Super Lawyer

Category: Interviews

  • “If you understand that you follow the reporting protocols and are clear about when you need to accelerate a matter to a more senior person or when to take a matter off the table of a senior person and put it into junior hands, you help yourself a lot”- Roma Bhagat, Founder, Roma Bhagat Associates

    “If you understand that you follow the reporting protocols and are clear about when you need to accelerate a matter to a more senior person or when to take a matter off the table of a senior person and put it into junior hands, you help yourself a lot”- Roma Bhagat, Founder, Roma Bhagat Associates

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

    Can you share with us your journey into the field of law? What inspired you to pursue a career in this domain, particularly focusing on such diverse areas as civil and criminal law, intellectual property, disability rights, and more?

    As a child, I visited a lot of courtrooms with my father and it seemed like a natural progression to find my way there as a qualified Lawyer. My journey, thereafter, in the legal field was just an accident. As I grew older one thing I realized was that law is a profession that didn’t offer me only diversity but also Independence, and I liked it. I joined an Intellectual Property Law Firm in order to gain experience in the field that my father did not practice in. After a point when I realized that it would take me very long to become independent in this field of law, I shifted to Civil Law practice. Along the way, I became associated with an office that was dealing in matters relating to customs, excise, para, and the like. I think I have a very low threshold of boredom and enjoy diversity. So I have done almost any and every matter that has come my way. I recognized as a very junior lawyer that law is nothing but knowing where to find what you need and the old-added seek and ye shall find actually works.  

    I was essentially a civil lawyer till one of my clients got arrested in a customs matter. For some reason, he declared that he would stay in jail rather than be represented by anyone else even though I didn’t practice criminal law. This weight of responsibility made me dive into criminal Law and after that, I didn’t look back. Falling into sports law was also an accident. I had a client who was very passionate about sports and was suffering greatly. I took some matters to Court for him. Before I knew it, I was handling a lot of sports matters. I think my journey in sports law was also helped by the fact that I was a trustee in the Special Olympics for 7 years and as a litigation lawyer I had a distinct advantage in knowing both sides of the system.

    You’ve been deeply involved in advocating for persons with disabilities, working on legal aid, policy advocacy, and training programs. What initially drew you to this cause, and what are some key challenges you’ve encountered in this area of practice?

    Disability is very close to my heart. I have severely impaired vision myself. And I understand disability up close in person, as they say. I think the twin challenges of disability are attitude and awareness. When I was in 9th standard and opted for humanities, my school wanted to know why I wasn’t taking science because I was “a good student”. When my parents informed them that my eyesight precluded me from taking science subjects because I wouldn’t be able to do the required experiments, my school started talking about careers in basket weaving and pottery. In my case, I consider myself lucky that their attitude didn’t influence me or my parents. But in my interactions with disabled persons and the mainstream world, I find this attitude is a two-way street that diminishes the person with a disability and impacts their ability to negotiate their environment.  

    I believe that only concentrating on macro-level cases in disability is problematic. Class action writs, or individual writs for that matter, are necessary to access rights. Stopping short at that is discriminating, in itself. I believe that a disabled person cannot be identified only by their disability. They therefore should have proper representation for cases relating to mainstream law such as property, inheritance, contract, criminal justice, and family. Hence, the legal aid. 

    The importance of training is something that I cannot emphasize enough. And it was for that reason that I will always try and make time for them. One small but telling incident comes to mind. An autistic boy was being questioned by the police and it was a frustrating experience for both. I observed that the police officer would start his questioning by saying “I am going to ask you one to two questions”. The autistic boy would respond to two questions and then wonder. I explained to the police officer that when this “one or two questions” is stated to a non-autistic person, the understanding would be that it would translate to a “few questions”. However, the autistic person would take it as a specific number

    and after two questions will think that the questioning was over. By simply modifying the statement to say that I have some questions to ask, we managed to get the necessary information. This incident, though funny, is also revealing of the fact that if we are able to modify the environment keeping in mind the requirement of a disabled person, things move a lot more smoothly.  

    As someone who has worked with a range of clients from domestic to international corporate houses, what do you believe are the essential qualities or skills that make a lawyer successful in navigating such diverse legal landscapes?

    I think the most important ingredient is inspiring confidence in your client that you will do the job to the best of your ability and it will be a “good best”, that is because you will do your homework. Law is such a vast field that no one person can know it all. It’s good to be aware of this fact and be clear with your client that while you will not have the answer, you have the capability to find it and the acumen to know where to look for it. One of my best clients was the person whose first case I lost. Then when he appeared with another matter, I asked why have you come back to me when I lost your case, and then he replied that I followed you in every step of the case. If anyone would have won it, you would have. It was a bad case but it didn’t stop you from fighting. One thing I’ll add is that clients are clients, national or international, rich or poor, the differences between them are personality-based and cross-cutting. Some clients simply unload their troubles on you and others want to micro-manage and that has nothing to do with what they are paying you. As far as corporate clients are concerned, it is necessary to remember that every company has a certain hierarchy and a way of functioning. If you understand that you follow the reporting protocols and are clear about when you need to accelerate a matter to a more senior person or when to take a matter off the table of a senior person and put it into junior hands, you help yourself a lot.

    Your involvement with organizations like the National Human Rights Commission and the National Trust reflects a commitment to broader social issues beyond legal practice. How do you balance your legal career with your advocacy work and community engagement?

    I believe if you learn to balance your priorities, you can always find time for things you really want to do. Effective time management and assistance of able juniors has always helped me sail through these commitments.  

    You’ve been part of various committees and expert groups focusing on legal reforms and housing policies. Could you shed some light on the role of legal professionals in shaping legislative frameworks and policy decisions, particularly in areas like land reforms and housing?

    When it comes to drafting Bills that eventually translate into Acts, or Policies for that matter, Lawyers have a mind that is already trained to read legal statutes and decode them. Furthermore, people come to the Lawyers with their problems, looking for solutions/effective remedies that would “solve” their problem[s]. Over time, a Lawyer’s mind is trained to analyze a set of facts so as to conceptualize the actual problem, look for the root cause and then offer an effective and efficient solution. This analytical bent of mind, coupled with domain specific expertise, goes a long way in assisting in formulating or shaping Legislative Reforms/frameworks (to cure any mischief) and policy decisions. Furthermore, Lawyers, particularly those who practice in diverse fields, have the capability to assess and understand domain-specific facts in so far as they are material to the matter in hand and be able to use it in that fashion. In my case, my past experience in the domains such as Disability Law and Social Housing and related Land Reforms etc came to my assistance and we were able to bring in targeted reforms.  

    Given your experience in arbitration proceedings, both as an arbitrator and counsel, could you discuss the unique challenges and advantages of alternative dispute resolution methods, especially in international work contracts?

    If conducted properly, arbitration is an extremely efficient way of dealing with dispute resolution. I think the key for me has been due process. If due process is followed then arbitrations move on a fast track. It saves time, stress, and in the long run, opportunity cost. Another advantage of the Arbitration process is having Domain/technical experts as Arbitrators, specifically in the cases of competitive and technical work contracts. I can particularly think of quite many instances where the Arbitrators, being qualified domain experts, understood the

    technicalities of the matter immediately and the proceedings were concluded in record time, with most effective resolutions to the disputes. In the matters relating to International Work Contract[s] sometimes u have conflicting jurisdictions, and in such circumstances, accessing the Domestic Courts and obtaining an Executable Decree can be a challenge. Arbitration overcomes that hurdle. 

    Some of the challenges of Arbitration Proceedings relate to the question of Interim Relief[s] and the enforceability of Awards. I have personally never encountered a situation where an award wasn’t honored, but should that be the case I would imagine there could be issues arising out of the complex nature of the interactions between different sets of, perhaps clashing, domestic Laws .

    Finally, what advice would you offer to law graduates who aspire to build a successful and impactful career in the legal field, considering your wealth of experience and expertise?

    The first piece of advice I have to offer is to recognize and grab every opportunity. The second is to do your homework and be prepared. Thirdly, be organized. You have one shot at the Arguments, be prepared. Fourthly, mistakes will happen. A good lawyer looks for a way to rectify those mistakes, so damage limitation is very important. If you are a civil lawyer then cultivating the ability to think laterally is extremely important, because in civil law there are no straightforward answers. There could be multiple solutions to the same problem. Lastly, seek and ye shall find. Keep working hard and smart. 

    Get in touch with Roma Bhagat-

  • “All the three stages- compliance, crisis management and strategic advisory – can be achieved one after another with strategic advisory being the most important and comes last in the sequence”- Atul Juvle, Managing Partner, Ap2 LEGAL CONSULTING LLP 

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

    You’ve had an illustrious career spanning various industries and companies. What initially drew you towards the legal profession, and how did you navigate your way through different sectors over the years?

    I finished my banking qualification because I wanted to pursue a career in banking operations. While studying for the same  I fell in love with the laws governing forex transactions and the legal decisions made by the courts that impact bankers. This motivated me to finish FCS after LLB. I kind of fell into the legal field by accident. Over time, I became permanently married to legal compliance due to complexities and problems. 

    I have experimented with a variety of business sectors because I love challenges and dislike things as they are. My courageous nature, which I developed by exposure to and experiences gained on the job, has also contributed to my success in adapting and delivering in several organizations. Yes, my wife has given me a lot of support throughout my endeavours, which has inspired me to keep going even now. 

    With your extensive experience in both civil and criminal legal matters, as well as crisis management, could you share some insights into how you approach handling high-stakes matters, or complex legal disputes?

    There are three stages when GC gets  involved (1) from the beginning (2) after trying all the methods to correct the situation (3) this may be part of legacy issues, when you join a new organisation. 

    Based on experiences, I have developed a procedure based strategic approach to handle high stake matters. Whatever may be the stage, when we get involved, the first step is always buying enough time from business or judiciary, under any pretext, to prepare well before getting into filing of legal proceedings or start proceedings before authority (when we got in the matter at proceedings stage) in a high-stakes, complex legal issues. Conduct a thorough internal evaluation review of the matter, not only on the basis of documents but also in consultation with the operational managers directly involved in the matter. Create a SWOT analysis of the situation. The matter’s advantages, disadvantages, opportunities, and threats. Create a plan of action and get going. Be flexible for a few surprises from the opposite side, which may provide threats or weaknesses. Remember to leave the door open for dialogue or informal mediation after filing for legal action. 

    Given your roles in compliance and governance, including ensuring statutory compliances for offices and factories pan India, what strategies have you found most effective in maintaining adherence to regulatory standards across diverse business environments?

    There is no Strategy but a Process, for ensuring a satisfactory compliance system in the organisation.  The written down process with identified process owners, has to be followed religiously. A repository of applicable laws and rules must be established, and when changes occur, one designated individual must be responsible for updating the repository. The repository must be updated with the modifications, and all affected process owners must be notified. Every month, the database must be updated to include compliances, delayed compliances, and failed compliances. The organisation has to promote a “Speak-Up” culture, and reliance and dependence on the same should be prioritized over database reports.  The non-reporting, if any, should be dealt seriously and firmly.  I am blessed to have good teammates in every organisation who followed the process religiously and helped me  to be successful in managing compliances. 

    I will never forget 2010-11, when in one business sector there were more than 90 circulars in one year and only because of dependable team-mates, I could communicate and implement them successfully in the system. 

    You’ve been recognized as a leader in legal ethics and compliance. How do you instill a culture of integrity and ethical behavior within the organizations you’ve worked with, especially considering the diverse cultural and operational landscapes?

    The basic rules of integrity and ethical behaviour does not defer with diverse businesses / operational landscapes or different sets of management.   I am lucky to have worked with businesses, who respect ethical business practices. 

    “Yatha Raja, Tatha Praja’.  The Integrity culture starts with tone from the top.  Integrity is behaving right when no one watches.  The employee follows the leaders. So, senior managers must be role models. The second important step is having a written down policy in the company, which clarifies and codifies the standards, rules and expectations.  The third rule is dealing with violations, without making any exceptions, with warnings, sanctions and sometimes drastic sanctions like termination.  Fourth and last rule is encouraging a speak-up culture.  We also call it the whistle-blower system but it works well when it’s formal as well as informal. If we follow all these rules consistently, integrity and ethical behaviour becomes part of business operations. 

    Your expertise extends to transactions such as M&A and restructuring. What key factors do you consider when advising on such strategic decisions, and how do you balance legal requirements with business objectives?

    M&A and restructuring are two big topics and very difficult to answer it together in short.  I would prefer to share experiences on restructuring because it’s a common activity for a good number of companies and also aligning legal requirements with business objectives are more challenging in restructuring.

    Restructuring involves closing of branches / sale of factories / optimisation of labour force etc. Cost of such projects is perceived as a loss. Handling human angles and related risks and challenges is the first concern. Identifying the external support agencies is necessary to avoid last minute running around, when any angle needs care and cure.   Confidentiality is the most important key factor and it starts from the stage of conceptualisation itself.  I remember in one crucial transaction, we as a team didn’t attend the office for two weeks and even not used company cars and regular drivers.    Complete detailed information about the project.  Identification of risk/trouble pointers and resolution strategy to mitigate the same.   Ensuring 100% compliance with the applicable regulatory provisions, to avoid any surprises from the Regulator.  Handling tough decisions with human touch always helps to mitigate the pains.  Focussed attention, 100% compliant process driven activity, taking care of surprises at the first stage. 

    Could you elaborate on your experience in crisis management, particularly in handling fatal accidents and other critical incidents? How do you approach these situations from a legal and strategic standpoint?

    My first accident handling experience was a troublesome experience, but then I started developing a process based on learning.  Strategy in theory and in real life situations differs vastly.   My learning notes helped me to develop the process.  Eventually later I also got training in crisis management, which helped me to excel in more careful handling of such situations. 

    In case of a fatal accident, the first three days are critical.  Initial communication, immediate financial & emotional support to the victim’s family, cooperation with the regulatory authorities, Police and responses to the media are the major areas.  Seven points, one has to keep in mind in the first 24 hours and then follow the same for another two days.  (1) Minute verification of facts. Zero room for guess work / assumption on the incident background. (2) Emotional and financial support to family without any acceptance of fault- until the same is verified with the facts. (3) Responses to regulatory and media, only after double verification of facts.  While handling media – Reading or releasing written statements- If we buy time, we strictly honour commitment.  ‘No Response’ is an absolutely BAD response. (4) Review carefully the documents and responses submitted to Police (5) Complete the Incident report filing with the applicable regulatory authorities well within time. (normally it’s 24 hours) (6) Estimating loss, Insurance claim possibility. Intimation to Insurance companies. (7) Start parallelly root cause analysis and corrective action to avoid repetition.

    As someone deeply involved in drafting and vetting agreements, what are some common pitfalls you’ve observed in contract negotiations, and how do you mitigate risks while ensuring favourable outcomes for your organization?

    In any contract there are 5-6 clauses that need attention, discussion and negotiations to have a fair contract between both the parties.  But a good number of times the Client has the upper hand and it becomes a difficult decision on whether to accept the project or not?   And Management wants to go ahead with the business decision.  Sometimes the project has strategic importance, too. In some cases, organisations want to accept the project with all the risks as a strategic plan.   In such cases only option is risk evaluation, built in safety measures, estimate and include cost plus insurance.  In simple terms when risks are not avoidable, the option is to accept, create buffers in terms of process as well as cost and transfer risk as a second buffer, to insurance.   In terms of risk mitigation management, it’s necessary to have strong project management with an identified responsible person.   We did wonders on many risky projects by this approach, yes with one or two exceptions where we mitigated risks through insurance claims.

    Finally, with your wealth of experience, what advice would you offer to young law graduates aspiring to make a mark in the legal profession, especially in areas like compliance, crisis management, and strategic advisory?

    All the three stages- compliance, crisis management and strategic advisory – can be achieved one after another with strategic advisory being the most important and comes last in the sequence. 

    First and foremost, even if all the youngsters know, but still would like to reiterate that now there will not be legal & compliance, without information & technology. So, whatever domain one choses, s/he has to keep updated with the technological advancements in the domain.  

    Second, I strongly believe in Brian Tracy’s 6-Ps rule – Prior Proper Planning Prevents Poor Performance. Never forget to plan ahead, ask for help when needed and be prepared before beginning any legal battle.  As I said herein above while answering question no.2, that there is nothing wrong in requesting time for preparation and planning.

    A leadership mindset is a must to reach the Top.  Always remember that leadership begins with the letter L, which stands for lifelong learning.  It’s a myth that only seniors have to be leaders, every person can be a leader at his/her level with the right mindset. 

    Last but not least, my all-time favourite saying is: “Know & go, always; there’s no such thing as NO-GO.” When there is no way to completely eliminate the risk, we should accept it, handle it carefully with continuous monitoring backed by insurance to cover it. 

    Best wishes for earning and claiming your  share in one of the fastest growing economies, India. 

    Get in touch with Atul Juvle-

  • “Ethics and moral values are priceless. Be honest to yourself, to your work, and to the court. No legacy is as rich as honesty.” – Bharat Raichandani, Managing Partner at UBR Legal

    “Ethics and moral values are priceless. Be honest to yourself, to your work, and to the court. No legacy is as rich as honesty.” – Bharat Raichandani, Managing Partner at UBR Legal

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

    Can you walk us through your journey, starting from your school days at Bombay Cambridge School to becoming a University Gold Medalist in Law from Mumbai University? How did your experiences during those formative years shape your aspirations and eventual career path in law?

    I studied at Bombay Cambridge School. It was one of the finest of our times. I was always a first bencher because of my height and not due to academics. Upto class VII, I was an average student. In class VII, I failed in the History subject. My parents were upset. They never expressed it. That was the lowest point in my academic career. I promised my parents that I would never let them down. From class VIII onwards, I was amongst the top rankers throughout. I belonged to the State Board (SSC). I was a school topper in Class X. I was awarded a trophy for outstanding achievement in academics in 1996 by Shri. Udhhav Thackeray, the then President of Shiv Sena. 

    My grandfather wanted me to pursue medicine as, according to him, I was academically brilliant. Destiny had other plans. I took up commerce at Narsee Monjee College of Commerce and Economics. I participated in various debate and elocution competitions at State Level.  I was part of the organising committee of the first ever National Inter-collegiate festival “Umang”. I was a member of the Drama Committee and performed in theatre plays.

    I pursued law from Mumbai University. Though we did not have formal internships in our times, I had a long term internship with Mr. Subhash Jha, Advocate from Law Global, Advocates and Mr. Anil Balani, Advocate. Under their guidance, I learnt the authentic and functional aspects of working of courts. I was actively participating in Moot court competitions. To my surprise, I even won best speaker at a few of them (though I always felt I was not even close to the other contestants). I was always eager to learn the art of advocacy. I completed the three year law course. I have been a University Gold medalist for all these years. I was awarded the Gold Medal by the then Governor of State of Maharashtra Shri. S. M. Krishna. I was even offered a scholarship for an LLM course at London University of Law. However, I felt I was not worthy of it, neither financially nor academically. I recuse myself. The same was offered to the girl who stood second. I felt she deserved it more. 

    I believe these formative years are the bedrock in your career. It shapes you as a person. It instilled, in me, a mighty infrastructure of legal knowledge, critical thinking skills and commitment to ethical practice. 

    As a University Gold Medalist in Law from Mumbai University, what key lessons from your academic journey do you find most valuable in your practical legal work today?

    All of us must never forget that no education or training goes in vain. Every grade teaches us something new and significant. The most valuable lessons from my academic journey that I apply in my practical legal work today include Research Skills, Analytical Thinking, Effective Communication, Time Management and Ethical Awareness. 

    You have been recognized with prestigious awards such as the “Young Achiever under 40” Legal Award and “TOP individual Lawyer” – Tax by Forbes Legal Power List. How do you rate this recognition?

    I am humbled. These accolades serve as affirmations of my dedication, expertise and contribution to the legal profession. They are a testimony of the fact that I love this profession and everything associated with it. It is my passion and not my profession. I am in love with the courts. I, for one, honestly and firmly believe that the judiciary is the only pillar which holds our constitution together. Every judge, I must applaud them all, right from the district judiciary to the Hon’ble Supreme Court, with limited infrastructure at disposal, is doing a remarkable and phenomenal job. 

    However, these awards come with supplementary responsibility. They serve as reminders of the high standards I must uphold and the expectations I must meet in my role as a legal practitioner and leader within the firm. I am keenly aware of the need to continue striving for excellence, both in terms of the quality of legal services we provide and the ethical standards we uphold. 

    How do such above said accolades impact your professional journey and the responsibilities you bear as a managing partner?

    As the Managing Partner of UBR Legal, I recognize that these awards not only reflect individual achievements but also the collective efforts of our entire firm. I am committed to fostering a culture of excellence, collaboration and mentorship within the firm, empowering every member of our team to reach their full potential and contribute to our shared success. I am honoured by these awards and remain dedicated to upholding the highest standards of legal practice, leadership and service to our clients and the community at large. 

    You have authored articles and publications on intricate legal subjects that demonstrate a depth of understanding and a commitment to disseminating knowledge. Could you share insights into your writing process and how you select topics to address in your articles?

    Certainly! Articles on intricate legal subjects require careful consideration and a structured approach. It is important to stay abreast of developments in the legal landscape and understanding the needs and interests of my target audience is paramount. One needs to conduct a thorough research of the topic which involves case law, statutory provisions, academic literature and expert opinions. 

    Overall, my writing process is guided by a commitment to disseminating knowledge, fostering understanding and providing practical insights. From 2020 onwards, I have introduced a monthly newsletter “Lex Loquitur” that culls out the ratio of some important rulings from various judicial fora in the areas of Indirect tax, Direct Tax, Arbitration and Conciliation Act and Insolvency and Banking Code.

    As an arbitrator appointed by the Hon’ble Bombay High Court, what unique perspectives do you bring to alternative dispute resolution and how does it complement your litigation practice?

    Being appointed as an Arbitrator by the Hon’ble Bombay High Court brings with it a unique set of perspectives and experiences that greatly enrich my approach to alternative dispute resolution (ADR). My background as a legal practitioner and litigator complements my role as an arbitrator, allowing me to apply my substantive legal knowledge and advocacy skills to the arbitration process to, mostly, a resolution to the dispute. 

    As an arbitrator, I am committed to upholding the principles of impartiality and neutrality in resolving disputes. I believe the alternate dispute resolution mechanism is intended to bring a pragmatic approach, emphasizing efficiency, flexibility and procedural fairness. The same aids the litigating lawyer in me to advise and counsel clients approaching me for legal opinions. 

    Reflecting on your time at Advaita Legal and Lakshmikumaran and Sridharan, what were the most significant learnings you garnered from those experiences and how have they influenced your leadership style at UBR Legal?

    During my tenure at Advaita Legal and Lakshmikumaran and Sridharan, I had the privilege of working with some of the most distinguished legal minds in the industry. I worked with Mr. Sujit Ghosh, Senior Advocate at Advaita Legal. However, I am indebted, and shall always be, to Mr. V. Sridharan, Senior Advocate (Founding Partner of Lakshmikumaran and Sridharan) and Mr. R. Nambirajan, Senior Partner LKS. Whatever experience in life I have today, apart from the professional training, I received those valuable lessons from both of them. They taught me that a good man can only be a good lawyer. Ethics were embodied in me by them. 

    The dedication towards research, attention to detail and commitment to delivering high-quality legal services were ingrained in every aspect of our work. This relentless pursuit of excellence has become a cornerstone of my leadership style at UBR Legal, where I strive to uphold the same standards of excellence in all our endeavors. 

    I learned the importance of building strong client relationships based on trust, integrity and responsiveness. This client-centric approach guides my leadership at UBR Legal, where we prioritize client satisfaction and strive to exceed client expectations in every interaction. 

    With your expertise in GST could you elaborate on how you navigate the intricacies of these areas to provide tailored solutions for your clients? 

    GST is a new law. It is technology driven. It is system based. It is at a nascent stage. It would certainly evolve with passage of time. 

    Navigating the complexities of GST requires a deep understanding of the ever-evolving legal and regulatory landscape. At UBR Legal, we approach this by combining our expertise in tax law with a thorough analysis of our clients’ specific needs and circumstances. We tailor solutions for our clients by:

    1. Staying updated on the latest developments in GST, budgetary changes, and service tax regulations through continuous research and training;
    2. We engage in detailed consultations with our clients to understand their business operations, financial structures, and tax obligations; and 
    3. We provide legal advice on strategic tax plans that minimize their tax liabilities, maximize available benefits and incentives and mitigate risks.

    How do you foresee the future landscape of taxation evolving and how does UBR Legal adapt to these changes to best serve its clients’ interests?

    Tax laws are here to stay. Only two things are certain: death and taxation. As long as people exist, laws would exist. As long as laws exist, litigation would exist. At UBR Legal, we adapt the changes by staying ahead of the curve through ongoing education, investment in technology and close monitoring of legislative and regulatory developments. This allows us to anticipate emerging trends and proactively adjust our strategies to best serve our clients’ interests. 

    Beyond your professional endeavors, what personal hobbies or interests do you pursue and how do they contribute to your overall well-being and effectiveness as a legal practitioner?

    I enjoy reading non-fiction and business oriented literature.  Political news also excites me. This habit assists me in my role as leader of a law firm and fuels my legal practice as well. Regular reading also provides mental stimulation and helps maintain focus. I cycle everyday for about 20 kms. I enjoy cycling. It is a natural form of exercise. A healthy body is an expression of a healthy mind. 

    With your wealth of experience and achievements, what advice or suggestions would you offer to the upcoming generation of legal professionals who aspire to follow in your footsteps?

    I am no preacher. I believe I am still learning. All of us are. We are all students of law. Learning never ends. However, I would like to share a few words of advice with the younger generation: 

    First, there is no substitute for hard work. Not everyone is gifted with exceptional talent. However, with hardwork and average intelligence, lawyers can go places. 

    Second, ethics and moral values are priceless. Be honest to yourself. Be honest to your work. Be honest to the court. Life would throw several challenges where your feet would tremble, that’s where the test lies. No legacy is as rich as honesty. 

    Third, conduct, behaviour and demeanour in court is the first court craft a lawyer should learn. Never hoodwink the Judge. Relationship between the bar and the bench is based on mutual trust. Respect your opponent. Respect his/her arguments, even if you do not agree. He/she is fighting for the client, the way you are. 

    Fourth, listen to your parents. Parents are the best teachers. They are the only true well wishers who want to see you succeed. Their blessings are very powerful. 

    Fifth, be and stay humble. Humility is a hallmark of great men. It was pride that changed angels into devils. 

    Get in touch with Bharat Raichandani-

  • “To excel in the legal profession, one must be very sincere, have patience and work diligently with dedication”- P S Suman, Managing Partner, PSS Legal Advisors LLP

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

    Can you share your journey into the field of law with us? 

    My Bachelor’s and Master’s degrees in Corporate Secretaryship got me interested in Corporate Law. Thereafter, I finished the Company Secretaryship course as well as a Degree in Law. I enrolled as an advocate with the Bar Council of Tamil Nadu. I had the spectacular opportunity to work under Senior Advocate Mr. R. Murari whose mentoring gave me a great start. 

    Three years later, I finished my Chartered Governance programme at the Chartered Governance Institute (UK and Ireland). 

    A solid foundation in corporate and commercial law is very essential to becoming a successful corporate lawyer. Fortunately, the academic and professional courses I pursued gave me this much-needed in-depth understanding which enables me to handle corporate cases effectively. The journey of my 20+ years in legal practice has been very exciting throughout.

    With your background in corporate secretaryship and law, what drew you to specialize in mergers and acquisitions? 

    I was very passionate about Mergers and Acquisitions right from the beginning of my practice. It is my constant endeavour to know as much as possible about this topic to facilitate providing extensive in-depth services to our clients. It is this interest that led me to complete a program on ‘Value Creation through Mergers and Acquisitions’ from the Indian School of Business (ISB, Hyderabad). At our Firm, we handle various M&A transactions and we enjoy facilitating each of the aspects involved for our clients. Presently, there is constant activity in the M&A space and it’s a very exciting area of practice for our Firm. 

    You co-authored a book on ‘Supreme Court on Insolvency and Bankruptcy’. What inspired you to delve into this topic, and what key insights did you gain from the process?

    The Insolvency and Bankruptcy Code brought about very interesting changes and the law has seen substantial and rapid developments. The Hon’ble Supreme Court has been settling this law on various aspects. I proposed to author a book on this topic and the team at LexisNexis was very supportive. The process of authoring this book gave me a deeper sense of understanding various aspects of the Insolvency and Bankruptcy Code.

    As the Managing Partner of PSS Legal Advisors LLP, could you elaborate on the range of services your firm provides in corporate matters? 

    ‘PSS Legal Advisors LLP’ is a boutique corporate law firm. The Firm’s Advisory Practice deals with a wide variety of matters including all matters relating to foreign exchange law. The Firm’s Transaction Practice deals with a variety of M&A and contract-related matters. In our Litigation Practice, we provide comprehensive end-to-end support on all aspects of Corporate, Civil and Commercial Law and represent our clients before all Courts including the Supreme Court, High Courts and various Tribunals such as NCLT, NCLAT, DRT, DRAT, Enforcement Directorate etc., The Firm also has an active alternate dispute resolution practice on Mediations and Arbitrations. We also have a successful real estate legal practice.

    Being a co-founder of Beej Network, how do you balance your legal expertise with your involvement in angel investments and startup support? 

    I am a mentor by nature and I always look forward to making a difference to people around me. It is because of my knowledge domain and mentoring activities that I was made a Co-founder at Beej Network, which is an angel investing network.

    The founders of startups need to focus on their business and hence they require immense legal and other professional support at all stages. It is my endeavour to understand the business of a startup and their business plan, the vision of the promoters, their pain points etc., from a legal standpoint and guide them suitably to enable them to focus effectively on developing their business without facing non-compliance. 

    As a corporate lawyer, I am fortunate to have assisted clients at different stages of their life cycle over the years and it is this experience that empowers me to mentor the start-ups and its promoters.

    Could you share some highlights from your involvement with the Indo-Japan Chamber of Commerce and Industry? 

    I am fortunate to have about 15+ years of long association working closely with Japanese companies on their requirements in India. A few years ago I was appointed as a Member of the Governing Council, which is the core governing body of the ‘Indo-Japan Chamber of Commerce and Industry’ (IJCCI). The IJCCI has been focussing exclusively on Indian and Japanese trade and cultural activities for over 32 years.

    At the IJCCI we endeavour to connect enquiries from Japan to Indian businesses and vice-versa. We have organised several delegations from India to Japan to give Indian businesses both prospects and exposure to doing business in Japan. I front-ended an economic survey on ‘Indian Industry expectations from Japanese Companies in TamilNadu’. This report is widely circulated in key offices in Japan with an intent to effectively integrate investments from Japan into India. 

    Our Law Firm supports IJCCI by hosting knowledge-sharing programs. 

    Your efforts in attracting foreign investments into India are commendable. What strategies have you found most effective in fostering these international collaborations, particularly with organizations like the United Nations Industrial Development Organization?

    We have arranged programmes for Japan on investing in India with the help of the IJCCI and the United Nations Industrial Development Organisation, ITPO Tokyo. I have been fortunate to travel to Japan extensively on several occasions during which I learnt more about their culture, business practices, expectations on investing in India and other important aspects.

    In our practice and otherwise, we receive enquiries from Japan and other countries. Japanese Investors expect complete clarity on all aspects and it is only thereafter that they execute their decision to invest in India. Of course, the simplicity of setting up and operating in India is the key to attracting foreign investments. 

    Generally, the main focus is on attracting foreign investments into India. However, what we need is to continue to support such foreign investors even post their investments in India by addressing their pain points on priority. The endeavour of the Government must be to turn foreign investors into extremely happy customers which in turn will get such foreign investors to spread the word about and highly recommend their countrymen on investing in India.

    I have dedicated a lot of time and effort to advancing Japanese investments in India and I look forward to continuing to assist many more foreign businesses with their requirements in India.

    How do you ensure your team stays ahead in such a dynamic field?

    This process is the most challenging and yet very interesting. We start each word day with an individual-centric session focussed on their personal development with a brief meditation, mentoring and affirmations. Our teams are aligned to the Firm’s vision. Each member is focused on doing meaningful work every day and on every assignment. The team embraces challenging work willingly and this helps them grow professionally. 

    I have addressed sessions at various institutions on succeeding in the profession, fast-tracking careers and other aspects and I endeavour to enable this for the team at the firm as well.

    What is your approach at the Firm to protect the interest of your clients?

    At the Firm we operate on the principle of ‘Prevention is better than the Cure’. Every commercial action has multiple legal implications and we endeavour to provide clarity to our clients on such implications and also take the necessary steps to protect their interests. Litigation or prosecution leads to complex situations involving huge costs resulting in a financial depletion in a company, diversion of human resources and stressful situations. We proactively address issues with our clients early on by working with them continuously and this enables us to take care of the client’s interest as and when a requirement arises thereby reducing the possibilities of litigation or prosecution.

    Based on your extensive experience, what advice would you offer to fresh graduates aspiring to pursue a career in law, especially in the realm of corporate law and entrepreneurship?

    To excel in the legal profession, one must be very sincere, have patience and work diligently with dedication. The long hours at work must be seen as a pleasure and must be embraced willingly. Fresh graduates must understand all aspects of the profession in detail and happily align with such requirements. They must also have a clear goal in mind and proceed with a long-term approach and it is necessary to stay on track throughout consistently. Horizontal exposure to a variety of laws is vital, but it is also critical to develop core competencies in a select few areas so that, over time, one can establish oneself as an authority in at least a few selected fields. Interest in and investing in continuous education in chosen areas is critical. 

    Get in touch with PS Suman-

  • “Mediation can be one of the quickest, cheapest, effective, and sustainable methods to resolve disputes, saving numerous hours of court’s time.” – “Bridging the Worlds of Accountancy and Law: Keval Sheth, Founder, Konvêrj-Zeûs

    “Mediation can be one of the quickest, cheapest, effective, and sustainable methods to resolve disputes, saving numerous hours of court’s time.” – “Bridging the Worlds of Accountancy and Law: Keval Sheth, Founder, Konvêrj-Zeûs

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

    Your educational journey is quite diverse, transitioning from becoming a Chartered Accountant first and then an LL.B. What motivated you to pursue a diverse career in accountancy and law, and how has this multidisciplinary background influenced your approach to risk, forensics, and dispute advisory?

    Though I have qualified as both, I have not practiced as either of them. I have been in consulting for all my professional career, right since my internship days back during 2002-05. I started with a lot of risk advisory and corporate governance work, working with various consulting firms. But it was when I started conducting forensic investigations and when I interacted a lot more with lawyers, I was intrigued enough by their role and wanted to, if not practice as one, but think from their perspective as well.

    What this has done is that while I am conducting the investigations, it helps me wear a lawyer’s hat also and foresee, of course in my limited knowledge and capacity, certain aspects which are distant to someone who is just a forensic accountant. And needless to mention the extra help I get to interpret various documents in my dispute advisory work as well.

    In this context and as an accredited arbitrator and an empanelled mediator, what unique insights do you think you bring to the table to resolve disputes effectively?

    Globally, the arbitration practice as such is led by the legal fraternity and rightfully so. Having said that, in my view, there is good space for technical professionals other than lawyers. Technical experts like accountants, engineers, doctors, architects, etc. can immensely contribute as a neutral to resolve disputes.

    If a technical professional is an appointed neutral on a case, be it as a sole arbitrator or as a co-arbitrator, I think there is a lot of merit in the process. Imagine a complex commercial dispute or a construction dispute, where you have a chartered accountant or an engineer as one of the arbitrators respectively; not to mention if they additionally are qualified lawyers as well. Not only is the arbitrator adept in the legal aspects but also aware of the complex technical aspects of the case, which may lead to a better conclusion on the case. It is also better to understand the prevailing entitlement, causation and quantum of a case.

    With your extensive experience in forensics and dispute advisory, what are some common pitfalls you’ve observed in organizations regarding risk management, and how do you help them navigate these challenges?

    The most common and critical one that I have observed is to not have a risk management framework at all or to have it led by a risk champion who is relatively inexperienced in the role or function.

    Another pitfall is that a lot of corporates have failed miserably in integration of data, systems and people. Multiple fragmented systems and processes lead to inconsistencies and non-standard procedures.

    Over emphasis on financial risks with no or limited attention to operational, reputational and strategic risks are leading corporates to last minute surprises and resort to course corrective actions.

    Policies and procedures are often poorly drafted and hence lead to multiple gaps and loopholes being exploited by the perpetrators.

    In my experience, we are usually brought in largely when there is a crisis in the company and our support is sought to investigate and course correct the situation. However, in a growing number of cases, management does realise that a proactive approach to have a robust fraud risk assessment will be more effective to save money, time and the huge energy that they are drained off of in a reactive approach. So, I would recommend that risk and fraud management frameworks are of utmost importance. These frameworks also help avoid various disputes and compliance issues that may crop up due to identified procedural shortcomings.

    Founding Konvêrj-Zeûs represents a significant milestone in your career. What inspired you to establish your own consulting firm, and what unique approach does Konvêrj-Zeûs bring to the table?

    Yes, it is. Back in September 2021, I thought that the timing was just right. Things were just starting to recoup post the Covid-19.  After working with various well-known accounting / consulting firms of global repute, I thought it made sense to take the plunge and explore new avenues. As a budding professional, you have always dreamt of having something of your own someday. I think the entrepreneurial bug bites you really hard.

    At Konvêrj-Zeûs, we offer multiple consulting services to corporates, banks, other non-banking entities and law firms, which include Risk Advisory, Forensic Investigation, Dispute Advisory, Financial Advisory and Transformation Advisory Services.

    I think being brought up professionally in some of the large consulting firms does develop a professional approach and attitude that is appreciated by clients globally. So, even though Konvêrj-Zeûs is still in its nascent stages of its journey to expand, the kind of work we do is acknowledged to be at par, if not better, with some of the leading consulting firms around.

    I think the ‘attention to detail’ that we pay on each of our projects helps us give our clients exceptional service experience. At the end of the day, we immensely value the trust that our clients place on us.

    Could you elaborate on the intersection between forensic accounting and economic damages assessment, and how this expertise aids in resolving disputes and providing expert witness testimony and also uncovering financial irregularities and providing expert testimony in legal proceedings?

    Forensic accounting is actually a combination of accounting and investigative techniques used to discover financial crimes and as Forensic accountants; we explain the nature of a financial crime to the courts. Many cases, where we are on-boarded, require us to quantify the damages due to certain breaches, for example, or quantify the losses due to fraud or misrepresentation, or value IPs like Trade Secrets / Brands in cases of IP infringements or data theft and so on. So, the investigation does not end at authoring a report and concluding whether a fraud was committed or not, but also goes ahead and quantifies the losses / damages.

    Likewise, in case of disputes, the Tribunal relies more upon and takes into consideration an expert’s report than that from the parties to a dispute, while they decide and award the damages or lost profits as it is from a neutral standpoint. Once the legal tenability is proven, often the question of ‘How Much’ is core to the Tribunal to decide upon, which is where our quantification helps them.

    So apart from the economic analysis, I think the forensic accounting skill set does play a crucial role in setting right the facts and figures of the case and eventually also limiting the assumptions and extrapolations used in the quantum exercise.

    Similarly, in cases where financial irregularities are concerned, we analyse financial data and identify discrepancies that may indicate fraud or other financial crimes. We work closely with law enforcement agencies, attorneys, and other professionals to investigate financial irregularities and provide evidence to support legal proceedings. For doing the same, we use different techniques, tools and technologies to unearth the financial irregularities.

    Your role as a mediator at the High Court of Bombay indicates your involvement in alternative dispute resolution mechanisms. How do you see the role of mediation evolving in the legal landscape, particularly in complex commercial disputes?

    We all know that mediation can be one of the quickest, cheapest, effective and sustainable methods to resolve disputes. It adds advantages to the case, for being informal and of a flexible nature while maintaining confidentiality.

    While a lot of parties do attempt mediation on the first go, a lot of courts have also resorted to mediation before litigation. Also, for a majority of people, the prospect of going to court is daunting both emotionally and in terms of the financial strain it can pose, and it can mean that proceedings take a considerable time.

    When widely accessible, mediation can be a successful way of keeping cases away from the stress and expense of court. This saves numerous hours of court’s time, which can be useful for cases that are not resolvable through mediation.

    Even in complex commercial disputes, it may sometimes be at the parties’ advantage to use mediation as a channel to resolve the dispute. The complex nature of dispute can be simplified by seeking help of technical experts, while the legal aspect can be taken care through mediation. This not only saves the parties huge amounts of effort and money, but it can also give the parties that critical time to decide and make critical decisions after the resolution that they would have lost in a long-standing dispute.

    Given your wealth of experience in the field, what advice or suggestions would you offer to the upcoming generation of professionals aspiring to make a mark in risk management, forensics, and dispute resolution?

    I genuinely believe that there are numerous avenues where one can practice and expertise apart from the traditional fields of professions of a Chartered Accountant and a Lawyer.

    A dual qualification or skill set is always going to be an added advantage, be it of any specialized profession. So, I would always advise one to be on the lookout for opportunities where one can expand the horizon to add the necessary skill set to one’s profile.

    In my case, internal audit led me to risk and corporate governance, which led me to forensics, which led me to expert report & evidence and currently I also support resolving disputes. So, one has to hold on to the leading strings to explore new avenues of consulting.

    Branching out to this particular niche practice area has worked for me until now. For someone else, it can be a different combination. But one has to explore into various formats and see for themselves what suits them. We often are bound to one particular field observing our mentors or seniors or partners around us, but in my view, one has to take some risks in early years to establish a strong foundation.

    For practicing in forensics and dispute resolution, I would finally advise to be qualified or acquire the requisite skill set where one understands the legal and one technical side of things.

    Get in touch with Keval Sheth-

  • “Invest in meaningful relationships with seniors and colleagues and don’t fall into the rat race of titles and pay cheques”- Ketaki Suklikar, Head of M&A, Mahindra Group

    “Invest in meaningful relationships with seniors and colleagues and don’t fall into the rat race of titles and pay cheques”- Ketaki Suklikar, Head of M&A, Mahindra Group

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

    Can you walk us through your journey from starting as an associate at Wadia Ghandy & Co. to your current role as Head of M&A at Mahindra & Mahindra? What motivated you to specialize in corporate M&A law?

    I would say I was extremely fortunate to have landed up at Wadia Ghandy & Co post law school. WG was the best training ground a fresher could ask for. We were taught everything there is to know about being a thorough professional keeping high ethical and quality standards and integrity in our work. I was given responsibility and freedom to navigate complex matters – with the reassurance that my Partner always had my back. To this day, I count my seniors Djena Sunavala and Ankit Majmudar as my mentors and dear friends- I often reach out to them for guidance. 

    Unlike current times where lawyers “specialise” right off the bat, at WG in those days as a fresher you had to work on all types of matters thrown at you be it conveyancing, corporate, M&A, regulatory work etc. across sectors. This gave me a broad view of all aspects of the law. However, within a few years I realised that I am drawn to transaction work and loved to work on PE and M&A matters. I then began focusing more on PE and Corporate M&A. 

    Having 8 years of rich law firm experience meant that I was well placed to join an organisation as in-house counsel. Acumen was a great stepping stone in my transition to in-house life. At Acumen, I was India GC and was responsible for all legal and regulatory aspects of Acumen’s India operations. 

    Mayfield was an exhilarating journey because VC is a very fast paced, high-energy world where the people you interact with are all extremely driven individuals- operating at a high level of efficiency. The expectations were high and I had to quickly step up to the plate. At Mayfield the sense of ownership and responsibility was further amplified which gave me a huge sense of confidence. 

    Again, the experience I gained at Mayfield was the perfect pre-cursor to my current role at M&M. 

    I firmly believe that in a career spanning 4 decades or more, everything happens at the right time when one is ready for the next challenge/shift. I have a very interesting and demanding role at M&M, one that I enjoy thoroughly, but it has come at the right time in my journey when I am well equipped to handle everything it throws at me. 

    Transitioning from a law firm to in-house counsel at Acumen and later Mayfield must have been significant shifts. How did these experiences shape your perspective on legal practice, especially within the context of venture capital and impact investment funds?

    The shift from advisor to decision maker is certainly a daunting one and one must have confidence in one’s abilities to navigate this shift.

    A firm head on your shoulders and being clear & decisive is needed. Understanding the business, the priorities and commercial levers driving an issue or transaction is key. One cannot be a roadblock – being solution oriented and collaborative is important but at the same time you need to set guard rails and ensure transactions are being done in a way that you are comfortable with as GC. You need to set standards and ensure you get buy-in from the business on your way of doing things.

    I would say these experiences have given me a unique perspective of legal practice, in the sense that I know exactly what the business leaders are, or rather, should be, looking to hear from the in-house legal team and what are the key drivers or critical matters concerning the Board. 

    As General Counsel at Mayfield, you oversaw legal aspects of the firm’s India operations, including deal structuring and governance. Could you share some key insights or challenges you encountered while navigating the legal landscape in the venture capital industry, particularly in India?

    As I mentioned, the venture capital space is fast paced and high energy, which is something I loved about it. 

    In terms of insights, I would say that building relationships across participants in the industry is extremely important and it makes deal making very smooth. When dealing with a sticky issue in a deal, often times, after several all-party calls and negotiations fail to resolve an issue,  a personal phone call to the GC on the other side or the law firm partner on the other side to discuss and come to common ground would solve the matter, because there is a personal connect and the person knows you well enough to know it is not an ego trip and you just want to come to an acceptable middle ground. 

    In any role there will be challenges, otherwise there is no fun. There certainly were challenges at Mayfield, but here I would say having a good working relationship with colleagues is very important to brainstorm, discuss, vent and then handle the challenges. Each challenge gives you immense learning and builds a new muscle which you never knew you had! 

    Joining Mahindra & Mahindra marked a shift to corporate M&A, but on a larger scale. What unique challenges do you face as Head of M&A in such a diverse and multinational conglomerate?

    As you have rightly said, M&M is a diverse and large group. The main challenge for me personally when I moved to M&M was that I was used to working independently and taking calls on my own, given that Mayfield (as typical for VC funds) was a small team. For obvious reasons, at M&M one has to work with many stakeholders from different teams and departments and this requires a shift in working style. 

    Apart from this, the sectors are very different from what I was looking at earlier, however, the principles of an M&A deal do not change drastically – it is just a different lens as a strategic player rather than a financial investor.

    Leading a team of lawyers in the M&A department at Mahindra & Mahindra, what strategies do you employ to ensure efficient deal management and coordination, especially across different sectors within the group?

    I think simple strategies like regular check-ins with the team, creating templates and SoPs for deals, and having the right balance of giving independence but still having some oversight, work very well. Most importantly, I seek feedback from my team and I am learning to be a better manager from them. 

    With your extensive experience across various sectors and roles within the legal field, what do you consider the most crucial skills or qualities for success in corporate law, particularly in M&A and venture capital?

    I would say, the following skills or qualities are crucial to success in M&A/VC (and generally as a corporate lawyer):

    • Understanding the commercial rationale for the transaction.
    • Getting comfortable with numbers and basic principles of corporate finance.
    • Balancing attention to detail with having a 30,000 foot view.
    • Being able to anticipate issues before they crop up and having a Plan B ready!
    • Stakeholder management 
    • Great communication and stellar writing skills

    Finally, drawing from your rich experience, what advice would you offer to fresh law graduates aspiring to pursue a career in corporate law or venture capital? What key lessons have you learned that you believe are essential for their success in the legal industry?

    My advice to fresh law graduates aspiring to pursue a career in corporate law or venture capital is to cut your teeth working at a law firm for the first 5-10 years post law school. Do not “specialise” early and work on diverse matters as much as possible. 

    Read the business newspapers in detail. Know what’s happening around you in the world. Keep abreast of changes in law and regulations. Follow some leaders in the field and see what they are talking about. If you don’t know something, ASK someone. Don’t only google it, but have a conversation about it. 

    Invest in meaningful relationships with seniors and colleagues and don’t fall into the rat race of titles and pay cheques. Your career will be very long – there is plenty of time.

    These are some learnings from my experience, every person will have a different journey and experience, and it is important not to compare your journey with others. 

    Get in touch with Ketaki Suklikar-

  • “There are no shortcuts to success. Your ability to read and analyze will set you apart from others, Always read the provision or judgment independently before considering others opinion” – Amit Shrivastava, Advocate on Record & Managing Partner at Imperial Law Offices

    “There are no shortcuts to success. Your ability to read and analyze will set you apart from others, Always read the provision or judgment independently before considering others opinion” – Amit Shrivastava, Advocate on Record & Managing Partner at Imperial Law Offices

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

    It’s a pleasure to have you with us. Could you share with our readers a bit about your journey, from how you embarked on your career in law to becoming the Managing Partner at Imperial Law Offices? What inspired you to choose law as your career path?

    Thank you Namrata and team Super lawyer for having me here. Well my journey in law started with guidance from my best friend’s father Mr. L.D. Borasi, who was an Additional District Judge then in Madhya Pradesh. He knew me personally and was of the view that I could do really well in law. On his encouragement I did my research on the subject and came to know that the legal profession suits my personality.  Then I took admission in BA LLB (Hons.) course in Devi Ahilya VishwaVidyalaya, Indore (M.P.). I completed my law in 2009 and started my practice in Delhi, things started happening. and here I am 15 years later.

    As a co-founder of Imperial Law Offices, what inspired you to establish your own legal practice, and what unique approach do you bring to the legal profession?

    The idea of embarking upon the entrepreneur journey was always there in the back of mind. However, I was very lucky to have an opportunity to work in the top law firms of the country. It was a very enriching experience working there and was a tough decision to quit the job. The idea of starting Imperial Law Offices germinated after meeting my co-partners who themselves having worked in top law firms of the country were looking to start  a law firm. As a law firm we bring to the table a full service law firm for our clients with partners having more than decade and a half years of experience of representing leading Multinational Companies in the country. The Firm’s global perspective is based on its deep knowledge of the sector/industry and the prevalent practices. The team of professionals understand issues across a broad spectrum of business and legal practices. This fluency allows the Firm to bring the right talent and knowledge to deliver commercially pragmatic advice to our clients. 

    Your extensive experience (as a litigation lawyer) spans across various legal domains, including Insolvency & Bankruptcy, Tax, Real Estate and Arbitration. Among these, do you have a particular area that you find most fulfilling to work in? Could you tell us why?

    These are my core practice areas, it is very difficult to choose between them. However, the best thing I like about being a litigation lawyer is that it always keeps you on the edge and keeps throwing new challenges at you. However long you may have practised there will always be something or the other which you will be dealing with for the first time. As they say, you are always a student of law. Each day you learn new things. So there is never a dull day in litigation. This is what keeps you going. Another thing which is very satisfying is the ability to make an impact on society and help others. 

    Given your extensive experience in taxation and insolvency matters, what advice would you give to young lawyers aspiring to specialize in these areas of law?

    Both these fields, especially taxation, are very dynamic in nature. There are lots of amendments, notifications, circulars and clarifications by the government very frequently on these subjects which govern the interpretation of law. Not to mention the day to day case laws coming in from courts/ tribunals. So one of the key features of practicing in these subjects is to be able to trace out the legal history of the provision you are dealing with to understand the mandate of the legislature. Another very important part of practicing in these areas of law, especially while dealing with international taxation matters is that you will have to deal with various international treaties and international jurisprudence. Apart from the above strong knowledge of constitution law and basic understanding of accounting principles are must. So if you have these basics covered, you can excel in these subjects. 

    For the current generation aspiring to build successful legal careers, what would be your top piece of advice or mantra for achieving professional excellence and fulfilment in the legal field?

    To young lawyers my piece of advice is that one should inculcate the habit of reading. There are no shortcuts to success. Your ability to read and analyse will set you apart from others. Also never make your belief on the basis of the opinion of others without actually reading the provision/ judgement yourself independently. First read the provision/ judgement unbiased by the opinion of the others or common belief, then see what others are saying. This habit will give you a closer understanding of the law and will eventually lead you to success. Also your command over language is a very important factor which will contribute towards success.

    In today’s world where there are lots of branches of law apart from litigation, where you can excel relatively easily. Career in litigation, unlike old times, has become a choice. Clearly life in litigation initially is not very financially gratifying, however if you have the bent for it and are willing to put in the long hours, it can prove to be a very enriching career. 

    You’re an Advocate on Record at the Supreme Court of India. Can you shed some light on the challenges and significance of clearing the Advocate on Record exam, and how it has impacted your legal career?

    The Advocate on Record exam is more of a practical knowledge based exam. If you are regularly practising in the Supreme Court and are well aware of the practices and procedure of the Supreme Court it becomes slightly easier to clear the exam. The next big challenge in this exam is that question papers are very lengthy, so you will have to be very clear and concise in your answers, it is only then you will be able to attempt all the questions. 

    Qualifying the exam really helped me as it gave an added advantage as a litigation lawyer. Clients/ friends from high courts started  approaching me to file matters before the Supreme Court. This increased my client base, which was very important for me professionally as my independent practice is quite new. As a law firm we were able to comfort our clients that we can represent their cases till the Supreme Court. Also one of the good things about practicing as an AOR is that you get to do matters from different fields of law, one day you are arguing a criminal law matter and other day you may be dealing with a tax law matter related to transfer pricing. This type of variety is very rare otherwise. So it has been quite an enriching achievement.

    Your involvement in landmark judgments and complex legal matters is evident from your extensive list of reported judgments. Among these, is there a particular case or judgment that you found particularly challenging or rewarding, and why?

    I will tell you about the most recent ones before the Supreme Court and NCLAT. Last year I was approached to file a very complicated criminal matter wherein parties involved were from two rival political parties. In 2017, during a politically charged environment, there was a skirmish between the two parties during an election campaign involving exchange of gunfire, leading to cross FIRs from both sides. In the FIR against my client, SC/ST Act was falsely invoked, just to jeopardize his contention in elections. We were against dismissal of discharge applications by the courts below, especially qua SC/ST Act. There was a battery of senior advocates from both sides. It was a hard fought case, in which we were able to obtain a positive order from the Supreme Court in December 2023. This resulted in my client successfully contesting election this year. It was a very satisfying win, given the pressure situation and the amount of hard work that was put in by us. 

    The other very satisfying win was before NCLAT wherein we were challenging the NCLT order dismissing our petition seeking CIRP (Corporate Insolvency Resolution Process) against a very influential real estate company, on the ground that our debt is barred by limitation. In holding so NCLT had misinterpreted the definition of acknowledgement of debt and had also missed certain documents on the basis of which we were claiming extension of limitation. I argued the matter myself, the bench was initially not convinced, however, after two days of hearing accepted our arguments. This was a very satisfying win as initially the bench was totally against me and was not holding back in communicating the same to me ☺.

    The most recent one was a anticipatory bail application which I argued before the Hon’ble Supreme Court, though it was a very regular matter, I was pleasantly surprised as Hon’ble Mr. Justice Hrishikesh Roy appreciated me for arguing the matter well in open court. It was a very special moment and a huge encouragement.

    Starting your career in chamber practice before the Delhi High Court and Supreme Court must have been quite a journey. What valuable lessons did you learn during those formative years that still resonate with you today?

    It was indeed a very enriching experience, because in a chamber practice being the only junior, I was expected to help my senior with literally everything, right from conferences with new client, coordinating with them and obtaining the documents, researching law points, drafting the petition, filing the petition, preparing for arguments, attending hearing (if you are lucky and your senior is busy in some other court, arguing the matter or at least starting the arguments till your senior reaches the courtroom ☺). And last but not the least raising invoices and making follow ups for like ever ☺. I was very lucky in my initial days, I got a chance to work with very good advocates who have now become Senior Advocate, Senior Partners at leading law firms of the country. I am still in touch with them and they keep helping me whenever I need them.  

    Whatever I have learned is virtually because of the time I had spent with my seniors and their constant encouragement. However, the most important thing which I have learned from my formative years is the importance of  hard work and preparation. You will always be recognized for your hard work and preparation. Till date this habit helps me. Clients always have an eye on you as to how you are handling the matter. When they see your hard work and commitment, they remain with you even if the matter does not go according to your liking. 

    Thank You.

  • “As digital transformation takes the center stage, the generalist vs specialist debate is taking a definitive turn”- Rai S Mittal, Senior Partner, TITUS & CO., ADVOCATES

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

    You’ve had an impressive journey in the legal field spanning over three decades, with experiences ranging from trial court practice to senior partnership at leading law firms. What initially drew you to pursue a career in law, and how did your early experiences shape your path?

    To tell you what drove me, or what motivated me, to pursue a career in law can be an obvious answer but still it requires a bit of self-reflection. My passion for law and interest in becoming a lawyer came largely from it being intellectually challenging. I was perhaps also passionate about legally connected issues during my school and college days. My father being a lawyer and my interest in watching movies and reading crime fiction also contributed a bit in my desire to become a lawyer. Moreover, to be honest, with little understanding of science and lack of interest in accounting and management professions, I was left with just a few options and law was one of them. 

    I’m normally quite a private person, so my journey as a lawyer wasn’t quite easy. As a ‘baby’ lawyer, I worked across many different areas of law. I was fortunate enough to have some amazing experiences very early in my career on a variety of issues including family laws, labour laws, consumer laws, criminal laws, revenue laws and property matters. While the thrill of being in district courts of my small hometown and learning so much in one go was amazing, it just wasn’t the same as practising in a large city in a professional environment with matters having substantial stakes. I then moved to Delhi and have since then practised all kinds of business and corporate laws across different practice areas. 

    Your expertise encompasses various legal domains, from dispute resolution to intellectual property rights. Could you share a pivotal moment or case in your career that significantly influenced your approach to practicing law or shaped your specialization?

    During the initial years of my law practice, I got an amazing opportunity to work on a complicated matter which required substantial skills in a variety of laws including intellectual property laws, trade and contractual issues, criminal laws, foreign collaboration laws, government policies and tax laws as well as skills in court litigation and arbitration. It is then I realised that complexity requires teamwork and collaboration. In order to manage client matters effectively and efficiently, lawyers have to utilize a more diverse group of skills and people. What is also clear is that teamwork and collaboration require heavy doses of trust and shared responsibility. Furthermore, working on this case and many other interesting assignments of different nature ensured that I enjoy offering a range of diverse skills and an intelligent mix of knowledge from a variety of disciplines. 

    As a seasoned business attorney, you’ve worked extensively with multinational corporations, navigating complex legal landscapes across different industries. Could you elaborate on a particularly challenging situation you encountered and how you successfully resolved it?

    Another challenging work situation I encountered during the initial years of my career was when I was assigned a client project with tight deadlines and high expectations. There were several experienced legal teams working on the assignment for different parties from different jurisdictions including India, UAE, Japan and Mauritius. As someone lacking experience, I somewhat struggled with interactions and communication, which made collaborating with diverse teams a bit challenging. However, I soon recognised the importance of effective teamwork and found ways to navigate this situation. To overcome this difficulty, I proactively communicate my needs and concerns to the client and different teams. I asked for clear guidelines and expectations, ensuring that I had a clear understanding of my role and responsibilities. By focusing on my individual strengths, such as attention to detail and problem-solving abilities, I was able to make valuable contributions to the project. This experience taught me the importance of open communication, seeking support when needed, and the importance of meeting small deadlines to meet the primary deadline. 

    Your track record boasts a high success rate and a remarkable ability to manage legal affairs with a commercial mindset. How do you balance legal intricacies with strategic business objectives to deliver optimal outcomes for your clients?

    We live in a world of strategic compliance – or as I like to call it, “Winning at Business Without Landing in Jail.” Gone are the days when legal compliance was seen merely as a back-office function. Today, it is recognized as a key player in shaping business strategies. This shift is partly driven by the increasing complexity of regulatory landscapes across different jurisdictions, especially for global businesses. The rise of technology, data privacy concerns, and the dynamic nature of international trade laws further complicate this scenario. 

    At its core, strategic compliance is about finding a balance. On one side, there are the business goals – growth, profitability, market expansion, and innovation. On the other, there are legal and regulatory requirements, which can often seem like barriers to these objectives. However, instead of seeing these groups as opposing forces, we should focus on integrating compliance into business strategy, thereby enhancing, not hindering, the pursuit of business. 

    In my view, compliance shouldn’t be seen as the party pooper showing up after the decisions are made; it’s part of the party-planning committee, and we need to ensure that the business goals don’t end up with a noise from the legal department. Ideally, in the world of strategic compliance, it’s all about making the law work for you, not against you.

    Throughout your career, you’ve demonstrated exceptional leadership skills by managing teams of attorneys and fostering a collaborative environment. What strategies have you found most effective in leading legal teams, especially in high-stakes situations?

    Becoming more effective in leading a team is certainly more of an art than a science. Often, it can also mean adapting to the team you have or the circumstances at hand. However, the key is to encourage collaboration across people, teams and departments. It is also important to set an organisation vision and communicate the big picture. 

    What will you say on Client Retention vs. Client Acquisition? Where do you think that most law firms go wrong on this? 

    A law firm’s past and existing clients are a huge asset to the firm, so it’s crucial to maintain a strong relationship with them so that they stay loyal and do not leave the firm. And yet most law firms, in particular small to midsize firms, spend most of their marketing budget on finding new clients instead of nurturing the ones they already have or had not too long ago. It is common knowledge that acquiring a new client can cost 5 to 10 times more than retaining an existing client. In my experience, increasing customer retention by 5% to 10% can increase profits from 25% to 100% in mid term. The success rate of selling your services to a client you already have is 50% or more, while the success rate of selling to a new client is just about 10% in most cases. There are some surveys which have found that loyal clients are 5x as likely to repurchase, 5x as likely to forgive, 4x as likely to refer, and 7x as likely to try your new offering, as compared to a new client/potential client.

    What, in your experience, is necessary for a lawyer to stay relevant in the fast changing legal industry? 

    The legal industry is on the verge of a major transition and it has in fact already changed a lot in the last decade or so, which is driven by the introduction of technology. The legal industry is changing because of the introduction of new innovations related to the industry and hundreds of new legal start-ups emerging every year. Today, machine learning is beginning to transform the legal profession in many ways but in most cases it augments what humans do and frees them up to take higher-level tasks such as advising clients, negotiating deals and appearing in courts. In machine learning, computers use an algorithm, analyze data, learn the pattern and glean insights from the data, so a lot of routine or easy work can be taken care of without much involvement of a senior lawyer. Without a doubt, the ecosystem will continuously affect the way lawyers are working and will work in the future. If lawyers learn legal management practice with the latest technology, then only they will be able to survive in the future. 

    Another very important aspect is that the lawyers have to continuously update their knowledge in order to stay relevant. There was a time when lawyers could do well just by having knowledge of general laws of the land or by having understanding of traditional practice areas, like contract law, torts and civil and criminal procedures. That’s no longer the case in view of special laws and tribunals and specialised practice areas that are coming up very fast. 

    Also, I have a strong feeling that lawyers who don’t add value to the client relationship won’t survive in an ever-competitive environment; they will simply become irrelevant. One should therefore be very efficient in delivering the outcome. So get better at management of client assignments. Give commercially pragmatic advice, not just advice that’s legally correct. Keep in touch with the clients regularly with helpful tips and advice, even if you don’t get paid for this. Pass on the knowledge you are getting about their business or industry. Understand clients’ businesses and the industries in which they operate so you can tell them of pitfalls before they arrive.

    A Generalist or a Specialist: What’s the Best Fit for A Lawyer’s Career?

    Personally I have always been inclined to offer a range of diverse skills and an intelligent mix of knowledge from a variety of disciplines. Hence, I have been a generalist lawyer by choice throughout my career.

    Generally speaking, handling diverse roles provides generalists a good understanding of all the functioning parts of the business or industry. Generalists multitask and collaborate to tap into related domains when opportunities arise. This hones their ability to handle unique situations and formulate enduring perspectives. However, there is a limitation in as much as generalists aren’t sometimes that competent in niche projects. Moreover, there is a higher chance of their early burnout as they work across multiple teams and tackle a host of responsibilities, especially if they are in leadership roles. 

    As digital transformation takes the center stage, the generalist vs specialist debate is taking a definitive turn. One should definitely ask oneself the following questions, amongst others, to gain a comprehensive understanding of one’s needs and goal: Do you like a diverse breadth of knowledge or do you prefer deep research on any specific topic? Do you change your career perspective often and prefer taking time to find the niche you are interested in? Or have you already determined your career trajectory? What kind of work ignites your interests and passions? Does it require you to hone different skills or demand specific subject-matter expertise?

    What are the biggest challenges that the legal sector is facing or will be facing in the short to mid term? 

    From economic pressures to cyber threats, lawyers are facing a number of challenges. The economy remains volatile in 2024, marked by ongoing geopolitical tensions. This is making clients even more price conscious when choosing a law firm. There is also an expectation for greater cybersecurity and verifications for online activity as law firms are wary of increased risks of cyberattacks. Most law firms are however yet to implement effective cyber mitigation strategies. Further, even though integrating legal softwares and systems is not a new challenge, it’s increasingly becoming important as law firms strive for increased profitability while improving client service and experience. Talent attraction and retention in the legal sector will also continue to be a significant challenge in 2024. 

    Get in touch with Rai S Mittal-

  • “I have always wanted to be in a profession that is more society-centric and has good opportunities to meet people from different walks of life.” – Manish Gaurav, Founding Partner at Lexspectrum

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

    Could you take us back to the beginning of your career journey? What inspired you to pursue law, and can you share any pivotal moments or experiences that shaped your decision to enter this field? Additionally, what were some of the challenges you faced when starting out, and how did you overcome them to establish yourself as a prominent figure in the legal profession?

    I have always believed that God has bestowed grace upon me. Importantly, my parents have always encouraged me to make decisions and have provided enough freedom and information to make an important decision that has a long-term impact on my life.

    I have always wanted to be in a profession that is more society-centric and has good opportunities to meet people from different walks of life. In this context, law as a profession was an obvious option for me. I consulted many of my friends/seniors and some reputed lawyers before taking this decision to pursue law. Their encouraging words (along with challenges in the profession that they mentioned) encouraged me to pursue my career in this field.

    Since I am first generation lawyer, there were plenty of difficulties. I was very clueless in my initial days (after completing my law degree) about my next step and other related aspects. But, there is always someone to help me or guide me in such difficult situations. They were either friends/colleagues or strangers (as well). I am thankful to all of them.  

    Lexspectrum is known for its comprehensive legal services. What inspired you and your partner to establish this firm, and what sets it apart from others in the field?

    I have always believed that there is enough space for new law firms in the sector that can be more focused (handholding approach) towards clients. Additionally, having experience of a certain number of years, acted as an asset for me in this endeavour.

    Importantly, I sought feedback from various clients/friends to provide their suggestions regarding setting up a new law firm. In most the cases, I got very positive and encouraging suggestions/responses that helped me make such a decision.

    Your bio mentions you’re recognized as a recommended lawyer for Corporate and Mergers & Acquisitions. What advice would you give to young lawyers aspiring to achieve similar recognition in their careers?

    Well, such recognitions are always welcome. It gives a sense of satisfaction and improves confidence. In my opinion, consistency with quality work is key to success in the field. It is important for a young lawyer to be very consistent with quality work to achieve their professional goal.  

    In your opinion, what can the current generation do to carve out successful careers in law, especially in a field as dynamic as yours?

    The current generation of lawyers should focus (in addition to basics) on the changes which is taking place in the field of law. For example, legal practice in the field of data/AI/the international context of multi-party disputes/PE/VC transactions was not so common a few years ago but now it is very much mainstream practice. Hence, it is imperative that a lawyer should pay adequate attention to the development/changes in the legal field wherein such lawyer is practising.

    Additionally, quality of work and timely response to clients is imperative. I have noticed that these days clients are well informed about the existing legal provision(which affects them) and their expectation from the lawyer is not only to be better informed about applicable legal provisions but also to have good understanding of the case which such a lawyer is handling. Hence, a lawyer should be much more attentive to the case/assignment that they are being entrusted with. 

    Outside of your professional life, do you have any hobbies or interests that you’re passionate about? How do you balance your personal interests with your demanding career?

    Typically, I do not get much time to pursue my hobbies which has changed with time. I love travelling with my family and friends and I try to do the same whenever it is possible. Being with family and friends is always a wonderful experience. 

    With the constantly evolving legal landscape, how do you stay updated with industry trends and changes, and how do you ensure your team at Lexspectrum remains ahead of the curve?

    We, as a firm, have weekly sessions on the legal updates on the matter concerning the current assignments and generally related to the subject matter of practice area. Additionally, we encourage our team members to write articles/updates regularly to get a better understanding of the subject matter. We also encourage our team to participate in relevant conferences to be fully updated.

    There is always an emphasis that we as Lexspectrum should be well aware of the subject matter which we are dealing with. There is also an emphasis on having a good understanding of the sector in which such client is engaged.

    Being recognized as one of the highly recommended lawyers in Mergers & Acquisitions is a remarkable achievement. For students aspiring to excel in this field, what specific skills or knowledge areas would you recommend they focus on during their education and early career to position themselves for success in M&A transactions?

    Typically, I have noticed that law schools have a higher degree of inclination towards litigation than corporate matters. Likewise, law students have better exposure to litigation matters. Hence, it is imperative that law students must participate in all relevant events /seminars (typically organised by Investment banking firms/law firms/CA firms) to get exposure to the subject matter.

    Additionally, various blogs/research paper are being published by law firms that should be referred regularly. Having internships in law firms with maximum exposure to corporate matters will be very helpful. 

    Could you share with us the experience of the first time you stepped into a courtroom to argue a case? What was going through your mind, and how did it shape your approach to advocacy?

    I consider myself lucky in this respect wherein my senior permitted me to argue a matter when I was just 4-5 months into the profession. My senior mentored/guided me well on the said case. However, it was a bit shaking moment for me till I started making submissions to the Hon’ble Court. Once, I started, it became relatively normal for me.

    Courtrooms often witness intriguing moments and unexpected twists. Can you recall any particularly memorable anecdotes or moments from your time practicing law that stand out to you?

    On several occasions wherein the Hon’ble judge and/or opposite counsel has agreed to deviate from the established norms keeping the larger interest of the litigants in mind and the same has served very well in the interest of justice. On one such occasion, a key witness has arrived here in India for a minimal time period. Such a witness was critical to the matter. On our request, the Hon’ble court and opposite counsel agreed to complete all procedural aspects concerning such witness on the same day which is not so common.

    On several occasions, we are informed about certain documents/events on the day of the hearing which is critically important.  Such events on many occasions require us to immediately make suitable changes in our strategy/submission. Due to confidentiality, I will not be able to delve into this any further.

    Get in touch with Manish Gaurav-

  • “M&A transactions provide an opportunity to rearrange and/or review and revise the business strategy to make business more agile, strong, reachable, relevant, risk proof and robust”- Vikramsinh Yadav, Legal Head -Business Partner for Bayer Pharma

    “M&A transactions provide an opportunity to rearrange and/or review and revise the business strategy to make business more agile, strong, reachable, relevant, risk proof and robust”- Vikramsinh Yadav, Legal Head -Business Partner for Bayer Pharma

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

    Can you walk us through your journey from being an Advocate at the High Court of Mumbai to your current role as Legal Head at Bayer? How did your previous experiences shape your path in the legal field?

    In the year 1999 summer I came to Mumbai from my village in Sangli district in Maharashtra, after having not so good results in 12th Science. I graduated in Science from Mumbai University in 2002 and became a law student. There I found my striving and secured a first class in LLB with scholarship in jurisprudence. During my law graduation, I was active in moot court and debate competitions and secured State Level Best Advocate award as well as special appreciation in National level moot court competition. Our team was felicitated at the hands of ex Chief Justice of India Shree Rajendra Babu. With dreamy eyes and strong desire to make my name in the legal fraternity, I joined the legal profession as an Advocate in Bombay High Court in August 2005. My journey began under the guidance of well-known Criminal Lawyer Late Shree Shyamkumar Marwadi and Senior Counsel Shree Ashok Mundargi. I got an opportunity to work in famous as well complicated criminal litigations including chinkara poaching case against Bollywood celebrities, Anticorruption case against well-known encounter specialist, MPSC scam etc. During this stint I also completed my LLM from Mumbai University with flying colours. Additional benefit from the LLM course was to secure hostel accommodation in University Hostels at Church gate.    

    Since my early practice days, I was conscious to be an independent lawyer and not to limit my growth as a small plant under the shadow of a big tree. So I resumed my independent practice as a criminal and civil lawyer in Bombay High Court. I got ample opportunities of conducting complex criminal trials including murder, cheating, rape as well as CBI prosecutions in the Sessions Court of Bombay & sub-urbs (Thane, Kalyan). I feel proud to say that all the trials were successful. 

    I was also acting as a senior law retainer with well-known real estate law firm Kishore Thakordas & Company, which provided me an opportunity to work on complex real estate litigations related to real estate development projects, property succession as well as land encroachment litigations.   

    In 2013-14, I felt an urge to join a law firm to know the legal business with big corporate houses, and I joined PDS & Associates (now Agrud Partners) as a Senior Associate. There I got access to big corporate clients with an opportunity to handle their cases including arbitrations and commercial contractual disputes as well as criminal litigations. In 2016, I got an opportunity to lead the litigation team of a highly reputed banking law firm SNG & Partners. In the same year Insolvency & Bankruptcy Code was notified. So I got engrossed in handling banking as well as insolvency litigations including the matters against Reliance Communications, ABG Shipyard etc. In the meantime, I also became an A-Panel Counsel for the Mumbai Municipal Corporation and Panvel Municipal Corporation in Bombay High Court as well as National Company Law Tribunal. During my illustrious journey in the Bombay High Court. 

    In my 13 years of journey as an Advocate I represented several reputed clients such as Hindustan Unilever Limited, Bunge India Private Limited, Monsanto Limited, Britannia Limited, Bank of America, Standard Chartered Bank, Barclays Bank, HSBC, HDFC, State Bank of India, Angel Broking Company, late Shree Irfan Khan, Essel Entertainment etc.  

    During all these years I developed a curiosity to know & understand the business of big corporate houses from inside. That made me grab an opportunity to join Siemens Ltd as a Senior Legal Counsel in 2018. It was the beginning of my journey as an in-house counsel. It was a huge legal team of around 30 colleagues. All the colleagues in Siemens including my mentors and seniors Brotin Das, Saugata Chakravarty & lastly Hanno Kunkel shaped me as an in-house counsel. They gave me ample scope to act on diverse matters independently including several high stake litigations as well as core issues related to compliance and corporate governance. Every year in Siemens, I was rewarded with performance awards and recognitions.                                               

    During the pandemic when the world was standing still, I received an opportunity to join Bayer Group as a Litigation Head and it was a shift from project-infra business to product centric business. In Bayer I worked on illustrious as well as voluminous litigations. In the last year I became a Legal Head Business Partner for Pharmaceutical, Consumer Health and Radiology Business. 

    As an in house counsel, my experiences during advocacy days were always handy and helpful in providing quick resolutions and facilitating effective decisions. Apart from functional expertise, the diverse experience as an Advocate helps to understand the root cause of the issue referred to and to suggest appropriate mitigating measures within a legally compliant framework. This makes business partnering authentic as well as agile. 

    With your extensive background in handling various types of litigation, could you share with us a particularly challenging legal case you’ve encountered in your career? How did you approach it, and what were the key strategies you employed to achieve a successful outcome?

    There were several such challenging cases I have encountered in my journey as an Advocate and in-house counsel. However, to make it more relevant and recent I would cite a litigation related to Competition law. It was a case that began with a commercial dispute between an aggressive group of licensees who got access to the innovative technology of our Company. In India, as we know, the patent regime is access and benefit centric, having inclination towards the working of technology for the benefit of the people at affordable means. This leads to the clash amongst the generics and innovators. In the field of agriculture, especially GM seeds, it is more complex and highly regulated. 

    So these licensees challenged the innovator’s royalty and technology fees, and approached competition regulating authorities (the then MRTP and now CCI) alleging abuse of dominance, excessive pricing & discrimination referring to the contractual terms. Simultaneously, the commercial dispute went through arbitration where the Company succeeded against the licensees who then appealed against the award. Meanwhile, a challenge was posed against the patentability of technologically modified seeds, confusing the technology in seeds where seeds being carrier of it with seeds being part of a plant. Governmental authorities also joined the licenses in an antitrust complaint. My vigilant predecessors & colleagues did also challenge the jurisdiction of CCI in dealing with commercial contractual disputes over a patented product, since the Competition Act and the Patent Act are complete codes distinct and independent of each other. We worked as a team in the litigation and successfully contested not only the arbitration but also the jurisdictional challenge. Whilst commercial dispute as well as patent validity proceeding got amicably settled with the group of licensees, the CCI proceeding remained. Last year, Delhi High Court passed quite an interesting judgment ousting CCI’s jurisdiction in matters related to the Patents Act.                                        

    We, as a team, worked on this matter firstly to separate the commercial dispute from the clutches of the Competition law and successfully seal the settlement with the licensees. That minimised the aggrieved stakeholders involved in the dispute. As well as it reduced other connected proceedings such as arbitration as well as patent validity. Only proceeding then remaining was with the Competition Commission. Under the expert guidance of the eminent Senior Advocate, Dr. Singhvi, we concentrated on the jurisdictional challenge before Delhi High Court. And, in the last June we were pleasantly surprised with a favourable judgment of Delhi High Court ousting CCI’s jurisdiction over the matters governed under patent laws of India. Of course the judgment has now been challenged in the Hon’ble Supreme Court and is pending sub-judice. When there are complex issues with multiple laws, we need to find out the ways to minimize the complexity by separating and resolving the disputes having potential of being settled amicably. So that we can concentrate on highly complex core issues involving questions of law. That helps in focussing our efforts and resources. 

    Keeping internal stakeholders engaged and informed on several stages of the litigation is also utmost necessary in securing their support and trust. It boosts confidence and strengthens your efforts to successfully implement the strategy.           

    Transitioning from being a Litigation Head to a Legal Head Business Partner at Bayer signifies a shift from a more adversarial role to a collaborative one. What adjustments did you have to make in your approach when moving into this new position?

    Certainly it is a significant shift. As a generic business partner one needs to have a broad as well as detailed picture in mind while formulating a strategy. As a litigation head more focus is on utilizing specialised skill to understand the dispute and mitigate it in a timely manner so that the ends will be favourable. Whereas being Legal Head Business Partner requires to have a generic perspective, which needs to be close to the business, management, compliance as well as other cross functional teams. More collaborative and strategic mindset is essential for effective business partnering. Fortunately, my senior colleagues in the legal team Nabeel Saleem and Devdas Baliga were always keen to involve me in several other challenging topics requiring a generalist mind-set apart from my litigation portfolio. That also is helping me in gelling well with this new responsibility.    

    As the Legal Head at Bayer, you’re tasked with managing corporate advisory functions and leading legal teams across different sectors. How do you ensure legal integrity and compliance while also fostering innovation and growth within the organization?

    As a leading legal business partner for pharmaceuticals, consumer health & radiology business, one needs to be aware of changing legal framework whether pharma Codes, price regulations, incidental compliances, D&C Act and Rules, Clinical Trials and GMP related provisions. As a legal team, we collaboratively work on understanding these changes and identifying its impact and relevance for our business. Then we work on communicating these changes and updates along with simplified implementation strategies with our business and cross functional stakeholders. We do conduct several informative sessions within the legal team as well as business. Ours is democratic function which believes in sharing of ideas and trying to work innovatively. As a legal function, we keep mapping and reviewing our activities and many times empower colleagues in business also to take their decisions on their own. Digitalisation helps us in being agile and efficient in serving business. Our organization works with the mind-set of Dynamic Shared Ownership (DSO) with a key focus on core mission and measured goals with defined outcomes in 90 days cycle.               

    Given your involvement in M&A transactions, what are some key legal considerations that you believe are crucial for ensuring a smooth and successful merger or acquisition?

    M&A transactions provide an opportunity to rearrange and/or review and revise the business strategy to make business more agile, strong, reachable, relevant, risk proof and robust. For smooth & successful merger or acquisition, clarity of purpose is at the core. With a holistic view we should be able to visualise the entire picture of the transaction. Accordingly, we have to map all the necessary activities from due diligence, necessary regulatory intimations and permissions, effect of FDI policies wherever relevant, effect on competition, Tax implications, corporate compliances, people integration etc. All the functions including tax, accounts, finance, communication, regulatory, quality, HR, SCM, marketing led by senior management and legal play a vital role in these transactions. `By nature, these are marathon transactions with long duration having internal, external and governmental stakeholders involved in it. Hence, planning in advance and securing consensus of all the stakeholders at every stage is essential. External as well as internal communication plays a big role in smooth implementation of M&A transactions. 

    Could you share some insights into how you navigate complex legal landscapes and deliver strategic dispute resolutions? What are some essential skills or approaches you rely on in these situations?

    Most of the disputes have inherent potential of pre-litigation amicable resolution. However, it is essential to be in contact with business to identify early signs of any possible dispute. If there are such inputs, as a litigation strategist, we prepare scenario analysis along with mapping of relevant substantive as well as procedural legal provisions and accordingly we guide business with a strategy. Preliminary focus is always on preventing litigation and securing amicable resolution. Eye for details, understanding of business and implication of dispute on it, interpretation of legal provisions and close familiarity with the practical side of the dispute resolution process whether it is the knowledge of courts procedures and practices or connection with external counsels play a vital role in handling dispute resolution. In some disputes such as possible patent or trademark infringement or bank guarantee invocation, we should be agile and aggressive in taking urgent measures to stop possible damage. Whereas in contractual disputes steps to be taken without having any adverse effect on the business, especially in project business.     

    Throughout your career, you’ve worked with notable companies such as Siemens and now Bayer. What do you think sets apart effective legal counsel in the corporate world, particularly in industries like pharmaceuticals and consumer health?

    As I mentioned earlier, understanding of business, becoming familiar with business language, expectations and needs, having connections with cross functional colleagues and access to the external peers in the industry including external counsels makes the legal Counsel effective in the corporate world. Effective communication at each level plays a key role. It requires conscious and consistent efforts. Needless to mention that these are essential qualities apart from the functional knowledge and expertise in respective core laws and legal aspects applicable to respective business.     

    Drawing from your own experiences and the challenges you’ve overcome, what advice would you offer to law graduates who aspire to pursue a career similar to yours?

    I am still in the process of learning and achieving the ultimate expertise in this field, however, I would like to share that law graduates aspiring to pursue such a career should keep their focus on expanding their understanding of laws governing diverse aspects (including substantive and procedural). They should gain real time experience of courts whether original or appellate, civil corporate or criminal to know their own strivings. Accordingly, they can choose the field of their interest and keep sharpening and shaping it consistently. Ability to learn, unlearn and relearn and communicate the same and becoming able to implement it is crucial for any lawyer.      

    Get in touch with Vikramsinh Yadav-