often requires flexibility and the willingness to step outside your comfort zone. But with determination, you can develop a unique skill set that sets you apart and positions you to handle increasingly complex, multi-jurisdictional matters.

    Given the demanding nature of your work across multiple legal domains, how do you manage your role at the firm and your personal obligations effectively? What do you do to unwind and relax?

    Balancing the demanding nature of my work with personal obligations requires careful time management and setting clear priorities. At the firm, I ensure that I stay organized by structuring my day and breaking down complex tasks into manageable chunks, which helps me meet deadlines without compromising the quality of work. I also rely on effective delegation when appropriate, collaborating with colleagues to share the workload and maintain focus on key matters.

    Outside of work, I prioritize personal time by setting boundaries and carving out space for activities that help me unwind. Whether it’s spending time with family, reading, or staying active at the gym, I find that these activities allow me to recharge and maintain a healthy work-life balance. I also try to schedule regular breaks throughout the day to avoid burnout and keep my energy levels up. Maintaining this balance is essential for long-term productivity and well-being.

    Get in touch with Pankaj Singla –

  • “IPR is relevant across industries, and with the growing awareness of IP, career opportunities in this field are increasing.” – Kavita Mundkur Nigam, Partner at Krishna & Saurastri Associates LLP.

    “IPR is relevant across industries, and with the growing awareness of IP, career opportunities in this field are increasing.” – Kavita Mundkur Nigam, Partner at Krishna & Saurastri Associates LLP.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team


    With your vast experience and accomplishments in the legal field, could you share what initially sparked your interest in law? Was there a defining moment that led you to pursue this career, and what drew you specifically to specialize in intellectual property law?

    The greatest reason or inspiration for taking up law was my maternal grandfather who came from a family having many generations of lawyers including his father and uncles. My grandfather was himself a lawyer by qualification but joined the Sales Tax Department and retired as Commissioner of Sales Tax, Government of Maharashtra. He was extremely passionate about law and on behalf of the Sales Tax Department, briefed and closely interacted with many distinguished lawyers of his time including the then Advocate General Mr. H. M. Seervai whom he deeply admired. The countless anecdotes he narrated to me and the zeal he had for the legal profession had a profound impact on me, unknowingly and when the time came for me to choose my profession, law came as a natural choice.

    While Law was in the family, Music, Literature and Art also ran deeply in my family, my mother being a Hindustani Classical Vocalist and my grandmother, a vocalist, poet, playwright and writer. They would often participate in seminars on copyright in relation to the fields of music, literature and art. I would accompany them and listen to the sessions with great interest. That sparked my curiosity and by the time I completed my graduation in law, I found IP to be a fascinating and an ever-evolving subject having an application across industries and I was convinced to take it up as my field of specialization. 

    You began your career as an Associate with a law firm. What were some of the key experiences during this early phase that helped deepen your understanding of the law, especially intellectual property law, and laid a solid foundation for your expertise in this area?

    I began my career with a full-service law firm Desai & Diwanji where I mainly worked on corporate and commercial transactions. My experience in intellectual property law began when I joined my present firm in the year 2008. Exposure to myriad cases in the areas of IP prosecution, legal advisory, contentious matters, anti-counterfeiting, IP transactions etc. involving different kinds of IP including trade marks, copyright, designs and some aspects of patents, right in the beginning of my tenure, gave me many opportunities to research, learn, resolve issues and deepen my understanding of the subject. Also, I firmly believe that there can be no substitute for hard work in laying a strong foundation, especially in the initial years of your career. I spent a lot of time reading, researching, studying the suggestions of my seniors and colleagues which I continue to do as learning is a never-ending process and updating yourself from time to time ensures you never feel complacent or stagnant. 

    Throughout your career, you have worked on complex IP transactions in industries such as media, entertainment, pharmaceuticals, and FMCG. What do you believe are the primary challenges businesses face when dealing with commercial transactions involving IP rights?

    As for already existing IP of the parties involved, gaps in IP ownership, lack of proper documentation for securing IP rights, third party claims to IP, vulnerability of registered IP to revocation are some challenges seen in commercial transactions involving IP rights. Similarly, while negotiating strategic collaborations or service contracts, differentiating between already existing IP and IP generated under the contract, deciding upon an ownership structure for the IP generated out of such services or collaboration could be challenging.

    Your experience spans both domestic and cross-border IP disputes. How do international IP issues differ from domestic ones?

    IP disputes per se, such as infringement, passing off etc., governed by Indian laws and taking place in India may not have material differences only by reason of one of the parties being a foreign entity. However, where these disputes emerge from cross-border contracts governed by foreign laws and have elements of IP protectable or enforceable under Indian laws, there could be challenges. Similarly, when an Indian entity wishes to enforce its IP rights against a foreign entity for acts done outside India, foreign laws may apply. Although IP laws worldwide have many commonalities, they are not completely harmonized. Concepts of authorship, ownership of IP, infringement, exceptions to infringement, availability of overlapping protection under different types of IP laws such as Copyright & Designs or Trade Mark & Designs, subject-matter of trade marks, copyright, designs or patents (more so in light of emerging technologies) might vary from jurisdiction to jurisdiction. Accordingly, these disputes may have different nuances.

    Could you share your insights from handling domain name disputes under ICANN’s UDRP? In addition, what role does arbitration play in resolving international IP disputes, particularly within frameworks like the ICC?

    The domain name dispute resolution process under ICANN’s UDRP is effective particularly when disputes arise out of cybersquatting or prima facie bad faith registration of domain names. In my experience, this process has been cost effective, expeditious and helpful especially where the adverse party is not located in India or where the registrant’s name and address is not disclosed by domain name registrars. Institutional arbitration, such as under the ICC Rules, plays an important role in resolving multi-jurisdictional / international IP disputes. However, these are typically disputes arising out of contracts and lawyers play a crucial role in informing the arbitrator (who may be qualified in laws other than the governing law of the contract) of nuances in the laws that are applicable to the dispute.

    Intellectual property is often crucial in mergers, acquisitions, and private equity transactions. How do you ensure that IP rights are effectively safeguarded during these processes, and what is their role in such transactions?

    Intellectual property is often the driving force for most acquisitions, mergers and collaborations. Effectively identifying IP, particularly unregistered IP, ensuring a proper and seamless transfer of all IP, registered or unregistered in favor of the acquirer, designing an efficient IP matrix in cases of joint IP ownership / collaboration, identifying third party contribution, claims or rights in IP creation and devising appropriate techniques to secure all IPR through documentation and statutory filings are some aspects to be considered during such transactions.

    What advice would you offer to aspiring IP lawyers or those considering a career in intellectual property law? Also, could you share some resources or strategies you use to stay current with global legal trends, particularly in the IP domain?

    To aspiring IP lawyers, I would like to say that IP is a fascinating subject having many dimensions and is ever evolving particularly with newer and emerging technologies. IPR is relevant across industries and with the growing awareness of IP, career opportunities in this field are increasing. You could choose sub-areas of your interest to practice such as IP prosecution, litigation or transactions and advisory. However, aiming for holistic exposure to various kinds of IP cases especially in the initial years will certainly help in the long run. Needless to say, like in any other field, hard work and a well-balanced approach helps one grow in the profession and also as an individual. These days there are several online platforms, newsletters, digital publications and media offering information and updates on IP related transactions and disputes, both domestic and international. There are also many subscription-based databases where one can find articles, copies of judgments and orders for detailed reading.

    Get in touch with Kavita Mundkur Nigam –

  • “There is no fixed formula and everyone may face their own challenges, however, hard work, perseverance and consistency are some of the key ingredients for everyone to succeed in the legal profession.” – Rohit Jolly, Partner at Hammurabi & Solomon Partners.

    “There is no fixed formula and everyone may face their own challenges, however, hard work, perseverance and consistency are some of the key ingredients for everyone to succeed in the legal profession.” – Rohit Jolly, Partner at Hammurabi & Solomon Partners.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    With over a decade of experience across various areas of law, did you always see yourself pursuing a legal career, or were there specific events or influences that led you to choose this profession?

    I grew up in a family of lawyers and therefore, law seemed to be the automatic choice of profession to me from a young age. I was often privy to legal discussions at home, which involved interesting yet complex propositions which too ignited my interest in the field of law. Lastly, at a personal level, I find this profession fulfilling, as it involves helping people navigate difficult and challenging situations.

    Beginning your career as an associate at a law firm, what were some of the formative experiences that shaped your understanding of the law and sparked your interest in the field?

    In law school, we were taught the theoretical foundations of law, but when you enter the profession, you begin to understand how theory translates into real-world legal practice. As an associate at a law firm, I was exposed to the importance and intricacies of drafting and the practice of putting in all your effort for every brief in an attempt to achieve the perfect solution for the client. Law firms also provide you the exposure of working with the big clients and senior counsels on high stake matters right from a young age and teach you the art of dealing with pressure and deadlines. When the stakes are high, you automatically take more responsibility on the brief.

    Personally, apart from gaining the confidence to work under pressure and to meet the harshest deadlines, I learnt the importance of effective communication and attention to detail from the law firms that I worked with. Working closely under such great mentors, Mr. Mahesh Agarwal & Mr. Vijay Sondhi in my formative years and now with Ms. Shweta Bharti has offered invaluable learning opportunities as they provided insight into how they approach cases, their reasoning behind legal strategies, and showed how to think out of the box while navigating through complex legal issues. Their mentorship further ignited a passion for the intellectual rigor of law and gave confidence to tackle complex issues.

    Reflecting on your time as an Independent Litigation Counsel, can you highlight a pivotal learning moment or turning point that significantly influenced your approach to legal practice?

    After working in law firms for almost 9 years, the experience I gained working independently was completely different. Initially, it was quite tough as the nature and type of work that comes to you as in independent counsel is very different from the kind of work you are used to in a law firm. Further, in a law firm, you have a lot of support staff while as an independent counsel, even most of the clerical work is your responsibility. 

    Apart from learning the approach to working on a diverse range of matters, the most pivotal experience I learnt from independent practice was the ability to take complete ownership of the brief from managing client expectations to drafting, filing, getting the matter listed, arguing etc. 

    Coming to the turning point that significantly influenced my approach to legal practice, I learnt that eventually, what matters is the client’s ultimate goal. What we need to work towards is to give the client a practical and feasible solution to its problem, most times, the client is not looking to win a case or set a precedent. Therefore, the art is to achieve the client’s goal and it may not be relevant if you win or lose a case.

    In your representation of clients in the 2G spectrum case and matters related to the Prevention of Money Laundering Act (PMLA), what were the most challenging aspects, and how did you navigate those challenges?

    These cases involve complex legal issues that can be very challenging for any legal professional. These cases require an understanding of both substantive law and procedural nuances, as well as the ability to navigate intricate factual situations and government policies. Further, the intense public scrutiny in the 2G spectrum case created additional pressure on the lawyers. Hence, maintaining a clear communication with clients and stakeholders about the legal strategy, while also working closely with senior counsels to ensure these cases are handled effectively was a challenging task. Therefore, these cases reinforced the importance of attention to detail, strategic thinking, and a multidisciplinary approach to legal practice.

    What are the key legal obstacles that real estate companies face in consumer disputes, and how do you manage litigation across various forums such as the NCDRC and RERA?

    The Indian real estate sector operates within an intricate regulatory landscape that is fraught with inherent difficulties and delays. As seen first-hand, many times frivolous complaints are filed by such unscrupulous persons who are cognizant of these difficulties and delays and exploit them by alleging deficiencies in service, often citing delay in delivery of possession to exert undue pressure on developers and compel them to grant concessions or monetary compensation. As such, vindicating developers by demonstrating how delay in delivery of possession was beyond the control of the developer becomes the key obstacle. 

    To manage the litigation across diverse forums, the use of proper planning, proper use of technology, case management, and data storage play an important role. I have mentored my team to ensure that they possess the requisite skills to effectively represent clients before different forums and actively encourage my associates to appear in proceedings. Finally, I also try to formulize a proactive plan by maintaining daily and weekly schedules for task prioritization and time allocation for all court appearances so that the work is streamlined.

    In your current role, could you elaborate on your involvement in advising a multinational technology company on the implementation of data privacy laws within its Indian entities? What were the primary legal challenges in ensuring compliance with India’s data privacy regulations, particularly the Personal Data Protection Bill (PDPB)?

    The Digital Personal Data Protection Act, 2023 has cross-sectoral applicability and enjoys primacy over sectoral regulations in the event of any conflict. As such, to advise the company it was vital to identify whether the different types of data processed by the company qualify as “digital personal data” under the Act, the internal flow of such data within the company, and evaluate the data storage technology used by the company in order to design consent mechanisms, data principal right mechanisms, data breach mechanisms, and define data retention periods for different categories of data. 

    A significant challenge encountered during this engagement revolved around the provisions governing cross-border data transfers. As a multinational technology company, the seamless flow of data across international borders is critical for service delivery. Restrictions or prior approvals imposed on data transfers to specific jurisdictions can significantly impede operational efficiency. Furthermore, drafting a unified compliance framework that harmonizes the Act with international regulations such as the GDPR presented a considerable challenge, since varying data processing and security standards across jurisdictions can create conflicts and necessitate careful management to avoid non-compliance. 

    High-stakes cases must be incredibly demanding. How do you maintain a work-life balance, especially during intense periods of work and tight deadlines?

    As a lawyer, there cannot be a straightforward answer to this. This profession is very challenging, where you must burn the midnight oil and work on most of your weekends and sometimes you will feel there is no work-life balance. However, the key to managing this is setting clear priorities—both in terms of work tasks and personal time. I try and evaluate tasks based on urgency and importance, making sure I allocate time for essential activities while also recognizing when to delegate certain responsibilities. Secondly, effective collaboration with my team allows me to focus on high-priority tasks while ensuring that the workload is evenly distributed. Lastly, to maintain my mental sanity and make sure there is no burnout, I try and travel even if it is for a weekend to refuel and reenergize myself.

    What advice would you offer to young lawyers aiming to specialize in dispute resolution, particularly in areas like white-collar crime, commercial, and real estate disputes? Additionally, what resources do you rely on to stay informed about emerging legal trends?

    First of all, I still think I am a young lawyer. Having said that, I would strongly advise my younger colleagues to master legal research databases, practice drafting pleadings with precision and clarity, cultivate excellent communication and interpersonal skills, understand the intersection of law with finance and accounting since it is crucial for complex commercial disputes such as white-collar crimes, observe seasoned litigators in court to learn from their strategies and courtroom demeanour, participate in conferences and seminars to network with other professionals, and cultivate a strong work ethic to manage multiple tasks effectively.  There is no fixed formula and everyone may face their own challenges, however, hard work, perseverance and consistency are some of the key ingredients for everyone to succeed in this profession. 

    In order to stay informed about emerging legal trends, I rely on legal journals, real estate journals, corporate magazines, online news portals, and participate in continued legal education programs by professional organizations where I have memberships. 

    Get in touch with Rohit Jolly –

  • “Staying abreast of evolving legal precedents and regulatory trends is critical, as courts and policymakers continue to shape this dynamic field.” – Anushree Rauta, Equity Partner (Head of Media & Entertainment practice) at ANM Global.

    “Staying abreast of evolving legal precedents and regulatory trends is critical, as courts and policymakers continue to shape this dynamic field.” – Anushree Rauta, Equity Partner (Head of Media & Entertainment practice) at ANM Global.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    Given your career spanning over a decade, did you initially view law as a predetermined path for you, or were there specific factors that influenced your decision to pursue it?

    Growing up on the campus of Pune University, I was surrounded by an unspoken expectation to pursue a conventional career in science. I followed the script, diving into science during my 12th grade, with engineering or medicine as my presumed destinations. But somewhere along the way, I realized the script wasn’t written for me (largely thanks to a rocky relationship with Mathematics).

    The turning point came when my mother, who has dedicated her life to social and environmental causes through her NGO, National Women’s Organization, suggested I meet the iconic environmental advocate Shri. M.C. Mehta. His passion for using law as a tool for change sparked an idea that law could be a path to make a meaningful impact, an idea that had not even crossed my mind before. Encouraged by my mother, I applied to ILS Law College in Pune, more as an experiment than a commitment.

    What unfolded was far beyond what I had anticipated. Law, as I discovered, wasn’t just a career, it was a way of thinking, a discipline that pushed me to question, analyze, and create solutions. While I initially leaned toward environmental law, an introduction to Intellectual Property Rights during my 3rd year in college shifted my focus entirely. I found myself captivated by the intricacies of IP law, and as media and entertainment law emerged as a distinct field, it felt like an organic extension of my interests.

    In retrospect, my journey into law wasn’t about finding a career, it was about discovering a passion I didn’t know I had. What began as a casual detour became the foundation of a profession that allows me to blend creativity with structure and create impact in ways I hadn’t imagined. It’s proof that sometimes, the paths we don’t plan for lead to the most fulfilling destinations.

    You began your career at an established Media & Entertainment law firm in India. Could you share how your initial experiences shaped your understanding of the intricacies of this specialized field of law, and how did your role evolve your understanding and experience?

    Law school gave me a solid foundation in the theoretical aspects of Intellectual Property Rights, but it was not until I stepped into the real world that I began to truly understand the nuanced and dynamic nature of Media & Entertainment law. My early years were nothing short of transformative. I had the opportunity to be involved in pathbreaking litigations, which tested my ability to apply theory to complex, real-world scenarios.

    One of the defining experiences was being part of policy-level discussions surrounding the landmark Copyright Amendment Bill introduced in 2010, coincidentally the year I graduated. These discussions offered a rare glimpse into how laws are shaped, debated, and implemented, a perspective few young lawyers get to witness so early in their careers.

    I also worked on a variety of transactions, from structuring film projects, complex agreements, to drafting opinions, conducting due diligence, and crafting advisory notes. Each assignment added a new layer of understanding and taught me to navigate the intersection of creativity, business, and compliance that defines this field.

    I remain grateful for the early exposure I received to the many facets of Media & Entertainment law, which set the foundation for my practice today.

    You played a pivotal role in the landmark statutory licensing case on radio royalties. Could you share your experience of being part of such a significant decision, and your thoughts on the abolishment of the IPAB and its implications for the resolution of IP matters in commercial courts?

    Representing Tips Industries Limited and international organizations like SESAC (USA) and SUISA (Switzerland) during the radio statutory licensing matter before the IPAB was an incredible professional milestone. The case, conducted entirely via video conferencing amidst the pandemic, spanned over a month-long virtual hearing and culminated on December 31, 2020. This high-stakes, time-bound hearing saw 10 radio broadcasters seeking statutory licenses to fix royalties for sound recordings broadcast through radio.

    The IPAB’s decision was groundbreaking, overhauling the prevailing royalty model and establishing new precedents that reshaped the calculation of radio royalties across India. It was an unparalleled learning experience to witness and contribute to such a transformative legal development.

    However, the abolishment of the IPAB has disrupted the framework of statutory licensing and several other matters, which was designed to be a time-bound process. With IP matters now before overburdened commercial courts, delays have become the norm, undermining the efficiency and predictability that statutory licensing aimed to ensure. 

    In the “Trial by Fire” case, you successfully defended Endemol India in a lawsuit involving defamation and privacy claims. Could you describe the key legal arguments you made to prevent the release of the web series from being delayed or obstructed?

    In the “Trial by Fire” case, where our firm successfully defended Endemol India against defamation and privacy claims brought by Sushil Ansal, the primary legal arguments revolved around balancing the plaintiff’s rights with the defendant’s right to free speech and expression enshrined under Article 19(1)(a) of the Indian Constitution. The court was persuaded by the following key arguments:

    Public Domain Information: The web series was inspired by a book published in 2016, which was based on public records and widely circulated events related to the Uphaar tragedy. The plaintiff had not sought any injunctive relief against the book for several years, demonstrating acquiescence and diminishing the basis for an urgent injunction against the series.

    Freedom of Expression and Public Interest: The series reflected the experiences and perceptions of the victims’ families, who have the right to narrate their anguish and systemic failures. The court recognized that preventing its release would stifle public debate and discussion about a tragedy that had been in the public domain for over 25 years.

    High Threshold for Pre-Publication Injunctions: The court reiterated the principle that pre-publication injunctions are granted only in exceptional circumstances. The plaintiff failed to demonstrate that the series was manifestly defamatory or malicious. The disclaimer in the series, clarifying it as a fictionalized account inspired by true events, further bolstered the defense.

    Delay and Lack of Good Faith: The plaintiff approached the court at the last minute, despite the series’ production being publicized years earlier. This lack of prompt action undermined the claim for equitable relief.

    These arguments collectively established that the plaintiff’s apprehensions of reputational harm did not outweigh the broader public interest in ensuring free expression and access to information on matters of significant public concern.

    Content regulation for OTT platforms is a rapidly evolving area of law. What are some of the most pressing legal challenges that OTT platforms face today, and how do you guide your clients through these regulatory issues?

    Content regulation for OTT platforms is a rapidly evolving area of law, where platforms face a delicate balancing act between creative freedom and regulatory compliance. The IT Rules, 2021, play a significant role in shaping this landscape, emphasizing a three-tier grievance redressal mechanism and requiring platforms to adopt self-regulatory measures for content classification and viewer discretion. The importance of self-regulation cannot be overstated, as it empowers platforms to address potential concerns while avoiding excessive external interference. However, challenges such as defamation, obscenity claims, claims in relation to hurting religious sentiments or claims due to other socio-political sensitivities and the need to navigate jurisdictional complexities across borders add layers of complexity. In guiding clients, we prioritize setting up robust compliance mechanisms, pro-active script vetting during development stage/ content vetting during production and aligning with industry standards to mitigate risks. Staying abreast of evolving legal precedents and regulatory trends is critical, as courts and policymakers continue to shape this dynamic field. Our focus remains on helping clients adapt to these changes while safeguarding their creative integrity and commercial objectives.

    Your work as a trustee for the National Women’s Organization and your involvement in the Save Ganga Movement showcase your commitment to social causes. How do you balance these responsibilities with your demanding legal career?

    Balancing a demanding legal career with social responsibilities is undoubtedly challenging, but I believe it’s a matter of purpose and priorities. My work as a trustee for the National Women’s Organization and my involvement in the Save Ganga Movement stem from a deep conviction that we all have a duty to give back to society. While my legal career demands significant time and focus, these causes remind me of the broader impact we can have beyond our professional lives. I approach this balance by integrating my passion for social change into my daily life, leveraging my legal expertise to contribute meaningfully to these initiatives. It’s not about managing time as much as aligning values, when you believe in the importance of giving back, you find the energy and commitment to make it happen. Ultimately, the fulfillment I derive from these efforts enriches my professional work, creating a symbiotic relationship between the two.

    You founded IPRMENTLAW, which aims at spreading legal awareness relating to the changing dynamics in the IPR and Media and Entertainment field. What inspired you to create this knowledge-sharing platform, and what impact has it had on the legal community?

    Knowledge sharing is a value I hold very close to my heart, and it was the driving force behind the creation of IPRMENTLAW. When I started practicing in the intellectual property and media and entertainment fields, I noticed a significant gap- there wasn’t a dedicated, open-access forum for updates, insights, and discussions specific to these areas. I wanted to bridge that gap and create a platform where legal knowledge could be shared freely and accessibly, not just within the legal fraternity but also with creators, businesses, and students who engage with these fields.

    IPRMENTLAW was conceived as a blog to foster dialogue and keep critical issues alive through debate and discussion, similar to the impact platforms like Spicy IP have had. Over the years, I’ve been fortunate to have a group of young lawyers join me in contributing to the platform, bringing fresh perspectives and enthusiasm to the initiative. Together, we’ve built a resource that has become a go-to space for updates, opinions, and legal developments in IP and media law.

    The impact has been humbling. It has sparked meaningful discussions within the legal community, encouraged critical thinking, and provided practical insights for practitioners and stakeholders and most importantly inculcated a habit of staying updated and informed about the latest legal happenings in the realm of IP, media and entertainment laws. By making it a non-profit open-access platform, we’ve ensured that knowledge isn’t confined to a select few but is available to anyone seeking to learn and engage. For me, this initiative is more than a professional endeavor, it’s a small step towards democratizing legal knowledge and fostering a culture of informed dialogue.

    With your extensive background and experience, what advice would you offer to budding lawyers who wish to have a successful career in IPR and Media and Entertainment Industry?

    My advice to budding lawyers aiming for a successful career in IPR and the Media and Entertainment industry boils down to one key principle: there is no substitute for hard work. In a field as dynamic as law, particularly in niche areas like IPR and media, the hustle and hunger to learn must never stop. While every generation benefits from advancements in technology that make knowledge more accessible and work more efficient, success in the legal profession still requires steadfast commitment and effort.

    A common observation about Gen Z is their inclination towards balancing priorities, which is undoubtedly important. However, it is crucial to remember that prioritizing knowledge and consistently honing your craft is non-negotiable in this field. Opportunities in law are not handed out, they are earned through diligence, resilience, and an insatiable curiosity to learn. The legal profession demands 100% dedication, irrespective of how sophisticated technology becomes to aid you.

    For budding lawyers, I would emphasize focusing on gaining knowledge and building expertise. Read voraciously, stay updated on developments in your area of law, and don’t shy away from putting in long hours when needed. The money, recognition, and work-life balance you aspire for will follow once you’ve laid a strong foundation through your hard work. This profession rewards those who are relentless in their pursuit of excellence, and if you bring that mindset, success will inevitably come your way.

    Managing a demanding legal career can be challenging. How do you balance your professional responsibilities with personal life, and what strategies do you employ to maintain that balance?

    When you truly love what you do, work never feels like a burden. I consider myself to be blessed to engage in work that I’m incredibly excited about making every day of my life even if it’s difficult, quite worthwhile. But in the same manner, I do think it is important to make sure you set aside time for yourself in your personal life. Balance isn’t about giving equal time to everything; it’s about prioritizing what matters most in each moment. I try to set boundaries where possible and carve out moments for myself, whether it’s through travel, or just downtime to recharge. It’s also important to acknowledge that there will be times when work takes precedence, and that’s okay, as long as one tries to balance the focus and does not forget the aspects of their life that are personal.

    Get in touch with Anushree Rauta –

  • “International disputes practice is a highly competitive field in the practice of law. In the long run, this is a game of resilience over brilliance.” – Garv Malhotra, Partner at Skywards Law and Honorary Professor at NLU, Delhi.

    “International disputes practice is a highly competitive field in the practice of law. In the long run, this is a game of resilience over brilliance.” – Garv Malhotra, Partner at Skywards Law and Honorary Professor at NLU, Delhi.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    Could you walk us through your educational path from Gujarat National Law University to your LL.M. at the National University of Singapore and Master’s at the Graduate Institute in Geneva. What inspired you to pursue these advanced degrees, and how were you able to secure full scholarships at these prestigious institutions, if you could share with our young readers?

    My legal journey started with a degree in law and commerce from GNLU, Gandhinagar. 5 years in Gujarat were incredible for me thanks to the people I met. I learned a lot and  also developed a fondness for Gujarati language. My law school journey revolved a lot around mooting and internships. I got my first taste of international arbitration through a moot in Frankfurt in 2011. I graduated from GNLU with an all-rounder scholarship and joined the bar. Alongside law school, I had worked with some leading senior counsel including Mr. Mihir Thakore, Mr. Soli Sorabjee, Mr. Siddharth Luthra and Mr. Ram Jethmalani. However, I was guided by my mentors to join a junior counsel office upon my graduation where I would learn written and trial advocacy.

    So fresh out of law school, I had the privilege of being a junior for two incredible lawyers Mr. Debesh Panda and Ms. Amrita Panda. While they are both married and work together, their styles are very different. In addition to their own stellar training as a junior to some of the greats like Mr. AK Ganguly, Mr. Rajshekhar Rao and Mr. Satish Manishinde, both of them had gained advanced academic exposure overseas and this showed in their finesse. I also worked closely with my colleague Mr. Naman Maheshwari who was senior to me and patiently guided me on practical nuances. Inspired by the journey of my seniors, I applied to the MIDS program in Geneva and was fortunate to get awarded a full scholarship to attend the same. 

    Living and studying arbitration in Geneva was amazing. The experience at MIDS is unmatched and the cohort, faculty and alumni go the extra mile in ensuring it. MIDS truly broadened my horizons and made me feel that I had unlocked new levels in a game that I had barely understood before. The chance to study under giants of arbitration like Gabrielle Kauffman-Kohler (my thesis supervisor), Emmanuel Gaillard, Zachary Douglas, Lawrence Boisson de Charzounes, Albert Yan Van Den Berg, George Bermann and others was a sumptuous treat. The learning from other members of the cohort is also enormous. After my time in Geneva, I got the opportunity to continue my education at The Hague Academy of International Law and the National University of Singapore (NUS) on full scholarships. At NUS, I got the chance to study arbitration under leaders like Lucy Reed and M. Sornarajah, and also study subjects like Oil and Gas law. 

    In my view, the key to cracking scholarships is demonstrating a balance between ability and inability to contribute. Ability to contribute positively to the cohort and the larger ecosystem if such an opportunity is given to you; as well as inability to contribute economically to access such an opportunity without assistance. 

    Your career has evolved from starting as an Advocate before the courts at Delhi to key international roles including at Drew & Napier LLC in Singapore. What motivated this transition, and how have these diverse experiences shaped your approach to dispute resolution and international arbitration?

    My stint at Drew & Napier (DN) happened by chance. While I was at NUS, I was working with Dr. Michael Hwang as an intern. He suggested that I also try to gain some experience at one of the leading disputes teams in Singapore. I reached out to my first choice, DN and fortunately got assigned as an intern to the Chairman Mr. Jimmy Yim, SC. I assisted Mr. Yim and his stellar team on a few matters including an arbitration trial. In the middle of a hearing at Maxwell Chambers, Mr. Yim took me out during the lunch break to a nearby restaurant and graciously invited me to join his team full-time after NUS. I was initially hesitant as I had a practice in India to return to but, the world has seen very few charmers like Jimmy Yim. 

    And thus after NUS I joined DN under Mr. Jimmy Yim, SC who was leading the disputes practice. Mr. Yim is one of the fiercest advocates and a master strategist. He is gifted with an unparalleled understanding of people. I think that the incisiveness with which Mr. Yim cuts through to the relevant facts from a bundle of files should be a spectator sport for amateur lawyers. His presence in a room, be it a court, arbitration or simply a meal is unmatched. 

    I also worked under Mr. Mahesh Rai, the youngest ever equity partner in DN’s 130+  year history, and for good reasons. His journey is truly inspirational and I have never seen someone who can handle such large volumes of complex work with such regal finesses, and yet be a good boss and colleague. 

    Even till today I often prepare arguments thinking how would Mr. Yim argue this or think what would Mahesh say if he reviewed this draft of mine. I have tried to train my own team at Skywards Law based on much of what I learned from colleagues at DN.

    During your time at Drew & Napier LLC in Singapore, you dealt with international arbitration and the laws of various countries. Can you share an interesting case or project from that time and how you think the Arbitration landscape in Singapore differs from that of India?

    DN is one of the citadels of disputes practice in Singapore. While I was an International Lawyer at DN, I had the chance to do a variety of matters across sectors like commodities, construction, shipbuilding, oil and gas, aerospace, aviation, hospitality, entertainment and others. 

    I fondly recall being the associate in a 4-member team for an international arbitration against an Indian PSU. Our team which was led by Mr. Jimmy Yim, SC and Mr. Mahesh Rai, acted for a South Korean Chaebol in the matter and the quantum was upwards of 200 million USD. The opposite side was represented by Indian counsel and the tribunal was a mix of retired Indian supreme court judges and a leading British QC (now KC). The arbitration was seated in Singapore, governed by UNCITRAL Rules and Indian Law. The similarities and differences of Indian and Singaporean legal traditions in the background of an intense trial being held in Maxwell Chambers came to the fore repeatedly during that trial. 

    There is much similarity in the letter of Indian and Singaporean arbitration law (both are common law and model law following countries). However, there is a huge difference in the spirit with which it is practiced by lawyers and arbitrators. In my view, Singaporeans have a beautiful pragmatic way of approaching commercial dispute resolution. Everyone conducts their job with military discipline and is respectful of the fact that they are charging by the hour to provide exceptional quality and dedication to the mandate. Timelines are very short and everyone puts their heart into delivering exceptional work within truncated timeframes. 

    Perhaps some of it is also a result of their post degree legal education system. Singaporean legal training is far more rigorous at the start of one’s career than India, and it is an ongoing process throughout one’s professional journey. Their system of admission to the bar is far longer and rigorous than India. Moreover, their CPD points system ensures that lawyers keep up with advancements in the field every single year. 

    Another memorable experience is when Mr. Yim and I supported a client in the entertainment industry in securing a multi-million dollar naming rights agreement i.e. agreement for the name of a theatre, from a leading real estate company.

    Your internship under Dr. Michael Hwang, the former Chief Justice of the DIFC, is a noteworthy achievement. How did working with such a distinguished figure impact your professional development, especially in international arbitration? Can you give an example of how this mentorship influenced your approach to subsequent arbitration cases?

    I had the chance to work under Dr. Michael Hwang for a short while in 2017. My internship was the event that turned my distant admiration for his work into a personal rapport. My learnings from him, over the years, have had a profound impact on my life. 

    Dr. Hwang, who is today one of the most celebrated thought leaders in arbitration, has also been a fierce advocate, an exceptional judge (in Singapore and Dubai), a prolific writer, a teacher of the law and a philanthropist. He is also one of my absolute favorite legal war-story-tellers. 

    In addition to unparalleled credentials, his love for the development of arbitration law is something I resonate very closely. From writing seminal articles which were the genesis of terms-of-art in arbitration (like Guerilla-Tactics), to establishing the Michael and Laura Hwang Chair in International Arbitration at NUS. His actions have truly inspired generations of lawyers, judges and academics, and his singular impact on the practice of international arbitration is outsized. 

    For me, just spending quality time with MH (as he is fondly known in his alumni circles) is a growing experience that shapes perspectives on all cases that my team and I handle. Even till date, I speak to him on videocalls and try to catch an exceptional meal with him every time I am in Singapore. Further, his lessons in written and oral advocacy are ones that have helped our journey the most. We try to emulate parts of his style in the small and big elements of our drafting and speech. 

    Recently, I have had the chance of extending the privilege of Dr. Hwang’s guidance to members of my own firm and my class at NLU, Delhi. Dr. Hwang took the final class of my 55-hour seminar course on the topic Advocacy: The Arbitrator’s Perspective.

    As a Partner at Skywards Law, you lead Dispute Resolution and represent clients in complex multi-party and cross-jurisdictional arbitration cases. Could you discuss your strategy in handling one such high-stakes case?

    Skywards Law is a boutique law firm. Our strategy in every case and situation is bespoke. However, every strategy has to be grounded in a deep understanding of the facts and circumstances. In many cases that also includes developing an understanding of the underlying technical aspects. A mix of our training, experience, teams and specialized technology help us to pre-empt issues and resolve legal matters efficiently. 

    In a recent arbitration involving a coal-related international transaction where we acted for a Singaporean entity, a dispute arose on various issues. The agreement, which provided for a three member tribunal, was governed by Singapore Law and SIAC rules. Upon digesting the facts and numbers we understood the need to balance costs with quantum. So we first got the proceedings converted to an expedited proceeding before a sole-arbitrator. Thereafter, we conducted the procedural hearings virtually and a final physical hearing in Kuala Lumpur (instead of Singapore). Using a few other strategies, we were able to get a favorable award within less than a year at a lower cost than initially estimated with substantial legal costs awarded to the client in the final award. 

    How do you foresee the future of international arbitration in the Indian legal landscape?

    In my view, the future of international arbitration in India appears to be exceptionally bright. As the country emerges as a business hub with massive import and export of capital, goods and services, the preference of companies for arbitration (for international disputes) is clear due to its flexibility and efficiency when compared to alternatives. It is however, an imperfect system with much scope for tactics and abuse. 

    A key driver of this progress is the pool of exceptional lawyers who are not only acting for Indian clients but for global entities, who are acting as arbitrators, leading institutions and becoming thought leaders. Their expertise and dedication is building confidence in India’s arbitration ecosystem and making it increasingly attractive. 

    Legislative and judicial efforts towards bolstering India’s position have played a key role. For example the Arbitration and Conciliation Act has been amended multiple times with a view to fine-tune it and create a robust framework. The appellate courts have pro-actively supported the development of a judicial ecosystem that respects arbitration. 

    The ecosystem is further supported by the efforts of the bar and prominent Senior Advocates such as Mr. Gourab Banerji, our Attorney General and Solicitor General, Mr. R. Venkatramani and Mr. Tushar Mehta respectively, Mr. Gaurav Pachananda, Mr. Shashank Garg and many more.

    While India is far from achieving its goal of becoming a global hub for international arbitration, I believe that it is much closer to this goal than it was just a few years ago. The proliferation of thought-leadership events like the Delhi Arbitration Weekend, the mushrooming of arbitration institutions and the wealth of jurisprudence and literature being developed on the topic are clear indicators of this growth. 

    In 2024, you were appointed as an Honorary Professor at the National Law University, Delhi. Could you kindly share insights about your academic journey with our readers?

    Academia and the progressive development of the law have a special place in my heart. I have been teaching law for over a decade. I started teaching short courses on Investment Arbitration at my alma mater GNLU. I was also involved with some practitioner-oriented sessions at NUS and NALSAR. However, I started dedicating more time to academia after I moved back to India and set up Skywards Law. 

    Initially I taught a 40-hour seminar course on arbitration at the National Law School, Bangalore. Since the last few years, I have been teaching law on Friday evenings at National Law University, Delhi (NLUD) in alternate semesters. I teach a 55-hour seminar course titled “Practical Aspects of International Arbitration”. It is offered to advanced students who have studied arbitration as a subject previously. 

    The University, under the leadership of Dr. G.S. Bajpai was kind enough to appoint me as an Honorary Professor alongside some leading names from India and around the world. In this role, I try to be a catalyst to the University’s broader vision of developing a favorable academic ecosystem for arbitration, business law and international law. I also get the chance to support their thought-leadership initiatives and assist with innovative teaching experiments aimed at grooming young lawyers for the journey ahead. 

    What advice would you offer to young lawyers aiming to excel in International Arbitration, and could you recommend any resources to help them stay updated on the evolving landscape of the field?

    My foremost advice to law students and young counsels is to have fun and enjoy the process rather than fixate on a future destination. International disputes practice is a highly competitive field in the practice of law. In the long run, this is a game of resilience over brilliance. Life is full of ups and downs, focusing on long term progress instead of short term gratification and optics. Focus on ‘doing’ over ‘being’. Excellence is the eligibility criteria for the higher echelons of the game and being a well-rounded personality will help you sustain your journey.

    However, international disputes is a dynamic field with much scope for value addition and innovation in the short term. Young counsels should embrace this spirit and always seek opportunities, however small and try to do their best in it. Another advice would be to find good mentors and build long-term relations. 

    Young counsels can consider gaining practical insights from summer schools such as the Paris Arbitration Academy, Geneva Summer School, Basel Winter School, the Hague Academy of International Law etc. An LL.M. is not essential but goes a long way in building and boosting one’s career by getting you a seat on exclusive tables. Though these courses come with a significant financial commitment, there are various ways to secure funding. In my view, getting into elite programs is often more challenging than securing the funds for it. 

    Given your demanding career and professional obligations, how do you unwind and maintain a healthy work-life balance?

    Maintaining a healthy work-life balance is integral to sustainability in a demanding profession. Temperament and balance are very important for a lawyer to remain objective and efficient. I believe that taking breaks and pauses help a lot. I also believe that philosophical concepts like joie de vivre and pursuit of happiness are very important and thus I intersperse my work life with experiences beyond the law that bring me joy and happiness.

    As an avid traveller, I try my best to take multiple trips every year. Some of these are vacations, some are weekend getaways and some are just extensions to work trips. So far, I have travelled to over 30 countries and over 200 cities. I look forward to exploring more destinations in the Americas and Africa in the near future. I enjoy travelling alone, with my wife (who is a former travel journalist) and with friends and with family. 

    Music is another constant companion in my life. I have a deep love for exploring new musical creations across genres and artists from around the globe. The creative genius in music continually amazes me, reminding me of the boundless possibilities of human expression. Audiobooks have also become an essential part of my routine, especially as they fit seamlessly into busy schedules. Whether I’m driving, waiting for a meeting or at the airport. Skilled narrators made the process of consuming books easy and incredibly relaxing. 

    I also get to maintain a balanced life due to my stellar associates (gratitude shoutout to Eshan Chaturvedi, Arijit Sanyal and Arundhati Kale), and colleagues from other teams at Skywards Law who accommodate my schedules with patience and optimize my time efficiently. 

    Get in touch with Garv Malhotra –

  • “I was always sure since beginning that I wanted to be a Litigating Lawyer and be in the Courtroom throughout my Career.” – Rahul Totala, Independent Counsel at RT Legal – Advocates & Consultants.

    “I was always sure since beginning that I wanted to be a Litigating Lawyer and be in the Courtroom throughout my Career.” – Rahul Totala, Independent Counsel at RT Legal – Advocates & Consultants.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    With over a decade of extensive practice, what initially inspired you to pursue a career in law and what factors led you to choose this profession?

    My father, Mr. Rameshwar Totala, who is practising at Bombay High Court since 1985, inspired me to pursue a career in law. Since my childhood, I have seen this profession very closely. Since my school days, I accompanied my father and his juniors to courts and spent evening time at his office, so choosing this career came very naturally to me.

    What was your area of specialization during your LLM at Bharti Vidyapeeth University, Pune, and what motivated you to choose that particular field of study?  

    During my LLM at Bharti Vidyapeeth University in Pune, I specialized in Corporate Law. I recognized that expertise in Corporate and Commercial Law would not only enhance my professional capabilities but also allow me to assist clients effectively in navigating complex commercial disputes, making it a strategic choice for my career development especially when you are practising at the financial capital of the country, Mumbai.

    Following law school at ILS Law College, Pune, you interned and worked with several prominent advocates and law firms. Could you describe your formative years and the key lessons and experiences that influenced your career path?

    My formative years at Law School included internships with esteemed advocates such as Shri Harish Salve, Senior Advocate, Supreme Court of India and Shri Vineet Naik, Senior Advocate, Bombay High Court. I also got an opportunity to intern in my final semester at Lakshmikumaran & Shridharan firm, Delhi, which specialises in indirect taxation. I also actively participated in moot court competitions and got the opportunity to represent ILS Law College both nationally and internationally. I was also an active participant in cultural events during college in drama and music, which also helped me connect with students from 1st  year to 5th year and I am proud that I have friends today from college, not only my batch but throughout all the batches of 2005 to 2010. All these experiences were instrumental in opening a new horizon for me in the legal profession. Working closely with the best professionals in the world allowed me to gain practical insights into various legal strategies and the nuances of litigation, which have been invaluable throughout my career. I have been in touch with all seniors and colleagues whom I met during my internship even today, who helped and guided me during my formative years and I take it as my responsibility to pass on the same learnings, tips and methods to the interns and juniors who intern and work at our chambers.

    You’ve been an independent counsel for almost a decade and what challenges did you face during this transition after you switched from a law firm? 

    My journey from working as a Legal Associate at Vidhii Partners, Mumbai after ILS Law College from 2010 to 2011, then working as a Junior Counsel with Shri Chetan Kapadia, Senior Advocate, Bombay High Court  from 2011 to 2017, and then to an Independent Counsel at RT LEGAL chambers since then has been both demanding and deeply fulfilling and I am eternally grateful to my seniors, because of whom, I am able to litigate effectively in courts and tribunals across the globe. I was always sure since beginning that I wanted to be a litigating lawyer and be in the Courtroom throughout my Career. I was fortunate to work at Vidhii Partners after college, where I got the exposure to work at every possible court and tribunal at Mumbai thereby understanding the procedural niceties and the said experience helped me throughout my career till today. 

    Given your extensive experience in arbitration, how do you prepare for representing clients in arbitral tribunals, particularly in international commercial and contractual disputes? 

    Preparing for representation in arbitral tribunals involves comprehensive case analysis and strategic planning. Our aim is to have the client bring us all the minute details, which may be either in the form of documentary evidence or oral evidence and then we try to understand the factual scenario after keeping ourselves in the shoes of our client. This fact discovery exercise with the client, prior to initiation of legal proceedings is very important, to avoid any surprises from the other side during the course of trial. In the evolving global landscape, arbitration throughout the globe has become the “new normal” for resolution of disputes and I try and keep myself updated with the best international practices in order to effectively represent my clients. Also, my first effort is to try and convince the client to mediate, if that is an option in the given facts and circumstances. In the last 24 months, despite initiation of Arbitral Proceedings in multiple cases, we have been able to effectively settle half a dozen cases through mediation for our clients to their utmost satisfaction. Out of court settlement brings respite to the client and reduces the litigation at all future stages, thereby saving the burden on our judicial system which is already reeling under the pressure of pendency.  

    What do you consider to be the primary challenges companies face when dealing with Insolvency petitions and liquidation matters, and how do you assist them?

    I have represented and advised several companies in Insolvency and Liquidation matters. The primary challenge faced by the companies, who find themselves in such a position, is lack of legal awareness. I assist these companies by providing tailored legal advice which helps them navigate their rights and obligations under the law so that further damage could be controlled and if required, options for restructuring or liquidation of such companies while ensuring compliance with relevant regulations could also be worked out. I have been fortunate enough to have worked on several large insolvency cases which the country has witnessed since 2017.

    What advice would you offer to law students aspiring to build a successful career like yours? Are there any resources or tools you regularly refer to while navigating the legal profession?

    For law students aspiring to build successful careers, I recommend seeking diverse experiences through internships and actively networking within the legal community. They should explore different areas of practice in Law before choosing a niche area of practice. Engaging with mentors can provide invaluable guidance. Staying updated on legal developments through journals, books, online resources is also crucial for continuous professional growth. The field of law is vast and offers numerous opportunities. Through internships, students can explore and determine their preferred career paths, whether it be litigation, corporate law, serving as In-House legal Counsel, being a part of Judiciary or pursuing a career in academia. Last but not the least, litigation is a marathon race, in which you will succeed only if you stick around. After COVID, Virtual hearings are the new normal and most of the courts have also begun to live stream the proceedings. It is a great opportunity for the law students and lawyers to regularly witness these proceedings virtually in the comfort of your home/office and follow the cases, which are of national importance or involve an interesting question of law. 

    With the demanding nature of your career and responsibilities, how do you manage to unwind and maintain a healthy work-life balance? What strategies or activities help you cope with stress and stay focused?

    Our work often demands frequent travel to different cities for court hearings, client meetings, or case preparations. Amidst the relentless pace of this profession, I strive to carve out moments to unwind. Music, one of my cherished hobbies, becomes a sanctuary where I can momentarily escape the pressures of legal battles. It allows me to slow down, regain my composure, and reconnect with myself and approach my responsibilities with renewed focus and energy. If I would not have been a lawyer, I surely would have been in the music profession.

    Get in touch with Rahul Totala –

  • “Growing up, I often heard stories about beloved authors and musicians who struggled to protect their rights. This sparked my passion for Intellectual Property Rights, as it directly addresses the protection of creators’ rights.” – Udita Kanwar Chavan, Partner at Willow Legal. 

    “Growing up, I often heard stories about beloved authors and musicians who struggled to protect their rights. This sparked my passion for Intellectual Property Rights, as it directly addresses the protection of creators’ rights.” – Udita Kanwar Chavan, Partner at Willow Legal. 

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    With your extensive experience in law, what initially inspired you to pursue a career in this field, and what factors contributed to your growing interest in Intellectual Property Rights, Technology, and Commercial Contracts?

    I am a bibliophile, and I enjoy listening to music. Growing up, I often heard stories about beloved authors and musicians who struggled to protect their rights. This sparked my passion for Intellectual Property Rights, as it directly addresses the protection of creators’ rights. Additionally, the rapid technological advancements over the past decade have led to evolving legal frameworks, such as the IT Act of 2000 and ongoing discussions around generative AI and online privacy. This dynamic nature of IPR captivated my interest and motivated me to work in this field.

    When I was studying at GNLU during each vacation I was interning with a law firm or a company and getting exposure to various fields of law such as competition law, corporate laws, labour laws,  banking and finance etc and I thoroughly enjoyed each of my internships but when I participated in the G.H, Raisoni IP Moot Competition and thereafter interned at K&S Partners, Gurgaon, I knew that this was the field of law that aligned with my personal interests and therefore, will be a practice area that I would want to pursue my career in. 

    After earning your law degree from NLU Gujarat, what motivated you to pursue an LLM in IP & Technology Laws at the National University of Singapore? How did the teaching methods there differ from other law schools you’ve experienced?

    Pursuant to earning my law degree at NLU Gujarat, prior to joining the work force for good, I wanted to study intellectual property rights and technology laws in detail since we only had the said subject for 1 semester which is a very brief period to deep dive into the subject. NUS offered a rigorous LLM course in Intellectual Property and Technology Laws with some of the most renowned faculty members teaching the subjects. When I was successful in securing a seat at NUS, it was a dream come true for me.

    At NUS the Socratic teaching method fostered critical thinking among students. The professors would often nudge us into diving deeper into a legal issue presented and encourage creative solutions to legal problems.  The diverse classroom environment allowed students from various backgrounds to share unique perspectives, enhancing our learning experience.

    You began your career at Linklaters Singapore Pte. Ltd.,, and later worked with top law firms in India. What were your early years of practice like, and what are some key lessons you learned that you would like to share with our readers?

    My early years at Linklaters Singapore were invaluable. While pursuing my LLM, I worked in their banking and finance team, where I learned the importance of diligence and comprehensive involvement in transactions. My seniors (Mr Michael Vanaselja and Mr Beelee Seah) emphasized the significance of understanding the entire lifecycle of a deal. Upon returning to India, I joined R.K. Dewan & Co., where I was fortunate to work closely with Dr. Mohan Dewan and Late Mr. M.R. Nair (head of Mumbai office). Dr. Dewan is my mentor because he shaped my understanding of Indian IP Laws, he was kind enough to let me lead various IP matters when I was still quite “green” in the field while of course guiding me whenever I required assistance. He and Mr. Nair taught me to approach legal issues from multiple angles and reinforced the need for continuous learning. 

    At Khaitan & Co., I focused on legal advisories and high-value transactions, learning to deliver quality services even under tight deadlines while appreciating the value of teamwork.

    You have had an impressive career trajectory. What factors led to your decision to start your independent practice at Willow Legal, and how do the experiences of working at large firms like Khaitan & Co. compare to running your own practice?

    After nearly a decade in practice, my partner Vikramaditya and I decided to establish our boutique firm, Willow Legal. We recognized a gap in the market where startups often lacked adequate IP protection, which affected their valuations during funding rounds. Similarly, since Vikramaditya and I are fond of arts and music, we wanted to work closely with independent artists to help them negotiate fair contracts with music labels/producers. 

    Working at Khaitan & Co. offered the convenience of having a dedicated paralegal team that handled much of the administrative workload, such as couriering documents, managing invoices, and tracking payments. In contrast, at our practice, we must attend to these details ourselves. However, this shift comes with greater freedom in managing our workloads and deliverables. We can foster stronger relationships with our clients by being readily available for meetings and calls when needed. We also have the flexibility to choose the matters we wish to pursue, evaluating them not solely based on billable hours. If certain cases require more time due to their complexities, we embrace that challenge. Additionally, we engage with a diverse range of issues and dynamic entrepreneurs, making this journey both exciting and worthwhile despite the minor inconveniences.

    Having worked on high-profile IP due diligence, what are some of the crucial aspects of IP due diligence that companies tend to overlook?

    In the music and media related transactions, we often notice that the contracts are not comprehensive to protect one’s IP ownership, specifically copyright. Very often the contracts do not even have the appropriate clauses ensuring the assignment of IP from the artist to the producer, inadequate stamping is a very common issue that is often noticed in the contracts for these industries. With reference to other transactions, we note that very often the employment contracts, founder contracts, consultant contracts also do not have appropriate IP ownership clauses or clauses pertaining to ownership of IP created during the appointment of services of the consultant. Furthermore, in many cases IP is owned by the founders of the company and is being used by the Company without appropriate licenses in place; in many cases IPs filed with the respective authorities are not prosecuted correctly (and applications are abandoned or on the verge of abandonment).

    With over nine years of experience in Intellectual Property, what trends do you foresee emerging in IP law, especially in India, in the coming years?

    Generative AI is the buzz word everywhere and it also applies to IP laws, with the increased use of Generative AI, it is only a matter of time when more disputes pertaining to the use of content developed using Generative AI or copyrights over the content that is fed to AIs to generate the results will arise. Last month we saw the first such dispute filed before the Delhi High Court (ANI v Open AI). This will definitely be an interesting space to watch. Even in the media industry, the recent case filed by Mr. Jackie Shroff seeking to enforce his personality rights has an important area of copyright law being discussed i.e. parody as an exception to copyright infringement. Furthermore, with the increased focus on clean and green technology, it is safe to say that  sustainability and green technology innovations will gain prominence, and there may be more patents filed pertaining to the same.

    Given the demands of your profession, how do you manage to strike a balance between your personal life and professional responsibilities?

    It is extremely important to have discipline in one’s life. Even in our independent practice we ensure that we have fixed work timings, working days and in all of this we ensure that we continue pursuing our hobbies come what may. Many people underestimate the importance of having hobbies, but it is extremely important for one to make time for their hobbies and it can be something as simple as reading a book or meditation. When work demands spill over into personal time, we compensate by taking breaks on non-working days to recharge.

    What advice would you give to law students who aspire to build a successful career in law like yours? Are there any particular resources or tools you regularly rely on when navigating the legal profession?

    I encourage law students to pursue diverse internships to discover their true interests rather than simply following trends or lucrative paths. Every area of law has potential for success if one remains committed to continuous learning and adaptability. Embrace challenges as opportunities for growth; mistakes are part of the journey toward improvement. I would also recommend young lawyers to not be afraid of taking chances, to be a solution provider and if in the process you make mistakes, it is alright everyone has been there, we just have to learn from them and be better as each year goes by. Most importantly, have a close circle of family and friends, sometimes the work may get overwhelming and tiresome at such times your loved ones will help you bounce back with rigour.