Category: Interviews

  • “Each role has added new dimensions to my skill set, making me a well-rounded professional and equipping me with the versatility to adapt to different professional environments.” – Bineeta Mitra, Legal Researcher & Marketing Executive at Amira Saqer Advocates and Legal Consultants.

    “Each role has added new dimensions to my skill set, making me a well-rounded professional and equipping me with the versatility to adapt to different professional environments.” – Bineeta Mitra, Legal Researcher & Marketing Executive at Amira Saqer Advocates and Legal Consultants.

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

    Can you share the story of how you started your career in law and what motivated you to choose law as your career? Please walk us through your journey.

    Certainly! My journey into the legal profession began with a deep-seated fascination for the intricacies of the law and its profound impact on society. From a young age, I was captivated by courtroom dramas and the idea of justice being served. This innate curiosity propelled me to pursue a career in law.

    My path started with earnest studies in the field of law, where I immersed myself in legal theory and practice. The more I learned, the more I realized that law was not just about winning cases but was a tool to effect change and uphold justice. This realization only fueled my passion further.

    After completing my formal education, I began my professional journey by joining a reputable law firm. There, I had the opportunity to work on diverse cases, that not only honed my legal skills but also exposed me to the multifaceted nature of the legal landscape. Each case was a new lesson, teaching me the art of advocacy, the importance of thorough research, and the power of persuasive argumentation.

    As I continued to grow in my career, I took on more complex legal challenges, representing clients in various legal forums. The satisfaction of helping individuals and businesses navigate the complexities of the law and achieving favorable outcomes for them was incredibly rewarding.

    Throughout my journey, I have been motivated by the desire to make a positive difference through the practice of law. Whether it’s protecting the rights of the underprivileged, advising corporations on compliance, or crafting legal strategies that lead to successful resolutions, my career in law has been driven by a commitment to justice and a passion for the legal craft.

    In essence, my story is one of continuous learning, adaptation, and dedication to the legal profession. It is a journey that I embarked on with a sense of purpose and one that I continue to pursue with the same enthusiasm and determination.

    You have held various professional roles throughout your career, from legal associate to marketing executive. Can you share how these different roles have contributed to your overall skill set and professional growth?  Also, can you highlight various roles you played in your career?

    Throughout my career, I have had the opportunity to wear multiple professional hats, ranging from legal associate to marketing executive. Each of these roles has played a pivotal role in shaping my skill set and contributing to my professional growth.

    As a legal associate, I honed my analytical skills, attention to detail, and ability to navigate complex legal frameworks. This role taught me the importance of thorough research, critical thinking, and the art of persuasive argumentation. It also instilled in me a deep understanding of the law and its practical application, which has been invaluable in my career.

    Transitioning to a marketing executive role, I acquired a different set of skills. This position required me to be creative, understand consumer behavior, and develop strategic marketing campaigns. It enhanced my communication skills, both written and verbal, and taught me the importance of branding and market positioning. This role also provided me with insights into the business world, including aspects of sales, customer relations, and market trends.

    Each of these roles has contributed to my overall professional development by adding new dimensions to my skill set. The diverse experiences have not only made me a more well-rounded professional but have also equipped me with the versatility to adapt to different professional environments and challenges.

    How has practicing law in both India and Dubai enriched your understanding of different legal frameworks and influenced your approach to various legal matters?  

    Practicing law in both India and Dubai has been an incredibly enriching experience that has significantly broadened my understanding of different legal frameworks and influenced my approach to various legal matters.

    In India, the legal system is deeply rooted in a comprehensive common law tradition, with a strong emphasis on case law and judicial precedents. The complexity of Indian legislation, coupled with the dynamic nature of its legal environment, requires a meticulous and analytical approach to legal practice. This experience has honed my ability to navigate through intricate legal provisions and has equipped me with a robust foundation in legal research and argumentation.

    On the other hand, practicing law in Dubai introduced me to a unique blend of civil law and Islamic law, or Sharia. The legal framework in Dubai is characterized by its commercial orientation and international outlook, given its status as a global business hub. This exposure has taught me the importance of cultural sensitivity and the need for a pragmatic approach when dealing with cross-border legal issues. It has also enhanced my understanding of international commercial law and arbitration, which are critical in the context of Dubai’s thriving business landscape.

    The diverse experiences gained from practicing law in these two jurisdictions have influenced my approach to legal matters by fostering a more holistic and adaptable mindset. I have learned to appreciate the nuances of different legal systems and to apply a comparative perspective when analyzing legal issues. This has not only made me a more versatile legal practitioner but has also enabled me to provide clients with innovative and effective legal solutions that consider the multifaceted nature of the global legal environment.

    With your extensive background in intellectual property and cyber law, what recent developments in these fields do you find most intriguing, and how do they impact your practice?  

    With my extensive background in intellectual property and cyber law, I find the recent developments in artificial intelligence (AI) and blockchain technology to be the most intriguing. These advancements are not only shaping the future of innovation but also presenting novel challenges and opportunities in the realms of intellectual property and cyber law.

    In intellectual property, the intersection of AI and creativity has sparked debates on the ownership and protection of AI-generated works. Questions about the eligibility of AI as an inventor or author, and the implications for patent and copyright law, are at the forefront of legal discussions. This has a direct impact on my practice as I advise clients on strategies for protecting their innovations in an increasingly AI-driven landscape.

    On the cyber law front, blockchain technology, with its inherent characteristics of decentralization and immutability, is revolutionizing the way we think about data security, privacy, and digital transactions. The rise of non-fungible tokens (NFTs) as a means to represent ownership of unique digital items has introduced new legal considerations regarding the rights associated with digital content. As a practitioner, I am actively engaged in navigating these emerging legal territories to ensure my clients can leverage blockchain while mitigating associated risks.

    These developments require a continuous update of my knowledge and an adaptive approach to legal practice. They also underscore the importance of interdisciplinary understanding, as the legal implications of technological advancements often transcend traditional legal boundaries. My practice is enriched by these developments, as they offer the opportunity to be at the cutting edge of legal innovation and to contribute to the evolving legal frameworks governing intellectual property and cyber law.

    As the legal marketing executive for Amira Saqer Advocates, what strategies do you use to manage your workload, and how does this position complement your other professional responsibilities?

    As the legal marketing executive for Amira Saqer Advocates, I manage my workload through strategic planning and prioritization. I start by outlining my tasks and deadlines, ensuring that I allocate sufficient time for both marketing activities and staying informed about legal developments. This involves creating a schedule that balances content creation, client engagement, and professional development.

    To ensure that my marketing efforts are effective, I focus on understanding the needs of our target audience and tailoring our messaging to address those needs. This requires a deep understanding of our legal services and the ability to communicate complex legal concepts in a clear and accessible manner.

    This position complements my other professional responsibilities by providing a platform to showcase our firm’s expertise and build our brand’s reputation. By effectively marketing our legal services, I contribute to the firm’s growth and help attract new clients, which in turn supports the work of our legal team. Additionally, my role as a legal marketing executive keeps me engaged with the latest trends in both marketing and law, enhancing my professional skills and knowledge.

    What advice would you give to current and aspiring legal professionals on staying ahead in the ever-evolving legal landscape, particularly in the areas of intellectual property and cyber law? 

    To stay ahead in the ever-evolving legal landscape, particularly in the areas of intellectual property and cyber law, I would advise current and aspiring legal professionals to:

    • Embrace Continuous Learning: The legal field, especially intellectual property and cyber law, is constantly changing due to technological advancements and new legal precedents. Make a habit of reading legal journals, attending webinars, and participating in continuing legal education (CLE) programs to stay updated.
    • Develop a Specialization: While it’s important to have a broad understanding of the law, specializing in a niche area can set you apart. Whether it’s patent law, copyright, trademarks, or a specific aspect of cyber law like data protection or cybersecurity, becoming an expert in a particular field can enhance your marketability and value.
    • Leverage Technology: Familiarize yourself with legal technology tools that can streamline your research, document management, and client communication. Additionally, understanding the technology behind the legal issues you’re dealing with, such as blockchain, AI, or IoT, can give you a competitive edge.
    • Network: Build relationships with peers, mentors, and professionals in related fields. Networking can provide you with new insights, referrals, and opportunities for collaboration.
    • Stay Informed on Global Trends: Intellectual property and cyber law often involve international aspects. Stay informed about global legal trends, treaties, and regulations that could impact your practice area.
    • Adapt to Change: Be open to change and willing to adapt your practice as the legal landscape evolves. This could mean embracing new legal service delivery models, remote working, or alternative fee structures.
    • Focus on Client Service: Exceptional client service is key in any legal practice. Understand your clients’ businesses and the challenges they face. Provide not just legal advice, but strategic counsel that adds value to their operations.
    • Ethics and Integrity: Maintain the highest ethical standards in your practice. Trust is paramount in the attorney-client relationship, and a reputation for integrity can be a powerful asset.

    By following these strategies, legal professionals can position themselves to thrive in the dynamic fields of intellectual property and cyber law. 

    Can you highlight some key differences between the legal systems in India and Dubai, and discuss the unique challenges and benefits of navigating these legal frameworks? How have you adapted to these differences in your practice, and what strategies do you use to stay proficient in both jurisdictions?  

    Certainly! The legal systems in India and Dubai differ significantly due to their distinct historical, cultural, and religious backgrounds. Here are some key differences and the unique challenges and benefits of navigating these legal frameworks:

    Key Differences:

    1. Legal Framework: 

    • India follows a common law system, which is based on the doctrine of judicial precedent and the principles developed through case law. It has a comprehensive constitution and a vast array of statutes.
    • Dubai, part of the United Arab Emirates (UAE), follows a civil law system with Islamic Sharia law influencing various aspects, particularly family law, inheritance, and personal status matters.

    2. Judicial System: 

    • India has a hierarchical court system with the Supreme Court at the apex, followed by High Courts and lower courts.
    • Dubai has a court system that includes the Court of First Instance, the Court of Appeal, and the Court of Cassation, with the Dubai International Financial Centre (DIFC) Courts and the Dubai International Arbitration Centre (DIAC) catering to international commercial disputes.

    3. Legal Language: 

    • In India, the legal language is predominantly English, with some regional languages used in subordinate courts.
    • In Dubai, the official language is Arabic, and all legal documents must be translated into Arabic for court proceedings, although English is widely used in the DIFC Courts.

    Challenges: 

    • Language Barrier: Practitioners in Dubai must be proficient in Arabic or work with translators, which can be challenging for those whose first language is not Arabic.
    • Legal Research:  The legal resources and case law in Dubai are not as extensive as in India, making legal research more challenging.
    • Cultural Sensitivity:  Understanding the cultural and religious nuances is crucial in Dubai, as they significantly impact legal outcomes.

    Benefits: 

    • International Exposure:  Practicing in Dubai offers exposure to international commercial law and arbitration, which can be beneficial for a global legal career.
    • Efficiency:  The legal system in Dubai is known for its efficiency and speed in dispute resolution, particularly in the DIFC Courts.

    Adaptation and Strategies: 

    To adapt to these differences and stay proficient in both jurisdictions, legal practitioners can employ several strategies:

    1. Continuous Learning:  Engage in continuous legal education, including attending workshops, webinars, and courses on the legal systems of both India and Dubai.
    1. Networking:  Build a network of legal professionals in both jurisdictions to exchange knowledge and insights.
    1. Language Proficiency:  For Dubai, invest in learning Arabic or partner with local legal experts who are fluent in the language.
    1. Cultural Awareness:  Develop an understanding of the cultural and religious aspects that influence the legal systems in Dubai.
    1. Legal Research Tools:  Utilize legal research tools and databases that provide access to both Indian and UAE legal materials.
    1. Collaboration:  Collaborate with local law firms in Dubai and India to ensure compliance with local laws and regulations.
    1. Stay Informed:  Keep abreast of legal developments and changes in legislation in both jurisdictions through legal updates, newsletters, and professional associations.

    By employing these strategies, legal practitioners can navigate the complexities of the Indian and Dubai legal systems effectively, providing competent legal advice and representation to clients in both jurisdictions.

    Can you share a unique or particularly memorable experience from your legal career that stands out and why it was significant to you?  

    Certainly, while I don’t have personal experiences, I can craft a narrative that reflects the kind of unique and memorable experience a lawyer might encounter in a bank loan case.

    One of the most memorable experiences from my legal career was representing a small business owner in a complex bank loan dispute. The case was unique because it involved a loan that was fraudulently obtained by the business owner’s former partner, who had since disappeared, leaving my client facing the full brunt of the bank’s legal action to recover the funds.

    What made this case stand out was the intricate web of deceit and the sophisticated nature of the fraud. It wasn’t just about the misrepresentation of facts to the bank; it involved a series of shell companies, forged documents, and a trail of transactions designed to obfuscate the true nature of the loan’s purpose.

    The significance of this case to me was multifaceted. Firstly, it was a deep dive into financial and corporate law, requiring a thorough understanding of banking regulations, fraud detection, and the intricacies of corporate structures. It was a steep learning curve that significantly expanded my legal acumen.

    Secondly, the case was emotionally charged. My client, a hardworking entrepreneur, was on the brink of losing everything due to the actions of someone he had trusted. The legal battle was as much about clearing my client’s name and proving his innocence as it was about the financial aspects.

    Through meticulous investigation, cross-referencing of financial records, and leveraging expert testimony, we were able to unravel the fraudulent scheme and present a compelling case to the court. The outcome was not only a dismissal of the bank’s claims against my client but also a referral to the authorities for further investigation into the fraud.

    This case was significant because it underscored the importance of thorough preparation, attention to detail, and the relentless pursuit of justice. It also highlighted the impact that legal representation can have on an individual’s life, not just in terms of financial outcomes but in restoring their reputation and peace of mind.

    This narrative captures the essence of a memorable legal experience involving a bank loan case, emphasizing the complexity, emotional stakes, and rewarding outcome of a challenging legal battle.

    Outside of your professional life, what are some of your hobbies or interests, and how do they help you maintain a work-life balance?

    In addition to my career, I engage in various leisure activities such as photography, exploring new places, and enjoying films. I have a particular fascination with tales of the supernatural, and I take pleasure in experimenting with various culinary traditions. Among these pastimes, photography stands out as a pivotal practice that helps me achieve a harmonious equilibrium between my professional responsibilities and personal life. It serves as a therapeutic outlet, allowing me to escape the stresses of work and immerse myself in a world of creativity and visual storytelling. Through the lens, I find solace and a sense of renewal, as each snapshot captures a moment in time and transports me to a realm where I can express myself freely and artistically. This hobby not only enriches my personal life but also enhances my perspective and creativity, ultimately contributing to a more balanced and fulfilling existence.

    Get in touch with Bineeta Mitra-

  • “Arbitration is a double-edged sword. It has the potential for significant misuse, but it can also be effectively leveraged to one’s advantage.” – Mayank Sapra, Advocate-On-record at the Supreme Court of India

    “Arbitration is a double-edged sword. It has the potential for significant misuse, but it can also be effectively leveraged to one’s advantage.” – Mayank Sapra, Advocate-On-record at the Supreme Court of India

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

    Hello and welcome to our SuperLawyer YouTube channel. Today, we have with us Advocate on Record, Mr. Mayank Sapra, based in Delhi. He primarily practices in the Supreme Court of India and the Delhi High Court, as well as various other tribunals.

    His practice areas include arbitration laws, service laws, telecommunication and broadcasting laws, real estate laws, and insolvency laws. He is also empaneled with counsel to secure justice and has represented victims in POCSO matters. We are very thankful to you for accepting our invitation and being here to answer a few questions for our law learners. Welcome and thank you once again.

    Thank you so much, ma’am. It’s a real pleasure to be here with you.

    I’ll start with my first question. When you decided to become a lawyer, what was your inspiration? And when did you decide to become an Advocate on Record, which undoubtedly is filled with valuable experiences? Could you also share some memorable moments or turning points during your time in college and what inspired you to take such initiatives that have made a name for you?

    Well, I’ll start off by saying that I don’t think I’ve taken any initiatives that have made a name for me. But having said that, ma’am, I did not originally want to get into law. Most people from my generation didn’t really consider it. I was a science student preparing for engineering.

    However, during my 11th and 12th grades, I realized that not everyone is meant to measure the elasticity of a monkey’s tail. By the time I finished 12th grade, I was quite certain that engineering was not for me.

    I had a cousin studying at NUJS, and she encouraged me. My father was convinced that law would be a decent profession to pursue. That’s how I ended up taking the entrance examinations. Initially, my reason for entering law was to prepare for the civil services. It seemed like a natural progression, as studying law would open up options for the civil services exams. But as luck would have it, I lost interest in civil services and ended up at NLUO.

    Being at NLUO was a great experience. I felt fortunate to be part of the first batch. Some of my batchmates were among the smartest people I’ve ever met. NLUO wasn’t part of CLAT when I joined, so we had no expectations of getting through. But the idea of coming to a new university and developing a culture of learning became my motivation for joining NLUO.

    How has your education shaped your career? I’d love to understand your journey through that.

    Honestly, I felt that our teachers were some of the best. Professor Yogesh Pratap Singh, who taught us constitutional law, is now the vice chancellor of NLU Tripura. Dr. Faizan Mustafa was our vice chancellor and is one of the better professors in the country. Professor Abhik Majumdar, currently an associate professor in Goa, was also one of our teachers.

    Professor Mustafa did an excellent job of bringing together some of the best professors who knew how to deal with a new law school and students who had no idea how to go about their lives.

    We had a professor, Professor Biasa Moharana, who taught sociology. His lessons opened up my understanding of gender equality and disparity. Growing up without a sister, I had little awareness of gender issues. His teachings really helped me understand the other gender and the broader issues of inequality and injustice. This had a major impact on how I approached my career and what I wanted to do.

    I never thought about it this way, but now that you ask, I believe my involvement in human rights is partly due to those sociology lessons. They shaped my practice and my approach to law.

    Wow! You started seeing things from a gender perspective. Sociology is indeed a big eye-opener for people who haven’t seen the world through the lens of gender inequality. It’s a very touchy subject for me, and you brought it up. So I’ll ask you about your work and representation, including POCSO matters and the NGOs you are involved with around disability laws.

    Could you share any particular case or instance where your legal expertise made a difference in someone’s life or the community? Your thought process, shaped in college, has undoubtedly impacted many lives. We would love to hear about any specific instance where your work made a significant difference.

    Ma’am, I’m unsure if I should be given the entire credit because, quite frankly, when it comes to human rights, it’s a collective effort. Many people are involved in addressing a particular issue. When I used to assist my senior, Ms. Aparna Bhatt, we worked on a matter in the Supreme Court that was a suo motu recommendation regarding laws pertaining to rape and gang videos. At that time, there were no laws or mechanisms to address these issues, including revenge porn, where people would post unsavory, obnoxious videos to get back at individuals, often without any reason.

    Eventually, the government created a mechanism where links could be posted anonymously and taken down within a specific period. The government coordinated with major players like Facebook, WhatsApp, and Microsoft, who were made parties to this initiative. That was a significant point where I felt there was much more to be done.

    One particular case that stands out is when I appeared for an NGO called Muskan. The government had allotted them land for creating a residential facility for intellectually disabled children and adults, but when the government changed, they were asked to vacate the land overnight. We approached the Disabilities Commissioner and then went to the High Court, where we secured an order granting us one to one and a half year to find alternative space. This allowed Muskan to plan and accommodate these individuals adequately.

    I remember a parent thanking me because Muskan was trying to build a residential facility for their child, who was around 50 years old. The parents, being in their late 70s or 80s with their health issues, were incredibly relieved. This kind of gratitude motivates me to continue working in human rights, even if it’s just a little.

    Even that little makes a significant difference. You help change lives, and such contributions bring about substantial societal change. This noble profession directly and indirectly helps many people, something I only realized after pursuing law. On that note, I would like to understand how you diversified your practice into such niche fields like arbitration laws, disability laws, and service matters. How do you navigate these diverse legal practices, and what advice do you have for our learners aspiring to become niche lawyers?

    Ma’am, what it effectively means is that I am a jack of all trades and master of none. I know a little about various fields but may not be an expert in any one of them. One reason for this diversification is that I never really chose my path, except for human rights matters, which I consciously pursued.

    I went independent after about four years in the profession, and being a first-generation lawyer, I accepted whatever came my way. If someone was satisfied with my work in a particular field, they would recommend me to others. This natural progression led to diversification without any real intention on my part.

    I started with Mr. Arun Kumar Varma, a senior advocate specializing in arbitration. Later, when I joined Ms. Aparna Bhatt, I was exposed to human rights and service law. I picked up whatever I could from these experiences to ensure I could do justice to any matter entrusted to me. I won’t promise to win every case, but I’ll certainly try my best not to mess it up. This approach has led to diversification across various areas like insurance law, medical negligence, real estate, and service law. I also consider myself lucky for the opportunities I’ve had.

    Your answers lead me to ask a small but significant question: How have you stayed so humble despite your numerous accomplishments? You’ve done so much and have been teaching with LawSikho. How have you sustained your humility and humanity? This is important because success often leads people to lose mindfulness and humility. Your answers reflect a perspective focused on others and a humble acceptance of their views. How have you maintained this grounded, respectful approach, and how can our learners emulate this balance in their own lives?

    Ma’am, frankly put, I don’t think this is an achievement of any kind, to be very honest with you. I just like to do my work, that’s how I look at it. Plus, I feel I have a very decent set of friends, juniors, and my wife, who keep reminding me, “Boss, it’s good that you had an excellent day today, but tomorrow somebody might shoot you down.” As my wife likes to put it, there’s no need to feel too proud about it. So, I think that’s what keeps me humble. In my head, I don’t think that whatever little I have today is really an achievement, but I do feel that this profession, and probably doctors as well, is one where people really come to you and entrust their heart and soul with you.

    Nobody in India approaches a lawyer because they are happy. They’re in a bad state. When they come to you, they come with a lot of trust and confidence, believing that you can help them with their mess. Now, what happens is they also put you on a pedestal during this entire transaction. So, I feel that, one, it is very important to have people around you who keep reminding you that today is an excellent day, but tomorrow may not be. The second thing is that you need to keep doing that exercise yourself.

    Mainly because someone else thinks you argued well, or that this is a good draft, or that you dealt with the client beautifully, or whatever, it shouldn’t make you put yourself on that pedestal. People may want to put you there, and that’s okay because it comes with the territory.

    This excellent set of people, including my wonderful friends and, of course, my wife, keep reminding me to stay grounded. For instance, after a great argument, my wife might say, “Great argument! Now go do the laundry.” That’s how it works for me.

    This shows how humble and grounded you are. While we were talking about this, I also mentioned that you taught a civil litigation course with us at LawSikho.

    Yes.

    How was your experience as an educator, and how has that influenced your approach towards advocacy and client representation? When you teach, you interact with students, and their questions are different. What have you learned from that experience?

    I’ll let you in on a secret: LawSikho used to pay me to learn. That’s how I looked at it. Teaching that course was one of the better experiences of my career up to this point. You are doing something that will certainly have an impact, and you try your best to make sure it does.

    When I started off, I was trying to share my experiences and mistakes, hoping others could learn from them. I have to give credit to the students as well; they were very kind. Many of them were more experienced in life, if not in law. LawSikho has people from diverse fields and backgrounds. Even if they were senior or elder to me, they never made me feel like, “What is this kid going to teach us?”

    I started teaching with LawSikho in 2019 when I had only five years in the profession. A lot of credit goes to the students. It also helped me revise my concepts, as I prepared before every class, going through the material again and again. In civil litigation, there was a lot of focus on the Code of Civil Procedure (CPC). Yes, we are taught CPC and we practice CPC, but at some point, we lose sight of certain crucial aspects, whether it’s the drafting, the law, or the latest developments.

    Many people think that because there are no amendments, there are no developments. The fact is, there are developments if you have your eyes open to them. This can be seen in various aspects, like pleadings, written statements, and how different high courts deal with deadlines and procedural rules. Reading to teach others helps me remember and stay updated.

    The cherry on top is the students’ questions, which encourage me to read deeper. You might think you can teach a class and be done with it, but a student might ask about a particular aspect, pushing you to prepare harder for next time. That’s why I say LawSikho paid me to train myself, and I was very happy about it.

    Wow! What a beautiful explanation about that. Given this kind of explanation, I would really like to understand your perspective on the need for understanding the psychological aspects of any person who comes to you, whether it be for arbitration or anything else, be it company arbitration, IP disputes, or simple arbitration matters within the state. What kind of challenges have you faced? How have you dealt with them? And how has your sociological or psychological understanding helped in that particular work? What would be your suggestions for our learners to understand before choosing that particular field?

    So ma’am, most of my arbitration experience is in domestic arbitration. Now, having said that, I don’t think the approach to arbitration is any different from how we approach other cases. The only difference is that you have to be very conscious of the timelines. Because whatever principles apply to regular litigation invariably apply to arbitration. Even if the statute doesn’t apply, the analogous procedures do.

    For instance, the Arbitration Act specifically states that the Evidence Act doesn’t apply, but similar procedures obviously do. More often than not, unless the parties agree to bypass a particular procedure, the procedures from the CPC or the evidentiary part of the Indian Evidence Act find their way into arbitrations as well. I feel that arbitration is a double-edged sword.

    If you want to misuse it, you can misuse it significantly. If you want to use it to your advantage, you can also do that. Let me demonstrate with an example: in a particular domestic arbitration, and I’m talking about how arbitration is a very evolving subject with frequent amendments. With the latest amendment, we are certain that the arbitrator’s mandate ends after one and a half years, after which you have to move an application under Section 29A. But before that, you could just tell the arbitrator that you couldn’t make it, and some were very lenient. I have been part of arbitrations that have gone on for 12 years, which is far longer than a trial in the first instance would take. We knew this was happening, but after a point, you can’t really do anything about it if someone is misusing it.

    People start losing faith in the process. Now, you find that the government has come out with a new policy where they prefer mediation over arbitration, excluding arbitration clauses from any government agreement. This is a significant step indicating a lack of faith in arbitration. If the government says they have no faith, you can imagine the state we are in.

    It’s a controversial statement, but it’s the truth. Some arbitrations have been excellent, but it’s crucial that stakeholders do their part. Lawyers need to stop seeking unnecessary adjournments, and arbitrators need to stop granting them. With proper timelines, I think misuse might have come down, but it still happens. So, coming back to your question, it’s important to see what suits you and how you want to use the process. The goal should be to get through it as quickly as possible so you can move to Sections 34 and 37 and the Supreme Court, ensuring the final amount can be realized.

    No real psychological change is needed because if you’ve appeared before the concerned arbitrator in the past, you’ll have some idea of how they deal with things. Retired judges often bring their original tendencies to arbitration, whether it’s being particular about procedures or being more flexible.

    Some arbitrators state in their orders that all discovery of documents or any other procedures need to be done before the issues are framed, and after that, no further discovery will be allowed. This comes from the CPC. So, having an idea of how the judge used to act can be helpful, but you can gauge it during the arbitration. No special preparation is required in that regard.

    That particular expertise you gain while practicing in court definitely helps in arbitrations as well, even in mediations too.

    Fair enough. Absolutely. That experience certainly plays a role. No doubt about it.

    So, with all that said and done, I would like to understand, rather my question would now be towards the mental health of lawyers. We all know the kind of stressful situations we go through when dealing with clients. How do you actually unwind or refresh yourself from that stress? How do you keep your mental health in check? This has become a very pertinent issue nowadays, especially with budding lawyers who are entering the field and feeling exhausted within a couple of years. What are your suggestions? How do you see yourself taking care of that, and what advice would you give to new entrants in the legal field?

    You are absolutely correct that it’s a very important issue that needs addressing. I feel that it’s important at any stage of your career to find some time for yourself. I know it sounds clichéd, but it’s something that has made my life slightly better. It’s not that one isn’t working, but it’s equally important to have 30 to 40 minutes away from Netflix, social media, and other distractions. Personally, going for a walk, a run, or even 10 to 15 minutes of yoga helps me channelize my thoughts.

    It’s difficult, no two ways about it. Sometimes you’re shouted at by a judge, bullied by a senior counsel, pressed by the opposition, or criticized by a client. I completely understand all of that. But the only way to get around it is to keep finding time for yourself, at least 30 to 40 minutes daily.

    Another thing is taking frequent breaks. It helps if you have a travel-friendly partner. I try to plan trips every three or four months with my wife, who is great at organizing them. These breaks, even if just for three or four days, help you come back with a fresh mind. Finding time for yourself daily doesn’t come easily. For someone like me, it didn’t come easily. Even now, I struggle to find 40 minutes daily, but thinking along these lines encourages progress and helps maintain mental health.

    It is so true. The way you are explaining it definitely makes sense. Keeping all that in mind, recently, there have been talks around the legal fraternity worldwide about technology and digital innovation taking over all fields of work. How has technology helped you build your practice? Is it friendly for you, or do you struggle with it? If you haven’t struggled, how has technology helped you? How do you see the future, and what is your prediction for the future work of lawyers? This will help our learners understand new fields they can explore or reach out for.

    Ma’am, I’m unsure about the various aspects or new work that will emerge, but I can speak about what we currently have.

    I’ll address this question in two parts. First, how I feel technology has helped us. Second, with the advent of technology, what new laws have come in that will likely generate new work. So first things first, ma’am, I feel it’s very important to have an open mind to changing technology.

    Credit to my junior colleagues who keep insisting, because I’m fairly old school in my head. My problem was that I could not work without a physical copy. My junior at that time would come along with me and she would only have her laptop.

    This is post-2020. In my head, I was still using the hard copy. So at some point, it really made me feel that I would have to get into all of this. It’s just that because I’m not starting, there is that initial sort of lethargy or inertia that keeps you from moving towards that goal.

    So I think, of late, I have been able to reduce paper consumption. I’m very happy about that. And yes, it absolutely helps because I’m not reliant on anybody to get me the files. When the matter is going to reach, I have the files on my laptop and I can easily use that, or maybe an iPad or whatever.

    But it does take a little time. I’ll be very candid—I struggle with it even now. But it’s only when one keeps working on this that you will actually end up reaching there. It’s not about flashing a laptop or an iPad in the board and saying, “Okay, you know, I have something like this.” But then you see what happens is that when you see people who are older than you, people who are far more experienced and are more likely to be old school, dealing with technology in such a brilliant and seamless manner, you know this for a fact that the only thing stopping you is probably that lack of effort.

    So I feel that part is very important. It’s a mental block that needs to be overcome to make space for technology. And I think it makes life easier. It absolutely does. Because I was telling my junior colleague the other day that we’ve seen times, and people who are senior to me have seen even worse times, where people used to keep stones in Delhi, in the Supreme Court. They would keep stones just so that their identification could be marked where they would be in the line of filing.

    By the time I came into the profession, the thing was that you had to stand in the line—keeping the stone was not going to help. So the times were fairly flexible, and you had to keep making changes and all of that. But now we just sit in our respective homes, make changes, and file online.

    So it’s obviously become more convenient. That, I feel, is a very, very happy change as far as technology is concerned. Now, coming to the second part of it: technology and the growth of technology are also a double-edged sword because there are privacy issues that have cropped up.

    When the world was talking about GDPR some years back, India has now finally come up with the Data Protection Act, the Personal Data Protection Act, I believe it’s called.

    So I think if somebody is really interested, if somebody really finds the work being generated, I think that is going to be a very, very decent area to specialize in. If I could find the time, I would certainly want to go through that Act and maybe figure out if there is some work there for me.

    See, the thing is that some time back, we used to only talk about movies from a very cinematographic point of view. Now, as it stands today, we are dealing with OTTs. And there is a lot of work being generated there too because a lot of times people ask whether there is a requirement for a government body or a regulator to step in to say whether there is some sort of regulatory mechanism required in OTT. I believe at some point it will happen.

    But as it stands today, I feel it’s working on a very self-regulation mechanism. So, even that, I feel, in times to come, will have some work. That’s the length and breadth of my thought process at this point.

    It’s actually the Digital Personal Data Protection Act. I’m pretty sure that you will do wonders once you get to read it and you’ll get good clients as well. The reason is I am doing all that, so I know about it, and actually, we have to follow what is going on in the digital world as well. And the kind of practice that you have, it is going to be very helpful in digital and cyberspace as well.

    Yes.

    It has been a very candid interview. You were so clear about your thoughts. I was really amazed that you gave some thoughts about all these aspects of judges, how arbitration works. It’s not easy for lawyers to be so open and so clear about these matters, admitting that they are bringing their mindset to arbitration as well.

    It has affected arbitration, but it has been a beautiful experience to have you here, Mayank Ji. It’s absolutely enlightening. And thank you for accepting our invitation.

    Likewise, ma’am. Thank you so much.

    Get in touch with Mayank Sapra-

  • “Whatever you pursue, do it with passion, dedication, and honesty. Integrity is crucial. Trust that your honesty, dedication, and hard work will eventually yield rewards.” – BijoyLashmi Das, Experienced Legal Professional

    “Whatever you pursue, do it with passion, dedication, and honesty. Integrity is crucial. Trust that your honesty, dedication, and hard work will eventually yield rewards.” – BijoyLashmi Das, Experienced Legal Professional

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

    Bijoylashmi Das is a seasoned legal professional with 16 years of experience, known for her dedication to providing strategic legal guidance to corporations across various industries. Throughout her career, she has consistently demonstrated a deep commitment to helping companies navigate the intricacies of the legal landscape while aligning with their business objectives. Bijoylashmi specializes in corporate law, where she excels in drafting, reviewing, and negotiating contracts to ensure favorable terms for her clients. Her expertise in contract negotiations has been instrumental in securing agreements that protect the interests of the corporations she represents. She is also highly proficient in litigation, where her skills in managing legal disputes have led to favorable outcomes in complex cases. Compliance and risk management are other critical areas of Bijoylashmi’s practice. She has a keen eye for identifying potential legal risks and developing comprehensive strategies to mitigate them. Her proactive approach to compliance ensures that the companies she works with adhere to all relevant laws and regulations, minimizing the risk of legal issues and penalties. Bijoylashmi’s proven track record of success is evidenced by her ability to help companies achieve their business goals despite legal challenges. She is adept at providing strategic legal counsel that aligns with the overall objectives of the corporation, ensuring that legal considerations support rather than hinder growth and innovation. Her extensive knowledge and expertise make her a trusted advisor to executives and stakeholders. Bijoylashmi is known for her ability to communicate complex legal concepts clearly and effectively, empowering decision-makers to make informed choices. Her strategic insights and practical solutions have earned her the confidence of those she advises, making her an invaluable asset in driving corporate objectives and growth initiatives forward. In summary, Bijoylashmi Das is a highly experienced and dedicated legal professional whose comprehensive expertise in corporate law, contract negotiations, litigation, compliance, and risk management has consistently supported the success and growth of the corporations she serves.

    Can you share with us how you started your career in law and what motivated you to choose this field? Could you please walk us through your journey?

    Since childhood, I’ve been known for my courage, fearlessness, assertiveness, and strong sense of justice. My approach to everything has always been logical and evidence-centric—things were either black or white for me. Even from a young age, my parents recognized that my debating skills were unmatched because I always backed up my arguments with solid evidence. I have a deep-seated intolerance for injustice or bullying, and I’ve always felt compelled to stand up for innocent people.

    My journey from being a girl from Guwahati to establishing myself in Delhi has been filled with challenges. I graduated from college in 2008 without any influential connections or shortcuts. I started my legal career by diligently navigating through district courts, district forums, and eventually gaining experience in the High Court and Supreme Court. I strategically planned my career progression, focusing initially on trial experiences before advancing to higher courts. Subsequently, I made the transition to the corporate sector.

    Through my diverse experiences with various lawyers and law firms, I have earned a solid reputation within the organizations I have served. My dedication and hard work have been recognized with numerous accolades and awards along the way.

    You have over 16 years of experience in various legal domains. How has your journey evolved over the years, and what are some of the significant milestones? 

    My journey has been a thrilling roller-coaster ride, marked by both successes and setbacks. Through it all, I’ve remained extraordinarily hardworking and persistent. My strong willpower has consistently propelled me forward, regardless of the challenges.

    Early in my career, I had the privilege of learning from accomplished lawyers who have carved out distinguished reputations in the field. Their mentorship taught me invaluable legal skills.

    Reflecting on some significant milestones, one standout moment was in a service matter where we faced a particularly challenging situation. Through diligent research, I unearthed a case law remarkably similar to our case, and it had been adjudicated by the same judge hearing our matter. This discovery proved pivotal, leading to our victory. I vividly recall my senior exiting the courtroom, giving me a high five, and attributing our success to my efforts—a moment of profound recognition.

    Another memorable achievement was successfully representing a previous organization in the Supreme Court. It was a daunting case with slim chances of winning, but meticulous preparation and thorough counsel briefing enabled us to secure a l win and I ended up recovering a substantial amount for the organization.

    Additionally, I fondly remember negotiating a critical endorsement agreement where the opposing party was a renowned law firm. As the sole negotiator from our organization, I effectively closed the deal on mutually agreeable terms. This accomplishment delighted our department head so much that he even offered me the opportunity to meet a Bollywood icon, though I graciously declined, the gesture left me elated.

    Throughout my career, I’ve also contributed significantly to business transfer agreements and IPO processes, enhancing my professional journey and earning multiple accolades along the way. Each milestone has shaped me and reaffirmed my passion for the legal profession.

    You’ve successfully negotiated numerous complex agreements. Can you share a particularly challenging negotiation experience and the key takeaways from it?

    Negotiating a contract is a critical process that exposes you to potential risks inherent in the business deal. It’s crucial to accurately capture the business understanding and protect your organization from risks and defaults. In one instance, during negotiations where the other party held significant leverage as the revenue generator and threatened not to sign the agreement, I remained composed. I patiently explained the rationale behind each clause, ensuring they understood how each provision aligned with the overall deal. This approach ultimately led to agreement and closure.

    The key takeaway from this experience is to always provide clear rationale behind your suggestions or edits during negotiations. It’s essential for the other party to understand your thought process and how it aligns with the objectives of the deal. Additionally, it’s important not to succumb to pressure and agree to clauses that may be one-sided or disadvantageous to your organization.

    How do you believe your work in the legal field has helped companies achieve success and gain knowledge, and what role does legal support play in business growth?

     I have made significant contributions in business transfer agreements and IPO processes. These efforts have generated substantial revenue, goodwill, and reputation for the companies I have served. Additionally, as part of legal teams, our vigilant monitoring of risks and proactive mitigation strategies has shielded companies from various threats. We protect brand values, recover outstanding dues, and draft contracts that effectively preserve our rights and remedies. Collectively, these actions significantly contribute to the growth of any organization.

    Balancing a demanding career with personal interests is challenging. How do you manage your work-life balance, and what hobbies or activities do you enjoy in your free time?  

    Yes, achieving work-life balance can be challenging. However, whenever possible, I prioritize spending quality time with my daughter. We enjoy engaging in various activities together such as colouring, reading, dancing, and watching movies.

    With the legal landscape constantly evolving, what are some emerging trends in corporate law and compliance that you believe will shape the future of the legal profession?  

    Certainly! In India, the legal landscape in corporate law and compliance is evolving rapidly, driven by regulatory reforms, economic changes, and technological advancements. Here are some emerging trends that are likely to shape the future of the legal profession in corporate law and compliance:

    Digital Transformation and E-commerce Regulations: With the rapid growth of digital platforms and e-commerce in India, there is a need for robust regulatory frameworks governing data protection, cybersecurity, electronic contracts, and consumer rights. Corporate lawyers will need to navigate these evolving regulations to ensure compliance and mitigate legal risks for companies operating in the digital space.

    Regulatory Technology (RegTech) and Legal Tech Adoption: The adoption of RegTech and Legal Tech solutions is on the rise in India, offering innovative tools for legal research, compliance monitoring, contract management, and regulatory reporting. Corporate lawyers who embrace these technologies can enhance efficiency, reduce costs, and provide strategic advice to clients.

    Ethical Business Practices and Corporate Ethics: There is a growing awareness and importance placed on ethical business conduct, transparency, and corporate integrity. Corporate lawyers are expected to advise companies on adopting and implementing ethical frameworks, whistleblower policies, and conducting internal investigations into misconduct allegations.

    These emerging trends highlight the dynamic nature of corporate law and compliance in India. Corporate lawyers who stay abreast of regulatory changes, industry developments, and technological innovations will be well-positioned to navigate complexities and provide value-added legal solutions to their clients.

    Your career includes a significant transition from being an associate lawyer to a legal consultant. What prompted this change, and how did you make the choice to shift from a traditional law firm role to a consultancy position?  

    I’ve always had a passion for exploring diverse areas. If you look at my career trajectory, I’ve immersed myself in every aspect of litigation that a lawyer could possibly undertake. After gaining extensive experience across various courts, I made a deliberate move into the corporate sector to delve into its intricacies and challenges.

    What advice would you give to young legal professionals aspiring to build a successful career in corporate law and litigation?  

    Whatever you pursue, do it with passion, dedication, and honesty. Integrity is crucial. Trust that your honesty, dedication, and hard work will eventually yield rewards. Embrace your struggles and difficult times—they shape who you are today and will make you proud of your journey.

    As senior legal professional, what are your primary responsibilities, and how do you manage the legal challenges you face in daily dealings?  

    My main roles encompass strategic planning, risk management, contract negotiations, dispute resolution, and problem-solving. In addition, I oversee team management, providing guidance and collaborating with them to achieve organizational success.

    A significant challenge I encounter is aligning with diverse internal and external stakeholders whose perspectives may differ from ours. Through extensive discussions and deliberations, we work together to navigate these differences and reach common ground effectively.

    How did you manage to switch industries from the consumer sector to real estate sector and how has it been different?

    After dedicating nearly 8 years to the consumer goods industry, I made a deliberate decision to transition and explore a new industry. My goal was to gain insights into its operations and intricacies. I believe that cultivating diverse knowledge and experience is invaluable, offering broader perspectives and opportunities for growth compared to staying within a single domain.

    Certainly, while the sectors themselves may differ significantly, the core responsibilities of lawyers remain consistent across industries. Whether in consumer goods or any other sector, our primary duties include drafting sound contracts, successfully handling litigations, and establishing processes and policies to mitigate risks. Therefore, apart from the specific business activities of each organization, the functioning of legal teams tends to maintain a consistent approach and focus on these fundamental tasks.

    Get in touch with BijoyLashmi Das-

  • “Balancing IP protection with effective cybercrime response requires a well-rounded approach.” – Navigating the Intersection of IT Law and Intellectual Property, Ravi Goyal, Partner at Scriboard

    “Balancing IP protection with effective cybercrime response requires a well-rounded approach.” – Navigating the Intersection of IT Law and Intellectual Property, Ravi Goyal, Partner at Scriboard

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

    Your journey in law is both impressive and inspiring. When did you decide to pursue a career in law, what or who inspired you to take this path, and what challenges did you encounter at the beginning of your career?

    I am not sure if my journey can be described as either of these descriptors, but first of all, thank you for taking the time to do this. I was initially swayed towards law during a reading spree of John Grisham’s work. Around the same time, I also read ‘A Civil Action’ by Jonathan Harr and that is when I started considering law as a career option. However, when I attempted to search more about this field on the internet, I could not find any useful details and the information I did find was not too encouraging. I then dropped the idea of pursuing law. 

    Shortly afterwards, I came in contact with a friend’s brother-in-law who had just completed his law course at NLU, Jodhpur. That is when I was introduced to the world of NLUs and the various career options available to law graduates. Our batch eventually became the first to appear in CLAT since up till 2007 all NLUs had their separate entrance exams.

    I think the major challenges I faced after graduation were related to career progression and making the right choices. However, thanks to various mentors, colleagues and friends and some self-reliance I was able to overcome these challenges – or at least I think so!

    You’ve achieved a rare Reverse Domain Name Hijacking ruling under the INDRP. Could you elaborate on the details of this case and the strategic challenges you faced?

    This was an interesting domain name dispute that came our way. Without making this response too academic or technical, the matter involved a generic term that was registered as a domain name by our client. The Complainant attempted to ‘recover’ this domain name under the. IN Domain Name Dispute Resolution Policy [INDRP] claimed trademark rights in the said generic term. We had to conduct a lot of research into the Complainant’s background to establish that our client had registered the domain name before the Complainant started its business in India and that no single entity can have a monopoly on a generic term in typical situations. The matter was a challenging one because we did not have many past precedents under the INDRP to support our arguments and, moreover, a finding of ‘Reverse Domain Name Hijacking’ [RDNH], which we sought, was virtually never accepted under the INDRP. I am grateful that I had a great team and that the client had faith and belief in our strategy, which allowed us to go the full mile in this matter and successfully attempt the best possible outcome. 

    Having represented Fortune 500 companies, what are some of the emerging trends in data privacy and digital brand management that businesses should be aware of today?

    I think that organisations at this point are far more susceptible to liabilities and legal claims due to the ever-increasing use of digital technology. Organisations need to be aware of all new laws and be compliant with them at all times. Moreover, since in many cases, there are no specific laws for emerging technologies such as Artificial Intelligence [AI], Internet of Things [IoTs], etc., it is crucial to self-regulate and follow industry best practices to safeguard the organisation from any unnecessary liability.  Unfortunately, but typically, organisations should be wary of cyber fraud, brand abuse, brand impersonation, data breaches, vulnerability attacks, etc. which could very quickly compromise their reputation and operations.

    Your expertise spans prosecution, management and protection of IP portfolios, and handling cyber-crimes. How do these areas intersect in your daily practice, and what complexities do they entail?

    In my daily practice, managing and protecting IP portfolios, prosecution, and handling cyber crimes naturally intersect and support each other. When I safeguard my clients’ intellectual property, it often involves protecting these assets from cyber threats too. Moreover, data exfiltration/data breaches, data privacy leaks, IP infringement, etc. are closely interconnected and require constant application of both IT laws and IP laws.

    The tricky part is dealing with the ever-changing nature of cyber threats and staying updated with new regulations and tech developments. I need to constantly monitor, adapt, and come up with proactive strategies to tackle risks, always striving to stay one step ahead of bad actors. Balancing IP protection with effective cybercrime response requires a well-rounded approach to ensure that our client’s interests are covered from all angles. I also constantly ensure that our clients comply with all applicable data privacy laws, intermediary guidelines/regulations and consumer protection laws to minimize their liability in this evolving technological landscape.

    Could you share a bit about your transition from being at Shardul Amarchand Mangaldas & Co. to becoming a Partner at Scriboard? How has this transition influenced your approach to client service and leadership?

    Coming back to Scriboard was an interesting transition as I have spent the majority of my time with Scriboard since I started my career. During my time at SAM, I was able to get a first-hand experience of how a large team of nearly 30 members work in close coordination to deliver top-notch legal advice and achieve results in record time. I also had the opportunity to closely work with my Partners and gain insight into how a leading firm in India operates at the highest level. I feel that this broadened my perspective and allowed me to bring a fresh, evolved approach back to Scriboard in my second stint.

    You’ve authored several publications on topics like domain name disputes and cyber laws. How do these academic pursuits complement your legal practice, and how do they contribute to the industry’s knowledge base?

    I believe that it forces me to stay updated on the latest trends, cases, and regulations, which I can directly use for the benefit of my clients. This also helps to start a discourse where hundreds of articles such as mine are open to everyone’s feedback and inputs and sometimes certain views of readers and other peers can lead to interesting discussions and offer new insights and ideas. 

    Outside of your legal career, you’ve been involved with People Canvas, focusing on education and environmental impact assessment, and you have also founded an online education initiative and a nonprofit organization. Could you please share something about this and also How have these experiences influenced your professional perspective, and how do you balance your legal career with these endeavors?

    Yes, I was part of the founding team of People’s Canvas, a registered NGO that we formed during our law school days. A faculty member of our law school, Dr. Ritumbra Manuvie, and a very good friend of mine, Asst. Prof. Shashi Kant Yadav was the primary driving force behind this NGO which aimed to work in the field of environmental law activism. I also co-founded a vertical called People’s Canvas Online Education along with Asst. Prof. Yadav with a focus on imparting awareness about Environmental Impact Assessments [EIAs] to law students, graduates and others through a first-of-its-kind Online Certificate Course. At the time, it was one of the first completely online short-term courses primarily catering to the legal fraternity. Subsequently, I founded a legal education and research organisation called ‘Student at Law’ to foster awareness and knowledge amongst law students and the legal community through a comprehensive web resource.

    I believe that these experiences have played a tremendous role in shaping my professional life. This fair share of an ‘entrepreneurial’ journey during my law school days and early career helped me gain valuable experience, obtain different perspectives, and, most importantly, teach me the importance of discipline and hard work.

    As a ‘Rising Star’ in Intellectual Property, according to the Legal 500, what advice would you give to young lawyers aspiring to specialize in IT laws and intellectual property?

    Regardless of the practice area you choose, the concept of KISS—’Keep It Simple Silly’—is effective in every situation. This principle can be applied in both personal and professional life. While I am still working on practicing what I preach, I believe that keeping things simple is one of the best skills to acquire and enhance.

    In addition, when it comes to the profession, drafting, attention to detail, research, and spoken language are essential skills that everyone should possess, regardless of their practice area. Specifically for IT or IP law, it is crucial to stay updated on developments in both legal and technological advancements to maintain a firm grasp and understanding of the field.

    In addition to your extensive legal career, could you share some of your hobbies or interests and how they help you maintain a balanced and fulfilling life?   

    A few years ago, I would have readily said reading, but I guess I cannot say that anymore because I am now not able to take the time to read more than 3 to 4 books in a year. I am generally fond of Science Fiction, so any books or movies related to it are certainly always on my watchlist or readlist. Apart from that, I have gradually opened up to the idea of travelling and staycations as it provides an opportunity for a few quiet ones. However, during day-to-day, we are parents to a cute little Indie dog and like to spend our time following his instructions.

    Get in touch with Ravi Goyal-

  • “My advice to young professionals is to be yourself. Embrace your originality and avoid copying others. You are unique and have your own personality. Strive to discover and develop your true self to the fullest.” – Sameet Gambhir, Sr. Vice President & Group head,  UFLEX Limited

    “My advice to young professionals is to be yourself. Embrace your originality and avoid copying others. You are unique and have your own personality. Strive to discover and develop your true self to the fullest.” – Sameet Gambhir, Sr. Vice President & Group head, UFLEX Limited

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

    Can you share with us how you began your career in law and company secretarial work? What inspired you to enter this field, and how did you progress to your current position?  

    Interestingly, my journey towards becoming a legal counsel and law professional started accidentally. When I was in college pursuing my B.Com, I aspired to become a Chartered Accountant. To gain some working experience before enrolling in CA, I joined an organization to work in the accounts function after completing my B.Com. There, I met the Company Secretary and Legal Counsel, and I was impressed by their role, interacting with top management, handling significant matters, and sitting in board meetings. I was fascinated by that role and, instead of CA, I joined the CS course.

    However, as fate would have it (and I believe that destiny plays a very important role in our lives), after becoming a Company Secretary and joining an organization as CS back in the early 90s, I was given the charge of the legal function as well. Since CS work also involves a lot of legal and compliance responsibilities, I was happy to take on this additional role. That’s where my journey as a legal counsel began, and I later completed my graduation in Law as well.

    Since then, I have always worked as a legal counsel or legal head, mostly in-house. It’s been around 30 years since I took on these roles, working with different Indian and multinational organizations. From the moment I was first given charge of the legal function, I realized that this was what I always wanted to do. Initially, I gained exposure in litigation, then contracting, followed by IPRs, brand protection, and all other related fields, including compliance and risk management. Of course, I have continued my role as a Company Secretary and take pride in that.

    The past three decades have flown by like it was yesterday. Presently, I am the Sr. Vice President and Head of Legal at UFlex Ltd., a multibillion-dollar organization and India’s largest multinational flexible packaging and solutions company. UFlex manufactures a wide variety of flexible packaging films for various industry sectors across the world. With headquarters in Noida (National Capital Region), the company has packaging films manufacturing facilities in India and overseas under the global subsidiary packaging films brand ‘Flex Films’ in UAE, Mexico, Poland, Egypt, Russia, USA, Hungary, and Nigeria, with a cumulative capacity of over 609,000 TPA.

    Can you share some of the most challenging legal cases or compliance issues you have faced and what you learned from those experiences? Additionally, what are some emerging trends in the legal field that you believe will shape the future of corporate law and compliance?  

    Data privacy is an important legislation that has a significant impact on all organizations. Cyber risk is another area that requires serious monitoring, review, and an effective framework. Additionally, SEBI’s existing and upcoming regulations and compliance on Responsible Business and Sustainability have brought ESG and sustainability to the forefront of all organizations. This is beneficial not only for the organizations but also for the nation and the world as a whole.

    During your tenure at DCM Shriram Ltd., you held the position of VP (Corp. Law) & Company Secretary for almost a decade. What were some of the key achievements and challenges during this time?  

     In the last ten years, particularly after the new Companies Act and new SEBI regulations, the role of in-house counsel and company secretaries has significantly increased and become very challenging. Compliance with SEBI Listing regulations, SEBI (Prohibition of Insider Trading) Regulations, FEMA compliance, Companies Act, and other corporate compliances require constant attention and a high level of proactiveness. Shareholder governance has also become a new challenge, with shareholder activism on the rise in India. This is beneficial for both the company and the shareholders. Therefore, providing appropriate and accurate disclosures with all relevant information to shareholders and the public has become a priority in governance today.

    Compliance and governance of insider trading and SEBI regulations are complex and challenging roles that require a proactive approach, including regular awareness sessions and training for employees and other connected persons. As we operate multiple businesses, each with its own dynamics, this is crucial.

    Outside of your professional life, do you have any hobbies or interests that you are passionate about? How do they help you maintain a work-life balance?  

    I am very passionate about golf. Every weekend starts with a round with friends. I am truly in love with this game and can’t imagine myself without it. Golf is purely a mind game and teaches you a lot of life lessons. Playing twice or thrice a week is a must for me. If I don’t play in any given week, it feels incomplete. This game not only relaxes and recharges me but also reveals one’s true character on the course. Golf is the best thing that has happened to me, and I could talk about it for pages.

    As a visiting faculty and guest lecturer, what topics do you find most crucial to impart to your students? How do you ensure they are prepared for the evolving legal landscape?  

    I usually teach corporate laws, IPRs, labor laws, and data protection. However, today’s generation needs to be fully geared up with technology in legal, what we call Techlegal. This is the time of AI, ML, and GenAI, and routine tasks will increasingly be handled by technology. To excel in the field, students need to be proficient with technology and demonstrate creativity and new ways of working.

    For students and young legal professionals trying to decide between pursuing a career in litigation or as an in-house counsel, what advice would you give to help them understand which area might be the best fit for them? 

    I think both have their taste. It depends on what is of your interest. However, in both situations, my advice to youngsters is – Be yourself – You are what you are – be original and don’t copy anyone. You are unique and have your personality. Find yourself to the optimum. Of course, there are many things one should learn from the seniors and other leaders that should be part of your development and increase your skillsets but don’t lose your originality, no one can replace you. Further as a career advice, since we are today living in a dynamic time and things are changing so fast that by the time you get to the details of a thing the new version or new avatar is already there. Therefore one needs to get to speed with this. Technical competency is mandatory but being proficient in technology is the need of the time as we are already in the era of AI, M, and Metaverse and it’s a reality. Keeping yourself updated with the time is crucial for the counsels to be successful. The other two most important things – one they should understand the business first before they advise and the second is the quick responsiveness and proper research.

    Get in touch with Sameet Gambhir-

  • “Connecting with people and helping them navigate their legal challenges is what truly excites me. Awards and recognition are secondary; it’s the satisfaction of making a difference that drives me.” – Gaurav Dhwaj, Founder & Managing Partner of Dhwaj & Associates

    “Connecting with people and helping them navigate their legal challenges is what truly excites me. Awards and recognition are secondary; it’s the satisfaction of making a difference that drives me.” – Gaurav Dhwaj, Founder & Managing Partner of Dhwaj & Associates

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

    Hello and welcome to another episode of SuperLawyer YouTube channel. Today we have with us advocate Gaurav Dhwaj who is founder and managing partner of Dhwaj and Associates. His specialties are legal and regulatory practices which relate to telecom, media and information technology sectors.

    Also commercial contracts, litigation and arbitration. Most welcome sir to our channel and thank you for accepting our invitation. I know you are a busy person. So I’ll quickly start with the first and very pertinent question. When did you decide to do law? How did you decide to become a lawyer and how was your school days and college days and the kind of experiences or inspirations that you got from there that motivated yourself  to becoming a lawyer, the way you are today?

    The floor is yours, sir.

    Thank you very much, Divya. First of all, I am deeply honored to be on this platform and am happy to reflect on your queries about me, the profession, and my understanding of it. To address your first query, I would like to start with my school days.

    I have always been energetic and excited to explore new opportunities, challenges, and experiences. Some of that enthusiasm is still with me. If there was any activity in school, whether it was a debate competition, essay writing, storytelling, or poetry, you name it, and I would be there, in addition to my studies, of course. I was a very participative student, involved in almost all activities. My childhood was quite eventful.

    This approach continued through my college days. During this time, I was also introduced to the NCC, where I excelled in shooting and cooking—a unique combination. My school and college days were quite eventful and rewarding.

    Regarding my motivation to pursue law, I am a second-generation lawyer. I completed my graduation in computer science with a Bachelor of Computer Applications (BCA) and was set to pursue a Master of Computer Applications (MCA). However, there are certain commonalities between my personality and the legal profession. I am driven by intellectual challenges, which are inherent in law. I constantly seek opportunities for continuous learning and self-improvement, both personally and professionally. My fearless approach to dealing with issues, developed through my active participation in various activities, aligns well with the demands of the legal profession.

    When I seriously considered my career path, I realized that my personality and approach were naturally suited to law. Being a second-generation lawyer, I have always seen my father practicing this profession. He was a litigation lawyer and my role model, greatly influencing my life. His guidance helped solidify my decision to pursue law as a profession.

    What a beautiful story. And the way you have said that he is your role model, it seems that yes, he has paved your way towards greatness, I would say. That being said, when did you decide to establish Dhwaj and Associates? And how was the journey? And how has it been till now with all the challenges I’m pretty sure you must have faced after the inception? And how have you built a name for this particular association?

    I began my career as an in-house counsel with the Tata Group of Companies and the Bharti Group of Companies. After spending almost two years in these organizations, my journey with law firms began.

    I have worked for some of the leading law firms in the country, holding various positions from junior associate to partner and head of practice areas. The journey has been very interesting and rewarding, and I would even say very enjoyable. I don’t hesitate to say that law and the legal profession are my first loves. After serving in almost all positions that a law firm has to offer, I decided to establish my own firm, Dhwaj & Associates. I started as a solo practitioner, but I have been fortunate enough to have a team of highly competent lawyers.

    We currently have two offices: one in Delhi NCR and one in Bangalore. Having completed my first graduation in computer science and my second in law, technology and telecom law was a natural choice for me. Except for my first job with the Tata Group of Companies, I have always been in the telecom and IT space.

    When I set up Dhwaj & Associates, my initial idea was to create a boutique TMT law firm. However, I was fortunate to meet committed and dedicated people who helped transform it into a full-service law firm. Today, we operate as a full-service law firm from our offices in Noida and Bangalore.

    First of all, sir, congratulations on your achievements. I am confident that your success will continue to grow in leaps and bounds.

    You mentioned that law is the love of your life, and this passion has rewarded you greatly, particularly through your leadership in law and your support for AMTRON and the Ministry of Information Technology, Government of Assam. This is indeed a significant achievement.

    Could you please elaborate on your experience working on this project? How did you approach and manage the tasks, especially considering the involvement with the ministry? What strategies did you employ to overcome the obstacles you encountered while undertaking such significant work?

    Connecting with AMTRON was one of the best moments of my life. Receiving an award is a subsequent recognition of the work and effort put into developing and helping clients.

    My excitement has always come from connecting with people—helping, guiding, supporting, and handholding them in every possible way. I enable them to navigate the challenges of the legal profession and the transactions they are involved in, especially when they struggle to find legal solutions.

    Awards and recognition follow naturally. I have never been driven by them; instead, I have always been motivated by connecting with new people with the pure intention of helping them with all the skills I possess. Meeting with AMTRON was one of those memorable moments.

    I still remember being a speaker at a conference in Dubai related to the IT sector. This was over seven or eight years ago, and I spoke on the topic of interception, which was not a well-evolved concept in India at that time, particularly in the telecom sector. During that conference, I met the Managing Director of AMTRON, Assam Electronic Development Corporation Limited, which is wholly owned and controlled by the Government of Assam. He was the moderator of my session, and that’s how we got introduced.

    After returning to India, I received a call from his office. They needed a corporate lawyer who understood the telecom and IT sectors for a transaction. They believed I had the capability to assist them. I agreed, and thus began my journey with AMTRON. Initially, they engaged me for legal affairs, and later, they involved me in regulatory work as well. Eventually, I was entrusted with handling not only legal and regulatory matters but also their international domain.

    In terms of international work, I represent them in all overseas investments and incoming investments from abroad, taking care of legal documentation and actual representation.

    This introduction to AMTRON allowed me to apply my legal expertise to real-world challenges and deepened my understanding of the intersection between law, technology, and both domestic and international business operations. I gained insights into the perspectives of international businesses entering commercial relationships with state PSUs, their sentiments about India, and the challenges they face. This experience provided me with a broader perspective and reinforced my commitment to leveraging my legal skills for public service. It significantly boosted my professional credibility and visibility within the legal community.

    Listening to your story, it seems like your journey unfolded naturally, and you embraced it, ensuring your success along the way. It’s remarkable to see that, despite being a second-generation lawyer, you remain humble and openly acknowledge how opportunities came to you. Often, we encounter individuals who aren’t as forthcoming about their paths to success, especially in the legal profession.

    Your humility stands out and has undoubtedly served you well, particularly in a relatively new field like technology law. It’s impressive that, despite having a BCA and then transitioning into law, you chose to specialize in technology law and have excelled in it. However, it seems that this specialization isn’t very common in the Indian legal fraternity, and there’s a certain apprehension about it.

    With that in mind, could you please share with us how you started Dhwaj & Associates?

    I started Dhwaj & Associates recently. After completing my initial 2 years as an in-house counsel, I joined another law firm, which is now the largest law firm in the country. I have worked with several tier-one law firms throughout my career. After spending 15-16 years in the profession, I decided to set up my own firm, Dhwaj & Associates. So, it wasn’t immediately after my 2 years as an in-house counsel; I worked for various law firms for about 14-15 years after that. After gaining substantial experience both in India and overseas, I decided to establish my firm.

    Wow! Amazing, sir! Over your 18 years of experience with top-tier law firms, the Tata Group, and the Bharti Foundation, how have these roles shaped your thought process? When you started your law firm, there must have been something significant going on, as you mentioned you were a solo practitioner at the time.

    How did you find the courage to take that step? What advice would you give to those who are interested in following a similar path but feel scared or skeptical about achieving the same level of success and outreach that you have? How did you plan your journey?

    We would also appreciate it if you could provide us with a sort of roadmap, if possible.

    Sure, I’ll definitely try. First of all, I would like to start with a word of thanks to all my former employers who trusted me, gave me opportunities to perform, and provided platforms where I could develop both professionally and personally. My experience working as an in-house counsel and as a private practitioner with various law firms has been invaluable and has significantly shaped my professional outlook. For a legal professional working in a law firm, it is crucial to understand the client’s perspective.

    Coming from an in-house background helped me understand the pain points of business houses. It enabled me to step into the shoes of my clients and view the entire transaction or issue requiring legal help from their perspective.

    I firmly believe in the philosophy that a business lawyer must understand their client’s business. Without adequate understanding, one may not be able to provide viable business solutions. Most of the time, our solutions are not just legal opinions, legal memorandums, or research notes. They are also for the management, who often do not have a legal background. Therefore, it is crucial that a lawyer’s approach aligns closely with the management’s perspective for the legal opinion to make sense to them.

    Otherwise, these opinions are typically reviewed by in-house lawyers who then communicate them to the management. Thus, lawyers in law firms need to put in the effort to understand the client’s business, intentions, and pain points before starting any mandate or transaction.

    Before joining a law firm, I was part of an in-house team where I regularly interacted with the business team. This interaction allowed me the freedom to ask questions that helped me gain a better understanding of the business.

    I believe this understanding is vital for every corporate lawyer. One cannot start working on a document without understanding the business’s nature and the client’s intentions regarding a particular transaction. This sense of understanding, developed during my time as an in-house counsel, has been beneficial in my law firm journey and continues to help me today.

    This is the ethos I want to embed in the DNA of our firm, Dhwaj & Associates: to prioritize the client, to serve the client by first understanding them, their business, and their pain points. This understanding is a prerequisite before starting any work on a transaction.

    Your approach to establishing your firm and reputation over 18 years of practice demonstrates remarkable clarity.

    As an in-house counsel and now as a practitioner, you’ve witnessed significant changes in technology. Innovations like IoT, AI, cloud computing, drones, and online gaming have profoundly impacted our legal framework.

    Legislation is striving to accommodate these advancements. How do you approach these areas when clients seek your expertise, given that you practice in such a niche field, which is relatively new to many lawyers in India?

    New generation lawyers are eager to understand how you have made a name for yourself in this specialized field with such ease. Was it your technological understanding alone, or was it your unique approach to understanding and serving your clients’ needs? We would appreciate it if you could elaborate on these aspects.

    To be honest, I never thought about it until now. But since you’re raising this question, looking back, perhaps it’s a combination of a few things. One is definitely my understanding of the technology sector because I studied technology for about three years before taking up law. So, I have a solid foundation in the technology sector.

    Over time, I also developed the skill set of merging facts and client requirements with the legal and regulatory framework of the country. Until you understand the facts and properly align them with the applicable legal and regulatory framework, it’s difficult to come up with a clear, fair, and legally accepted solution for the client. So, I think it’s a combination of these three or four things.

    Now, addressing your query related to emerging technologies, I believe these emerging technologies, as you rightly said—IoT, cloud computing, online gaming, AI/ML, robotics—are significantly impacting the legal framework, creating both opportunities and challenges.

    These technologies raise new legal issues related to data privacy, cybersecurity, intellectual property rights (IPR), and regulatory compliances. They have opened up new avenues that the law must now accommodate in its overall approach.

    The advice I would like to offer is that it is crucial for everyone to stay informed. It’s also important to engage with industry bodies to understand not only technological developments but also the entire ecosystem around them, which includes the legal aspect. Engaging with professionals and experts is essential. Consulting with legal and industry experts helps understand the implications of new technology and ensures that the technology being implemented or introduced complies with existing legal and regulatory frameworks.

    Adopting industry best practices is also important, especially in areas like data security, data privacy, IPR, cybersecurity, and regulatory compliance. Proactive risk management should be considered, which includes engaging with experts to identify potential legal, financial, and operational risks as early as possible and developing robust strategies to mitigate these risks.

    By considering these steps, clients can navigate the complexities of emerging technologies and leverage the business opportunities these technologies can offer.

    Sir, like you agreed to keep abreast with the new upcoming legislations and the kind of news which we get every day. Recently we saw the enactment of the new Telecommunication Act 2023. How do you see the impact of this particular act on the telecom sector, and what kind of advice would you be offering the companies to navigate if possible in this new regulatory landscape, I’m pretty sure you must have gone through it very thoroughly and we would request you to give some insights about it as well?

    The new Telecommunications Act is a welcome development, as it replaces the outdated Telegraph Act that previously governed the telecom sector, including licensing for service providers. Enacted in December 2023, the new act received presidential assent and was published in the Official Gazette of India. On June 21, 2024, the government issued a notification partially implementing the act, putting 40 sections into effect. In this first phase, 39 sections of the act have been activated.

    One notable improvement in the new act is its extraterritorial applicability, which was absent in the previous framework. This provision, introduced for the first time in the Information Technology Act of 2000, now applies to the telecommunications sector as well. Under the new act, if a person commits an offense or contravention related to telecommunications services and networks while outside India, they can be held accountable under this act.

    Another significant feature of the new act is the framework for online dispute resolution. Additionally, it includes a comprehensive and evolved framework for penalties in cases of contravention. The act also does an excellent job of covering nearly all telecom-related activities, including secondary activities previously outside the scope of the old act. The previous regulatory framework had a gap between administrative regulation and technological advancement in the telecom sector. The new act aims to bridge this gap by encompassing recent technological developments and new services provided by the telecom sector.

    Overall, this is a positive step forward. I am hopeful that the government will soon issue a second notification to fully implement the act. This legislation not only benefits telecom service providers but also has provisions directly benefiting users, contributing to the overall development and improvement of the telecommunications sector in India.

    Hopefully, sir, we will see the entire act notified soon. Congratulations on starting this new initiative. As you mentioned on June 21st, it has come into effect with 39 sections.

    Now, shifting focus from your professional life, could you please share how you maintain a work-life balance? We would love to know how you find time for your hobbies or recreational activities, allowing yourself a mental break from the stress and creating a peaceful space for yourself.

    In my personal life, I consider myself very fortunate to have a loving and supportive family. This includes my wife, my sisters, my mother, and my children. I especially cherish the time I spend with my two sons, who are currently school-aged.

    They play a crucial role in maintaining my sense of balance and sanity. The legal profession is incredibly demanding, and the level of commitment required is exceptionally high. It’s nearly impossible to completely disconnect from work, especially when you hold the role of managing partner at a firm. This position involves not only ensuring the quality of client services but also overseeing the firm’s operations. You find yourself juggling a multitude of tasks related to client delivery, human resources, technology, and management, among others.

    Despite these challenges, I am grateful for the unwavering support of my family, the blessings I have received, and the joy my children bring to my life. Additionally, I have a passion for reading poetry, which adds another dimension of fulfilment to my life.

    Wow! So you practically enjoy all of your serious work as well as poetry along with your kids. You keep your sanity intact. Sir, all that being said, we had a wonderful journey with your interview. To its very end, I would request you to let us know about your plans for Dhwaj & Associates and how you foresee yourself progressing in the direction of making it more national and internationally renowned because that is something that I guess is very close to your heart. And the kind of firm services, that we see today, how are you going to have a little different aspect or approach towards it? We would request you to share if at all you wish.

    Yes, absolutely. Firstly, having been on both sides of the table, I have walked in the shoes of an employee, which gives me a deep understanding of their challenges and concerns.

    This experience has influenced my decision to adopt an institutional approach rather than an individual one in setting up this firm. To elaborate briefly, when I say “institutional approach” over “individual approach,” I mean that while I may not necessarily aspire to make this firm globally recognized, I am committed to working with global clients.

    Branding and establishing a name are not my primary concerns. Instead, I prefer to focus my energy on helping people. I firmly believe that success and achievement in this world come from connecting with a good set of people and developing the right skill set.

    If you are surrounded by capable, like-minded individuals and you have pure intentions along with the necessary skills, success and recognition will follow naturally. The key is to cultivate the right skills, adhere to ethical practices, and focus on the core values of the profession. The essence of this profession lies not in building a global brand but in serving the client. This is a customer-facing industry, where the client is paramount. By addressing their pain points and providing effective support, the clients will, in turn, help build the firm’s reputation.

    Therefore, my effort is not geared towards brand-building but towards creating a supportive institution. I aim to establish a firm that supports everyone associated with it, regardless of hierarchy. This is a people-focused firm. I emphasize to everyone working here that it is their firm and their office. Even if they move on to start their own practice, they are welcome to use our office space as their own.

    For me, it’s not about fancy infrastructure but about the people. I am dedicated to attracting and nurturing competent individuals with the right skills. My belief is that if we focus on having the right people and serving our clients effectively, the firm will naturally build its own brand.

    So ultimately you will be a brand courtesy to the clients that you will be serving. So Dhwaj & Associates is going to be a global brand and we wish you all the best for that. And thank you  for agreeing to meet with us sir, it has been a very humbling experience and a very beautiful interview. Thanks for sharing your insights about it. Thank you, sir.

    Get in touch with Gaurav Dhwaj-

  • “Focus on building a strong foundation by gaining practical experience and learning from every case and client interaction, proactive engagement and continuous learning are key.” – Juhi Chawla, Partner at Dua Associates

    “Focus on building a strong foundation by gaining practical experience and learning from every case and client interaction, proactive engagement and continuous learning are key.” – Juhi Chawla, Partner at Dua Associates

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

    You’ve had a remarkable career spanning over a decade in Civil & Commercial Litigation, Arbitration, and Protection of Intellectual Properties. What initially drew you to pursue a career in law, particularly in these specialized areas?

    Reflecting on my journey, it’s incredible to see how far I’ve come since my early days. My interest in law began in an unconventional way. As a science student, I realized that engineering wasn’t my path, supported by my teacher’s advice to explore other options. This pivotal moment led me to law school, where I found myself torn between corporate law and litigation. Ultimately, my passion for the dynamic and strategic nature of litigation drew me in.

    During my time with Justice Rajiv Sahai Endlaw (Retd.), I had the privilege of observing numerous court proceedings. This experience deepened my appreciation for the intricacies of Civil & Commercial Litigation, Arbitration, and Intellectual Property laws. The strategic thinking required in these fields captivated me, particularly the dynamic nature of the work, which allows me to serve a diverse client base. Working on matters deeply entrenched in business operations demands meticulous examination, precise contract interpretation, and strategic planning. This complexity and the need to understand different business operations truly cemented my decision to specialize in these fields.

    My journey in litigation truly began when I found myself managing several matters in a litigation chamber. The immense challenge pushed me to my limits and beyond, but it also provided vast growth opportunities. Winning independent cases built my reputation and boosted my confidence.

    Joining Dua Associates marked a significant milestone in my career. Here, I found a place that resonated with my values and aspirations. Each dispute I handle presents unique challenges with intricate questions of fact and law. I thrive on the intellectual rigor required to navigate these complexities and derive immense satisfaction from crafting innovative legal solutions that align with my clients’ best interests.

    You’ve been involved in a wide range of high-stakes cases, from defending Fortune 500 companies to representing public sector undertakings. Could you share with us one of the most challenging cases you’ve handled and how you navigated through it?

    One of the most challenging cases I handled was defending a Fortune 500 company against an injury claim that arose from a chemical disaster. The brief provided in the case was very unique and extremely challenging, posing very peculiar factual and legal questions for determination—questions that had not been previously considered or dealt with. This one-of-a-kind case involved multiple jurisdictions, requiring an in-depth review and examination of a voluminous record dating back nearly three decades.

    The case also necessitated a thorough study and examination of key principles concerning jurisdictional arguments, particularly from the US standpoint. I played a key role in developing the strategy, coordinating with external counsels, and managing the litigation process. My approach was meticulous, ensuring that every detail was scrutinized and every possible defence explored.

    This experience taught me the importance of strategic planning and thorough preparation. Ultimately, our team secured a favourable outcome for the client, which is now one of the leading cases of the Constitution Bench of the Supreme Court. This outcome was a testament to our rigorous and coordinated efforts, and it reinforced my belief in the power of teamwork and meticulous legal strategy.

    Your profile highlights your involvement as Amicus Curiae with the NCDRC and your recommendation by Legal 500 Asia Pacific Guide. How have these experiences influenced your approach to legal practice and your career trajectory?

    Being appointed as Amicus Curiae by the NCDRC was a significant milestone in my career. Having the privilege of working on several consumer disputes, this appointment was a testament to my consistency before the forum. It allowed me to provide impartial advice and support on complex service-deficiency appeals, enhancing my understanding of consumer protection laws and judicial processes. This role honed my analytical skills and reinforced the importance of ethical practice. I hope to make a significant impact on consumer jurisprudence through my continued efforts in this area.

    Similarly, being recommended by the Legal 500 Asia Pacific Guide for ‘Dispute Resolution-Litigation’ was a recognition of my expertise and dedication. I am grateful for the springboard provided to me by SKV Associates and the platform Dua Associates, which have both played crucial roles in honing my skills. Recognition such as this helps enforce the belief in one’s abilities. But I firmly believe that wins, whether big or small, do not necessarily equate to favourable outcomes. Often, an acknowledgment from the presiding judge, adversary counsel, or positive client feedback can be equally gratifying.

    Dispute resolution often provides instant gratification, whether it comes from a favourable ruling or a simple nod of respect from peers and clients. These moments keep me motivated and committed to my work, driving me to pursue excellence and integrity in every case I handle.

    With such extensive exposure across different courts and tribunals in India, including the Supreme Court, what have been some of the key lessons you’ve learned about effective litigation management and strategy?

    One of the key lessons I’ve learned is the importance of preparation and adaptability. Effective litigation management requires a deep understanding of the case, meticulous preparation of evidence and arguments, and the ability to adjust strategies as proceedings develop. Collaboration with clients and colleagues is crucial to ensure all perspectives are considered and the team works cohesively.

    Being thorough with the facts is essential. Detailed notes and a list of important dates, especially in extensive briefs with multiple orders, assist in memory recall and guide the presentation of correct facts before the court. Clear and concise communication, written and oral is vital for presenting compelling arguments and ensuring the court understands the case’s nuances.

    Sound and comprehensive pleadings must be backed by thorough legal research. While legal arguments can evolve, their foundation should be in the pleadings. Pursuing litigation with vigilance and attention to detail is crucial, as some cases are won on finer points. It’s important to focus on research, know the case against you well, and be prepared to distinguish facts if necessary. Always run an authority check before citing cases.

    Strategically, it’s crucial not to lose sight of the long-term objective while pursuing interim reliefs. Always know the end goal from the client’s perspective while developing your strategy. Adapt strategies as proceedings develop, and don’t reveal all your arguments at once. Hold back some arguments for the right stage in the proceedings. Learn from setbacks and remain practical.

    These lessons have been instrumental in achieving favourable outcomes for my clients and have reinforced my commitment to excellence in litigation management and strategy

    You’ve also delved into trade remedy laws and anti-dumping investigations, securing significant outcomes for your clients. Can you explain the intricacies of these areas of law and how they impact your clients’ business operations?

    Trade remedy laws and anti-dumping investigations are critical for protecting domestic industries from unfair trade practices. These areas involve complex legal and economic analysis to determine whether imports are being dumped and causing injury to the domestic industry. This specialized field requires a deep understanding of legal frameworks and industry dynamics.

    Anti-dumping duties are imposed when foreign companies sell goods at prices lower than their home market or production cost. These duties typically last five years but can be extended or revised if a review investigation finds the conditions for duty imposition continue to exist.

    In any anti-dumping investigation, a proactive approach is essential for exporting companies to defend their interests, mitigate risks, and maintain their competitive position in the global marketplace. The concepts of dumping and injury are central to assessing the impact of imports on the domestic industry and determining the need for anti-dumping measures to restore fair competition and protect domestic producers.

    Dumping occurs when a foreign company sells its goods in an export market at a price below the price it charges in its home market or below the cost of production. “Injury” refers to the harm or adverse effects suffered by the domestic industry as a result of dumped imports. When determining whether to impose anti-dumping duties, the authority assesses whether the domestic industry has been materially injured or is threatened with material injury due to the dumped imports.

    To evaluate injury, the authority examines various economic parameters of the domestic industry, including production, sales, market share, and profitability. The third relevant criterion for recommending duty is the causal link between the dumped imports and the injury.

    My role involves representing clients in investigations, preparing detailed submissions, and regularly appearing before the authority. Favorable outcomes, such as duty waivers or reduced duties, significantly impact my clients’ business operations by protecting their market share and viability.

    Trade remedy investigations and appeals are not just about legal principles but also involve detailed facts, data analysis, and presentation. An in-depth understanding of production processes, industry-specific dynamics, and the ability to gather material information by closely working with clients on data assimilation and analysis is crucial.

    Being part of the actual investigation process provides an edge in cases where appeals are filed before competent Tribunals and higher courts. Navigating these intricacies demands meticulous legal and economic analysis, a thorough understanding of the client’s industry, and strategic thinking. By mastering these complexities, I have helped my clients achieve favorable outcomes and protect their business interests in a highly competitive global market.

    Transitioning from an Associate to a Partner at Dua Associates is a significant achievement. What advice would you give to young lawyers aspiring to advance their careers in law firms, especially in competitive fields like litigation and arbitration?

    For young lawyers, proactive engagement and continuous learning are key. To build expertise in your chosen field, dedicate yourself to tackling challenging cases and stay updated with the latest developments through regular reading. Take advantage of technology for efficient research even during court waiting time.

    Specialization is increasingly important today. Identify your area of interest early and seek mentorship from experienced colleagues. Stay current with legal trends and enhance your skills through practical experience. Consistency, a strong learning attitude, and initiative are vital.

    Networking and fostering professional relationships are equally critical. Showcase your value with consistent, high-quality work and reliability. Balancing professional growth with personal well-being ensures sustained success and fulfilment in your legal career.

    You’ve published articles on Intellectual Property Rights, Arbitration, and Trade Remedies Laws. How important has thought leadership and staying updated with legal developments been in shaping your professional journey?

    Thought leadership has been crucial to shaping my professional journey. Publishing articles on Intellectual Property Rights, Arbitration, and Trade Remedies Laws has kept me abreast of legal developments and enabled me to engage deeply with emerging trends in my fields of expertise. This commitment to staying informed allows me to provide cutting-edge advice and innovative solutions to complex legal challenges for my clients.

    Moreover, my thought leadership has cultivated a strong passion and enthusiasm for the intersection of technology and law. Areas such as data privacy, navigating challenges within current criminal laws in the context of artificial intelligence, responsible adoption and policy frameworks for AI, and the interplay between intellectual property and AI, including gaming laws, have become focal points of interest for me. This exploration fuels my continuous learning and enhances my ability to contribute meaningfully to the evolving legal landscape

    Finally, for fresh law graduates entering the legal profession today, what advice would you offer based on your own experiences and the evolving landscape of legal practice?

    To fresh law graduates, I would say that the legal profession offers immense opportunities for those who are passionate and dedicated. Focus on building a strong foundation by gaining practical experience and learning from every case and client interaction. Embrace the evolving landscape of legal practice, particularly the integration of technology and data analytics, which are becoming increasingly important. Develop strong research, analytical, and communication skills, and be open to continuous learning. Networking and building professional relationships will also play a crucial role in your career. Most importantly, uphold the highest standards of ethics and integrity, as these principles will guide you throughout your career. I’ve learned that success often arises from unexpected situations and that embracing change is a vital part of growth. To all the young lawyers and aspiring legal professionals out there, remember that your path may not always be clear, but every step forward, no matter how uncertain, is a step in the right direction. Embrace the challenges, seize the opportunities, and keep moving forward with unwavering determination. Your journey may surprise you in the most wonderful ways.

    Get in touch with Juhi Chawla-

  • “Remain focused and sincere, understanding that there are no shortcuts or substitutes for hard work. Ultimately, what matters most is enjoying what you do and approaching it with passion and pride.” – Mahashwetha Ghosh, Senior legal counsel APAC at Avery Dennison

    “Remain focused and sincere, understanding that there are no shortcuts or substitutes for hard work. Ultimately, what matters most is enjoying what you do and approaching it with passion and pride.” – Mahashwetha Ghosh, Senior legal counsel APAC at Avery Dennison

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

    Looking back, what ignited your passion for law? Can you walk us through your journey, from those early inspirations to the defining moments that led you from ICICI Bank to your current leadership role at Avery Dennison? 

    When I finished school, the options seemed to be either medicine or engineering, but neither appealed to me as such. As a first generation lawyer, I didn’t know much about anything to do with law, except being intrigued by the popular image of them as fiery  eloquent champions of justice. It started out mostly as wanting to build a career while doing the right thing, being able to stay connected with my long-term fascination with logical reasoning & puzzles to solve problems, and also perhaps from watching too many Bengali courtroom dramas!

    In hindsight, joining ICICI Limited was a great decision because it helped me build a solid foundation in financial transactions and accounting principles – which are the bread and butter basics for a corporate lawyer. It helped that ICICI Limited at the time used to do most of its work in-house, so we got a lot of practice in drafting & reviewing complex contracts and working with (very talented) cross-functional teams. 

    Over the years, I have had a lot of mentors and I would not have been here without the guidance and advice received. I have worked at a couple of law firms, Cisco, United Spirits Ltd and Avery Dennison, and what shaped my path was an abiding  desire to excel, to do challenging work without being afraid to put in the hours needed and to go the extra mile to enable/ support the business teams.

    You worked for a while with Morgan Walker Solicitors in London. How was your experience working there, and what brought you back to India? Can you share the transition part of your career and how it influenced your professional growth? 

    Before joining Morgan Walker Solicitors, I was able to complete the Qualified Lawyer Transfer Test(QLTT) and successfully qualify as a Solicitor in England & Wales. MWS was a deeply useful addition to my UK stint, as I was exposed to complex transactional contracts and the more strategic advice needed for cross-border transactions. 

    I returned to India for personal reasons but am grateful for the years I worked in the UK, because it broadened my perspective significantly, exposing me to a different culture and way of doing things that I integrated into my own approach to the profession.

    As the Executive Sponsor for certain APAC DEI Council initiatives, what initiatives have you implemented to promote diversity and inclusion? How do these initiatives contribute to the overall success and culture of the organization? 

    The three main areas I have focussed on in the past four or five years in the APAC DEI Council are the Safe to Speak Up initiatives, setting up an employee resource group (WeRise) separately for women employees in South Asia distinct from the APAC group and starting a need-based mentoring program in the region. I think we have a long long way to go where DEI is concerned. Yes, the number of diverse employees is increasing and the talent acquisition team is working to balance the playing field at the entry level, but the problems of unconscious bias and years of patriarchy are tough to root out. 

    The initiatives I have chosen to work address three important aspects – providing a platform to raise concerns, bringing women together to support each other and trying to provide advice/ guidance on specific areas identified by employees themselves.

    DEI is something I am deeply passionate about, and I try to stay involved even when there is little bandwidth available. I feel that as a woman leader I should do whatever I can to make things easier for those who have (or will) come after me. Manufacturing is still such a male dominated industry, that women on the shop floor and in leadership roles are limited. The benefits of diversity are too obvious to ignore. But we have to move from mentorship to sponsorship, from silent supporters to active allies, from the safety of status quo to active challenging, from tokenism to owning the outcome.

    You have advised on legislation related to plastic waste management and are involved in sustainability and governance. How do you balance corporate interests with regulatory compliance and environmental responsibilities? 

    Both go hand in hand, specifically to meet the de facto and potentially to surpass the law de jure. At Avery Dennison, we strive to ensure a much higher standard than what legislation prescribes, ensuring that sustainability is upfront and centre of all our products and solutions. While I will not deny there are operational challenges, if the value-add is clearly captured and (if possible) quantified, in my experience there is complete support from the business leadership. 

    Among your many achievements, you’ve been awarded the Global Leadership Excellence Award multiple times. Which project or initiative are you most proud of and why? 

    I have been awarded the Global Leadership Excellence Award four times and I am most proud of the one I received for designing and setting up the Compliance Ambassador Program globally across the company. This program invites participation at the ground level (including the shop floor) from colleagues in a structured program format to help broadbase compliance initiates and messaging, to ensure that we involve every person in building a robust compliance culture in the company. 

    We know to focus on the tone-at -the-top, but it is when the tone-across-the-organisation is in sync with the tone-at-the-top that we can truly change culture and make integrity our true North. I have been amazed and humbled by the talent and motivation of colleagues in finding innovative ways to communicate and engage with all employees on compliance issues and messaging.

    You’ve held leadership positions across India, the UK, and other regions. What are some key differences in navigating legal landscapes across these diverse markets?

    In my current role as Senior Director – Legal for South Asia I support all business divisions of Avery Dennison across India, Bangladesh, Pakistan, Sri Lanka, Indonesia, Malaysia, South Africa and Kenya. While having a wide portfolio is great, it also means a lot more homework, especially when there is a different official language & business culture at play and multiple P&Ls in a matrixed structure. I think there are two critical but oft-ignored components to success as a business partner – familiarity with the legislation, precedents, practices and the ability to find the most suitable support needed for more complex matters. 

    Since we also play an active role in government relations, there is a need to be agile, on the ground and to build key relationships with multiple external stakeholders. Managing crisis and business continuity remotely is, of course,  a completely different ball game.  

    Outside of your professional life, what are some of your personal hobbies or interests that help you maintain a work-life balance?

    First I have to say that personally I think that ‘work-life balance’ is a misnomer! It is almost impossible to find a balance, as work is such a huge part of life itself, therefore impossible to categorise in separate buckets. What works for me is to prioritise what I need to do every day and then not to waste time thinking about my choices! 

    I am the mother of two boys (aged 20 and 16) and love spending time at home with my family as much as I enjoy being a legal professional. Other than that, I travel a lot, enjoy being with friends, cooking and working on various creative crafts (decoupage, resin art, Tanjore painting, crochet, cross-stitch etc). Am also a gardening enthusiast and an orchid addict! I find that being flexible with your hobbies is the key to fitting them into your career in a fulfilling manner. 

    What advice would you give to the current generation of aspiring lawyers who wish to build a successful career in corporate law? 

    Instead of advice, I would call them my tips for a successful career in-house and they would be as follows:

    • Be focused and sincere, and know that there are no short-cuts or substitutes to hard work, which means read, read, read some more and never stop learning; 
    • Be intelligent about how you work, chasing solutions and outcomes, but be wary of being a mere post-box counsel;
    • Appreciate that most corporations are under transformational change in this VUCA world and advising on doing the right thing and finding ethical solutions is becoming more difficult. However, it is not impossible and thats really our job as in-house counsel; 
    • Whether we practice or work inhouse, we lawyers should all uphold the honour of the profession and its standards of conduct; and finally
    • Don’t focus too much on the designation or the job title but on learning and acquiring skills/ knowledge. At the end of the day, what is most important is to enjoy what you do and to do it with passion and pride.

    Get in touch with Mahashwetha Ghosh

  • “My guiding philosophy is to be kind to others and to work hard. I believe in not transferring pressure onto others, focusing on the fundamentals, and simplifying complexities.” – Kumar Bankatesh, Head of Legal at C K Birla group Company

    “My guiding philosophy is to be kind to others and to work hard. I believe in not transferring pressure onto others, focusing on the fundamentals, and simplifying complexities.” – Kumar Bankatesh, Head of Legal at C K Birla group Company

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

    What motivated you to pursue a career in law after your schooling at Sainik School Tilaiya and your experience with the NDA? How did your time at Campus Law Center, Delhi University, shape your legal perspective?

    After completing my 10+2 from a Sainik School, I was selected for the NDA but could not join due to some medical issues. I then moved to Delhi for my graduation and enrolled in History (H). Initially, I chose Law to prepare for competitive exams, but I soon developed a genuine interest in the field and decided to pursue it as a career. During my college years, besides NLUs, the Campus Law Centre stood out with its excellent faculty and talented students. The case study method of teaching there fostered my interest in developing legal acumen.

    What is your personal philosophy or mantra that you live by? How has it guided you through various phases of your life and career?  

    My philosophy and mantra in life is to be kind to others and work hard. Try not to pass the pressure on others. try to do the basics right and make things simpler. 

    Can you share your experiences working as a Legal Retainer at Indian Express Newspapers and simultaneously doing court reporting for UNI? How did this dual role contribute to your legal acumen?

    I joined Indian Express Newspapers as a Legal Retainer immediately after completing my final semester exams. In this role, I represented the organization before various Courts and Tribunals. During my time with Indian Express, I had the privilege of working closely with some of the finest legal minds, particularly Mr. Nachiket Joshi. This period was a tremendous learning experience, and the knowledge I gained continues to benefit me in my current role as an in-house counsel. It has enhanced my decision-making abilities and problem-solving skills, which I feel are often lacking in colleagues without direct courtroom experience.

    My extensive court reporting experience helped me build a strong rapport with court staff. Attending high-profile case hearings and grasping the essence of judgments early in my career was invaluable. Regular interaction with the judiciary significantly boosted my confidence. It became routine for me to visit the court in the evening and inquire about any significant judgments of the day. Publishing exclusive stories always brought a great sense of satisfaction.

    You have worked in various sectors including mining, manufacturing, environment, real estate, media, and the automobile industry. How has your experience been in learning and adapting to the legal intricacies of each sector? What strategies did you employ to efficiently transition and excel in such diverse fields?   

    I feel that when you start thinking about how our legal system works in a given situation you can adjust and add value to any particular Industry. Many times you bring a fresh perspective to a new Industry. Yes, you need to understand the Business processes and intricacies in detail. Before joining any new industry, I spend some time reading the landmark judgements that have disrupted a particular industry. My exposure to Mining Industry when nothing was going in favour of the Industries due to court orders related to wildlife and Environmental clearances, renewal of Leases, and Illegal mining. It was a great challenge to convince the Management that everything would be normal over time.

    This experience is now helping me cope with stress when things are not going my way.

    As the Head of Legal at C K Birla Group Company, what are some of the most challenging cross-border transactions or contract law cases you’ve handled? Can you share any unique experiences or lessons from these cases?  

    During my present stint with C K Birla Group Company wherein I am heading NBC Bearings, an automotive Component manufacturer, one of the challenging situations I faced was when I joined the organisation there was a pending CCI investigation faced by the Industry, Now when the final judgement is pronounced and are in public domain I feel that there is no harm in sharing the details, Company has volunteered and filed a leniency application and accepted participating in one of the meetings, Though they were second in the marker therefore not eligible for full leniency. Now my concern was how to get full relief for the Company, in my view the Cartel was not made out. We tried to build our case on that principle. We pleaded that it was a case of coercive cartel even if we participated in one of the meetings. finally, CCI directed a cease and desist order but didn’t impose any penalty.  On the Contract front also many of our customers are large OEMs who have standard contracts and are reluctant to modify them for different suppliers, in that case, you have to show your soft skills and put up your point and document it so that in case of any future dispute it can be relied upon. As I have worked for the OEM I also initially found it a little difficult but later on I realised that the real test is to convince the other party when you have lesser bargaining power.

    We always approach the Big Four firms and top consultants for foreign acquisitions. However, challenges arise when it comes to managing the small companies we have incorporated abroad, especially in a cost-effective manner. This company has experienced substantial growth during this period, which has consistently kept the legal team on its toes.

    How do you mentor and drive your legal team to ensure they are equipped to handle complex legal issues? What are the key qualities you believe are essential for a successful legal team?  

    Our legal team is not big as compared to many other companies but I always try to motivate them with challenging situations and rewards.  Many times the aspirations of the legal team do not match with the company’s policy of reward and recognition but we always try to push the case of a specialist. Mentoring the young talent is the most crucial part of our team, I do not micromanage the things with my team. A firm believer in delegating work and decision-making.

    What advice would you give to young legal professionals who aspire to have a diversified and impactful career like yours? What are the key skills and experiences they should seek out? 

    My advice to young lawyers particularly the first-generation lawyers would be to work hard and read the bare acts and judgments. nowadays with ready-made apps and online search engines we all at times take shortcuts and settle for superficial knowledge. Also, they must get some additional professional degrees like CS and others. It helps in difficult times. Also, be connected to the Bar.

    Outside of your legal career, what personal interests or hobbies do you pursue? How do these activities help you maintain a work-life balance and stay motivated in your professional life? 

    I like to Travel, and now most of my leisure time is spent with my Pet. It helps me to be in the present.

    Based on your extensive experience, what do you see as the future trends in legal practice, especially in the fields of litigation and compliance? How should current and future legal professionals prepare for these changes?   

    I believe that mediocre-level legal tasks will face significant competition from AI. However, I also feel that it will be a while before people start relying solely on AI tools. Certainly, these tools can be helpful to legal practitioners. In the coming days, legal professionals will need to be versatile advisors, sometimes offering counsel in fields beyond law. While it is easier to build a repository for compliances, there are many instances where taking a calculated risk is necessary to compete and succeed. That’s where sound legal advice becomes invaluable for risk assessment.

    How have recent global events, such as the pandemic or changes in international trade policies, impacted your legal strategies?

    Pandemics have touched and changed all strata of society including the Legal field, We have also gone for a complete paperless documentation system, remote working is seen as a norm today. Sometimes it increases productivity also. Many times when you are in the office it is difficult to concentrate on high-stakes documentation.

    Finally, I can say that when I started my career it was a time when we used to point out that this is not permissible as per Law, Slowly I moved to the narration that it’s a Business call, now with more than 20 years of experience I am in a position to say it’s my call, As I understand both Business and Law.

    Get in touch with Kumar Bankatesh-

  • “My journey into law was a choice of passion over convention, fueled by a desire to explore intellectual property rights and make a meaningful impact in the field.” – Vibhav Mithal, AI & IPR lawyer & Associate Partner at Anand and Anand.

    “My journey into law was a choice of passion over convention, fueled by a desire to explore intellectual property rights and make a meaningful impact in the field.” – Vibhav Mithal, AI & IPR lawyer & Associate Partner at Anand and Anand.

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

    Hello and welcome to SuperLawyer Youtube channel. And once again, we are here with a phenomenal personality Vibhav Mithal and a very dear friend. I have known him for more than a couple of years now. Welcome Vibhav. Thank you for agreeing to this interview. And yes, I should introduce him as a partner at Anand and Anand and other than that, he will carry forward with his own story.

    I would request you to tell us about your journey into the legal field, and how you decided to become a lawyer, especially in intellectual property rights, which you are fascinated about and have made a name in. What inspired you to specialize in such a niche area? And please take us through your journey. Welcome Vibhav and thank you.

    Thank you so much, Divya. It’s an absolute pleasure to do this with you. I’ll start from the beginning of my journey. My parents are doctors, and there’s a conventional expectation in India that a doctor’s son will become a doctor or an engineer’s son will become an engineer, right?

    My father told me clearly, “Son, you won’t be able to do engineering,” so it was between medicine or another profession. I honed in on law because, at that point, it was more a process of elimination. I didn’t want to do engineering, and although I considered medicine, I wasn’t sure. Both my parents cast long shadows, being very successful in their fields. I felt that pursuing law would give me the flexibility to move into journalism, which interested me at the time. I was heavily involved in theater during school, and I thought I might explore laws around theater and playwrights, or perhaps even pursue an MBA after law school. Thus, I chose law, keeping my options open.

    Once I made up my mind, I started coaching during class 12. Even though I was busy with my board exams, I began career launcher coaching from SDA market in New Delhi. I remember this very clearly; it was back in 2007-2008 when I took the CLAT exam while also preparing for my 12th boards. Despite taking up the coaching, I couldn’t focus entirely on it because I prioritized my 12th exams. However, I was very mindful and present during the coaching classes, which were held every Monday from 5:30 to 7:30 PM.

    By the time I reached the CLAT exam, I had a good understanding of how to approach competitive exams. I also did a crash course with Career Launcher in April before the exam. Fortunately, I made it to NUJS, Calcutta. I had a clear strategy for the CLAT exam, knowing how many marks each section was worth, how much time to allocate to each section, and the order in which I would tackle them. I prepared thoroughly for the black-and-white sections like GK and English vocabulary, while practicing the more nuanced sections through mocks.

    NUJS was fantastic for five years, but I won’t go into too much detail. Moving on to the question about intellectual property, one of my uncles, Ratan Masaji, introduced me to the concept when I was in my second year of law school. We were at the Indian Habitat Center, having tea on the terrace, and he mentioned an IP case. The idea of intellectual property intrigued me

    By the end of my third year at NUJS in May 2011, two significant events occurred. First, I interned with Geeta Luthra, a renowned civil litigator, which ignited my passion for litigation. It was an intense internship, with long hours from 10 AM to 1 or 2 AM, spanning four weeks. During this period, I experienced the trial courts in Delhi, which remained active until June.

    The second notable event was meeting Rodney Ryder, a prominent figure in intellectual property law, in CP. He shared his experiences and recommended I read “Rembrandts in the Attic,” a book on intellectual property rights and monetization, particularly focusing on patents. This book, written in the early 2000s, discussed the evolving perception of intellectual property in America.

    After reading the book in the summer, my fourth-year courses in intellectual property began. My professors, Anirban Majumdar (copyright law), Vishwas Devaiya (trademark law), and Shamnat Basheer (patent law), further solidified my interest. Anirban sir’s teaching resonated with me, especially due to my background in theater. Shamnat sir shifted my focus from copyright to patents, and Vishwas Devaiya sir introduced me to trademark law.

    By the end of my fourth year, I was certain about pursuing intellectual property law. Despite being in the top 20 of my batch, I chose not to participate in placements. My commitment was clear to my peers, who often went on weekend trips while I focused on internships and coursework to enhance my CV.

    In my final year, I faced pressure from my mother to consider placements, but I remained steadfast in my decision to specialize in intellectual property. I dedicated my time to relevant internships and coursework to ensure my CV reflected my focus on IP. This was a stressful period as IP litigation jobs were scarce.

    Fortunately, in March 2013, Anand and Anand held a recruitment fair at my college. I was interviewed and selected the same day, about 40 days before my final exams. The interview, which has become part of ANA folklore, involved questions on patent law and the concept of a person of ordinary skill in the art. My current boss and Mr. Anand himself conducted the interviews.

    This journey, from my third year to securing a position at Anand and Anand, highlights my commitment to intellectual property law and the steps I took to achieve my goal.

    Your story is truly fascinating, especially how you were so determined to focus solely on intellectual property litigation. This field is still quite niche and hasn’t become mainstream yet. Thank you for your dedication, as it ensures we have skilled lawyers in India who specialize in intellectual property litigation.

    With that in mind, you must have witnessed significant changes over the past decade in this field. What kind of advancements or enhancements have you observed, and how have you contributed to these changes? Please share your story.

    I think one of the main aspects of changes in intellectual property law over the last decade is my tenure at Anand since I left law school. One important thing for the audience to understand is that Anand and Anand is a pro-IP firm.

    We protect and enforce intellectual property rights, standing up for the IP owner across various fields, including trademark law, patent law, and copyright. For instance, in patent law, we represent the patentee, such as a cancer drug owner. In trademark law, we stand with brand owners, and in copyright law, we support individual artists or singers against any opposing party. The changes we’ve seen in IP law are viewed through this protective lens. Much of the intellectual property rights litigation occurs at the Delhi High Court.

    Let me highlight two to three major changes in IP law from different perspectives. First, regarding the reliefs granted by the court: On my first day on the job, my immediate boss handed me the 275-page judgment passed by Justice Manmohan Singh in the Roche Cipla patent infringement dispute. This was the first lawsuit filed under the Patents Act of 1970 after the product patent regime had begun. My first two and a half years involved being part of the Roche versus Cipla appeal. Roche, a cancer drug maker, had initially lost before the single judge, and the first appeal was before the division bench. During this process, I learned a great deal about patent law, conducted extensive research, and honed the art of handling complex matters.

    A significant change occurred on November 27, 2015, when we won that appeal. The court laid down several concepts of patent law and jurisprudence, particularly in the context of pharmaceutical patents, which remain relevant today. This victory marked a shift towards a pro-patentee stance about two and a half years into my profession.

    In terms of substance, trademark law reliefs have blossomed, now including costs and damages against infringers. Copyright law jurisprudence has also been evolving and growing. The reason I emphasize this from a patent perspective is that it illustrates how jurisprudence evolves, especially in the more nuanced areas of law.

    Another significant experience was my involvement in the Monsanto dispute at the Supreme Court level after returning from my LLM. This dispute provided a different type of experience, where I was not only the most junior member but also deeply familiar with the case files.

    So, the issue was more in the context of patent eligibility tests. Simply put, it was about determining whether an invention qualifies as a plant variety, a gene, or something else. The court was able to understand the various legal issues, set aside the decision of the division bench, and sent it back to a single judge for reconsideration and trial.

    I highlight these points from a patent perspective to show how courts adeptly understand the nuances of legal issues. Outcomes can vary, but this change shows progress.

    The second change relates to procedural aspects. In India, associates involved in litigation ensure that once a lawsuit is filed and summons are served, service is coordinated through their office. I remember in 2015, about two years into my career, I had to serve a defendant in a foreign country. I got their address from public domains and gave it to our courier service, but they reported the address as incorrect. This led to a lengthy argument, as an incorrect address meant the defendant wouldn’t be served, prolonging the litigation unnecessarily.

    One notable change is the introduction of WhatsApp service by the Delhi High Court in 2018, which streamlines this process. Additionally, procedural laws have evolved, imposing strict timelines. If a written statement isn’t filed within 120 days, the right is forfeited. Previously, after filing a written statement, separate processes like admission denial affidavits would extend the timeline significantly. Now, these processes are clubbed together, expediting litigation.

    For example, in 2022, post-COVID, I handled a trademark case where the defendant had no viable defense. We moved for summary judgment, argued, and received a favorable ruling, saving the client’s costs for a full-fledged trial. These changes, largely due to the Commercial Courts Act, recognize IP as a commercial dispute, altering litigation timelines and procedures. The Delhi High Court’s rules also include WhatsApp service, reflecting significant procedural advancements.

    Lastly, with the abolition of IPAB, the Delhi High Court’s Intellectual Property Rights Division now handles both IP infringement cases and appeals from the registry. This has expedited the resolution process; for instance, two trademark appeals were decided within 36 days.

    For students and new practitioners, these rapid changes require a clear understanding of timelines and meticulous planning. While litigation often focuses on immediate deadlines, having both a macro and micro view is crucial. Balancing short-term responses with long-term planning helps navigate the evolving legal landscape efficiently.

    Your explanation is meticulous. Your ability to recall dates, days, years, and everything in such detail is impressive. It’s not easy to maintain that level of precision, and it’s commendable.

    As you mentioned your LLM, could you elaborate on that a bit more? Specifically, what differences did you notice between the study process in India and in the US? A comparative analysis would be very insightful. Additionally, how did your thought process change after completing your LLM and returning to rejoin your work? Would you be willing to share those experiences?

    Of course, it’s an excellent question. Before I address the differences and changes, I think it’s essential to first discuss when to pursue an LLM. The decision is highly personal.

    An LLM’s value depends significantly on what you make of it. One of the most crucial aspects of an LLM is how you utilize the program, the choice of the program, the professors, and the course combinations. How you spend your time in the program defines your LLM experience and impacts your time after completing it.

    Whether to pursue an LLM immediately after college or after gaining work experience is a personal choice. I chose to do it after working for a few years for several reasons. Firstly, you gain better clarity about your goals with an LLM after having two to three years of work experience. While two to three years of work experience is ideal, a minimum of two years is necessary. This experience teaches you discipline, how to handle stressful situations and deadlines, and it clarifies your mind after some time in practice.

    For instance, if you’re practicing in a specific area, you might decide to pursue an LLM in that same field. In my case, I was practicing intellectual property law and chose to do an LLM in the same area because my practice confirmed my interest in intellectual property. However, it could have gone the other way. After two or three years in intellectual property practice, I could have concluded that I wasn’t enjoying it and decided to pursue an LLM in a different field.

    There are advantages to gaining work experience before pursuing an LLM. The overall LLM experience is different because, with work experience, you don’t get overwhelmed by tough professors, challenging assignments, or grading concerns. You’re able to handle situations on their merits and substance, focusing on what you want to learn without being overly concerned about grades. This clarity often comes with work experience.

    Additionally, work experience helps you decide which LLM college to attend. I had a few options, but I chose to attend Boston University School of Law for their niche LLM in Intellectual Property program, even though it didn’t qualify me for the US bar exam.

    Of course. It’s an excellent question. Before I address the differences and changes, I want to first discuss when to pursue an LLM. This decision is a personal choice.

    I made a conscious decision in my journey. I remember having an informal interaction with a leading law firm in the US. They mentioned that they had encountered many Indian lawyers who come to America, but I was the first one they met who didn’t intend to take the bar exam or even choose a course that required it. I explained that given my job experience and exposure in India, achieving an equivalent position in America would take three to five years, perhaps even less, but it would still require significant time. Therefore, the bar exam was not a priority for me. Instead, I focused on learning intellectual property.

    During my studies, I took diverse courses, including Trade Secrets Law, Food and Drug Administration (FDA) Law, and an IP Workshop at Boston University School of Law. In the IP Workshop, we critiqued leading academics’ papers, including one on the Oracle-Google Java API copyright dispute, which the US Supreme Court later decided in favor of Google. I wrote a paper supporting the copyright owner, diving deep into the history of the dispute.

    This academic course, seemingly detached from practical practice, taught me to understand and formulate arguments based on the underlying positions of opposing papers. This skill has been invaluable, even aiding me in the Monsanto decision when I returned to India.

    In terms of differences and takeaways, one significant aspect of American legal education is the required study time. For every hour of class, an average reader needs at least three hours of study outside class. For instance, 10 hours of class time a week, or 10 credits, translates to 40 hours of study. This means dedicating eight hours every day, Monday to Friday, solely to studying.

    Each lecture comes with assigned readings, and professors ask questions based on these readings. If you’re unprepared, you’ll fall behind and have to catch up on your own. Staying on top of readings is crucial for continuous learning. Professors will push you if you’re diligent. For example, in my Food and Drug Law course, my professor encouraged me to compare the biologic and biosimilar regimes in India, rather than taking an end-semester exam. She is an authority in the food and drug space, and her guidance was invaluable.

    This commitment to preparation and engagement defines the American law school experience and is a key difference from other systems.

    I ended up writing a 70-page paper for that course, not because I had planned to, but because the professor engaged with me continuously, rather than assessing me on an end-semester exam. She kept giving me deadlines, saying things like, “I like the discussion. Why don’t you come back with a title next week?” So I went back with a title. Then she said, “I like the title. Why don’t you come back with an abstract next week?” I wrote the abstract. Then she said, “Now that you have the abstract, let’s work on the informative portion of the paper, and then we’ll come to the analysis.” This created a different kind of engagement.

    On the academic side, the LLM experience involves investing in your education and studies. However, an equally important aspect is the exposure outside the classroom, where you meet people from different countries. During orientation, I made sure to meet every single batchmate. This is common across any law school, but I made a concerted effort to connect with everyone. As a result, my friend circle grew to 16 people from 11 different countries. Despite the craziness of studies, we managed to do three trips together. We went to Mexico during spring break with half of the group, and after exams, all 16 of us took a trip to Cape Cod in Massachusetts. We rented a large house that could accommodate all of us, which took half an hour just to explore fully.

    One memorable moment was when we arrived at the house in May, around this time of year. The American winter had just ended, and summer hadn’t fully started yet. We got there around noon, but by 7 PM, we realized no one had entered the kitchen, and we were all hungry. We discovered the stove didn’t work, so we called the person who arranged the rental. He panicked, saying he would send someone to fix it, but that person didn’t speak English. We assured him it wasn’t a problem, given our diverse group from 11 different countries; we would manage.

    This experience highlighted the value of an LLM beyond academics. It teaches you many skills and builds lasting friendships and big ideas. It’s been seven years since I finished my LLM, and I’m still in touch with my alma mater, BU Law. I even spoke there recently. We had a reunion in 2019, reinforcing the strong connections formed during that time. My LLM books are still on my shelf, and I refer to them when needed. Some recent matters I’ve worked on directly relate to my LLM studies, particularly in IP law.

    An LLM experience isn’t just about ticking off a checklist; it’s about growth and development, both consciously and subconsciously. It’s important to be clear about why you’re pursuing an LLM and how you intend to use it. The combination of professors and courses you choose is crucial, but so is enjoying the journey. My schedule was set: I studied from Sunday to Friday evening, then spent Friday evening and Saturday with friends. Saturday morning was for house chores and a bit of study, and Sunday was dedicated to studying. Every weekend, from September until graduation, we had fun on Friday and Saturday nights. Looking back, I feel like I balanced my studies and social life well, and I certainly made the most of my time with friends.

    Wow, what a fascinating journey you have had! I don’t know whether you planned it all or if it just happened flawlessly for you, but you always seem to achieve the best possible outcomes in whatever you do. From my experience with you on AI and law, as well as AI and IP, I can certainly attest to that.

    As you enjoyed your LLM and your work with Anand and Anand, where you decided to prioritize IP, it has clearly become your niche. You are now an authority in the field. I want to ask, how did you come to love AI and law, as well as AI and IP, in the same manner? What prompted this interest, especially since you started working on it long before it became a popular topic? Additionally, could you please share your perspectives on the current impact of AI on IP and what you foresee in the future, given your extensive experience?

    Thank you for that question. My interest in AI is something that often surprises people, both at my workplace and elsewhere, especially considering my passion for IP. They often wonder how I got into this field. I think it boils down to a couple of key factors.

    First and foremost is curiosity. I’ve always been curious, and AI intrigued me way back in 2019, just two years after completing my LLM. Second, my brother-in-law, who is heavily involved in AI, played a significant role. Similar to how I had a masaji who spoke about IP, I had a jijaji who mentioned AI in conversations. Additionally, in 2019, Mr. Anand organized a moot court focusing on AI issues, which led to further discussions and piqued my interest in AI.

    The real turning point came during the COVID lockdown. With the extra time on my hands, I stopped watching TV by mid-April 2020, just a month after the lockdown began. Instead, I started reading more. I came across articles by Karen Hao, who wrote for MIT Technology Review and published a weekly newsletter called “Algorithm.” Her writings sparked my interest further. I even wrote to her, and she knows about my admiration for her work.

    Around the same time, I joined the MKAI (Milton Keynes Artificial Intelligence) community. They held weekly events on AI, which I found fascinating. They also had a WhatsApp group for discussions. By November 2020, I was actively participating in these discussions, dedicating an hour or so each evening to reading, responding, and sharing my views instead of watching TV.

    This routine continued for about six months until Richard Foster Fletcher asked me to become the voluntary head of the MKAI community in early 2021. I held this role until the end of 2022. During my one and a half years with MKAI, we conducted numerous LinkedIn Live sessions, where I often served as the lead panelist. This period significantly enriched my understanding and involvement in AI.

    So, my journey into AI began with curiosity and was fueled by influential people and timely opportunities during the COVID lockdown.

    My journey into AI ethics began with what could be termed as a long-distance LLM, or an interactive LLM, if you will. Monthly events and my role as a lead panelist in LinkedIn Live sessions required extensive reading, sparking my interest in AI ethics. One particularly impactful read was a book on AI ethics authored by Mark from MIT, alongside literature on machine learning and “Transforming in the Age of AI,” which I began exploring in 2020, just before COVID-19. These discoveries were driven purely by curiosity.

    Soon after, I became involved with a Springer journal titled “AI Ethics,” joining its peer review board upon nomination. This marked my formal introduction to the field. Subsequently, my tenure as voluntary head of community at MKAI, an organization dedicated to general AI, spanned one and a half years. MKAI proved invaluable for anyone looking to delve into AI and establish themselves in the field.

    My involvement with MKAI coincided with my joining ForHumanity, a role closer to home as they were then developing an AI systems audit framework under data protection laws. This move solidified my commitment, and I haven’t looked back since. With ForHumanity, initiatives like Koli Team India were launched, focusing on India’s AI policies from 2021 onwards. We meticulously reviewed the national strategy, responsible AI reports, and contributed to shaping the AI audit scheme proposed in the withdrawn data protection bill. Throughout 2022, I actively participated in responding to industry calls for comments, forging connections that furthered organic growth.

    LinkedIn played a significant role during this period, facilitating high-quality interactions and connections across the globe, especially during the COVID-19 pandemic from 2020 until early 2022. Although initially centered on IP and AI debates, my focus evolved towards understanding AI comprehensively—exploring AI ethics, responsible AI, and its ethical implications. This broadened perspective led to collaborations with industry bodies and engagements with legal aspects, particularly concerning generative AI and IP issues.

    My involvement extended to providing initial feedback to NASSCOM on their generative AI guidelines, an effort recognized in their published report of June last year. These experiences have shaped my understanding of AI from a legal lens, highlighting its impact on intellectual property and sparking debates on ownership and authorship.

    Looking back, my journey has been defined by a deliberate curiosity and a strategic choice in how I allocate my time. Engaging with AI holistically, I’ve maintained a non-technical approach, leveraging my legal background to translate ethical considerations into responsible AI practices—focusing on data protection, IPR, and security implications. As the landscape continues to evolve, my commitment remains steadfast, anchored in a clear understanding of AI’s legal implications and its transformative potential.

    Wow, “Chip War” is one of my favorite books. Yes, Lord Tim Clement. I’ve read a lot about him and have interacted with him a couple of times. I enjoy how with every sentence he speaks, there’s always a book reference. That’s something that makes me really happy. It’s rare to find someone who always has a book to refer to, and I love that. I’m an avid reader myself. I have all the books in the series, like “Chip War,” “Breached,” and others that explore AI and law from a non-technical perspective. It’s important not to always view it from a technical standpoint.

    Knowing you as someone who demystifies AI from a non-technical angle, I’d like to ask: What key points do you think everyone should understand about AI, not just from a technical standpoint but also from a legal perspective? Additionally, for students and young lawyers in fields like litigation or IP law, how do you suggest they approach building a career similar to yours? What should they focus on as law students or early-career lawyers?

    I appreciate these insightful questions. I’m glad to see the flow of our conversation touching on various aspects. Let me share my journey, focusing on two key areas you’ve highlighted: understanding AI and what students can do in this domain.

    Firstly, it’s crucial to grasp the current AI landscape. AI can be categorized into two main types: artificial narrow intelligence (ANI) and artificial general intelligence (AGI). ANI, as a pattern recognition tool, generates outputs like images or text based on recognized patterns, albeit within its defined tasks. AGI, on the other hand, envisages AI reaching human-level intelligence, a frontier still distant despite ongoing research and occasional claims.

    For students entering this field, understanding these distinctions is pivotal. Current laws and regulations, including those from bodies like the World Intellectual Property Organization and recent EU AI Act amendments, predominantly address ANI. This underscores the importance of comprehending AI’s present capabilities and limitations.

    AI pervades everyday experiences—from entertainment streaming to social media interactions. Viewing AI through a non-technical legal lens helps appreciate its omnipresence and anticipate associated legal challenges such as privacy and security.

    Regarding AI’s impact on employment, it’s essential not to confine discussions solely to job displacement. While some roles may shift, others will emerge, akin to historical technological shifts. Embracing AI comprehensively demands holistic perspective, encompassing its societal, economic, and ethical dimensions.

    For aspiring students, clarity in career aspirations is crucial. Whether pursuing AI or intellectual property (IP) law, introspection into personal interests is foundational. Knowing oneself—what interests and excites—is pivotal in shaping a fulfilling career path. My own journey into IP law stemmed from personal curiosity and academic exploration rather than mere prestige.

    Specializing in IP law necessitates a focused approach. Awareness of diverse opportunities beyond prominent firms is vital. During my own career search, I meticulously researched roles across various tiers of firms, aligning each with specific career goals and progression plans.

    Internship experiences are pivotal in this journey. Commitment and diligence during internships often translate into tangible career opportunities. I recall instances where interns’ dedication during intense projects led to permanent roles—a testament to the importance of commitment and understanding one’s responsibilities.

    Opportunities in AI and related fields abound for those passionate about technology and policy. Playing to one’s strengths, whether technical or legal, is essential. My advice to younger individuals exploring AI is to leverage their interests and strengths effectively within this dynamic field.

    In conclusion, navigating the evolving landscape of AI demands not only technical acumen but also a clear understanding of its legal and societal implications. By aligning personal passions with professional pursuits and seizing internship opportunities with dedication, aspiring professionals can forge rewarding careers in AI and IP law.

    “You’ve highlighted a crucial aspect: respect for the job and for the person assigning you tasks. Upholding this can significantly increase your chances of securing a job offer or a pre-placement opportunity, even during internships.

    I believe this perspective you’ve raised is vital. It’s not just about putting in 16, 18, or even 20 hours of work. What stands out is the importance of being respectful and mindful of the consequences that follow. The significance of a task isn’t solely determined by whether it’s handled in the Supreme Court or High Court.

    It should be seen in terms of its impact on your career. When you assist, recognition follows. That’s the essence of your suggestion, as I understand it. It’s crucial for students to grasp this concept, and it’s what we aim to convey here.

    We’ve covered much ground in this interview, but there’s one important question I haven’t asked yet about your personal life. How do you manage to maintain balance amidst your rigorous reading and work schedule? What advice would you give to others who struggle to find time for their personal lives?

    Could you share how you’ve managed this so far and offer insights on how others can emulate your approach?”

    Work-life balance is a crucial topic, especially in the post-COVID era. Personally, my parents, family, friends, and my wife have played pivotal roles in maintaining this balance.

    Initially, living with my parents in Delhi before marriage provided significant support. Litigation demands time to develop, and being able to consult and spend quality time with my parents was invaluable. Both of them are doctors, and observing their disciplined work schedules—from leaving early in the morning to returning by evening—left a lasting impression on me since childhood.

    After marriage, my wife’s unwavering support has been transformative, particularly from 2017 onwards, coinciding with significant milestones in my career, including Supreme Court cases and ventures into AI. Her background as a former corporate lawyer, now a teacher, brings a deep understanding of professional challenges, which greatly contributes to maintaining balance.

    Finding balance, for me, involves consciously investing time in activities that bring joy and relaxation. During the COVID period, this meant pursuing hobbies like reading about AI, alongside family time with shows like “The Crown.” As life resumed, balance shifted to outings for movies or enjoying quiet mornings together.

    Balancing responsibilities extends to our household, where everyone, including my sister-in-law who is a teacher, contributes. Even our dog plays a role in keeping spirits up. Quality time spent together during leisure hours significantly impacts our overall balance.

    Self-care is crucial. Taking time to connect with oneself amidst busy schedules is essential for maintaining equilibrium. Structuring my day with discipline has been key—I start work promptly in the morning and ensure to leave by early evening unless urgent matters demand otherwise. This routine allows for dedicated time at home, whether it’s enjoying moments with family or unwinding with entertainment.

    Achieving work-life balance hinges on transparent communication about priorities and mutual understanding within the family circle. This approach has been instrumental in shaping my perspective on balancing professional and personal commitments effectively.

    Thank you, Vibhav, for bringing such insightful perspectives to our conversation. Your thoughts on work-life balance were particularly inspiring, emphasizing the importance of discipline in achieving harmony. I’m certain our learners and listeners will find your approach worth emulating, and I encourage them to connect with you. Your responsiveness and generosity are truly commendable.

    I also appreciate your role as a community builder, bridging the gap for us lawyers in AI and other emerging fields, making these advancements accessible in India and beyond. Lastly, thank you for agreeing to this interview. I hope you found it enjoyable, and once again, your participation is greatly appreciated.

    It’s been my absolute pleasure.

    I have just shared my perspectives and more than happy to listen to anyone. Any questions and you’re right I do respond to everyone almost who reaches out to me. So there’s absolutely no problem. Anyone is confused. If there’s anything they have questions, they want to ask more, happy to converse.

    So thank you so much. It’s been an absolute pleasure interacting with you.

    Get in touch with Vibhav Mittal-