Super Lawyer

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  • “Employee benefit plans have evolved significantly in modern workplaces, particularly within the startup ecosystem”- Aasim Syed, Associate Director, Legal, Pepperfry

    “Employee benefit plans have evolved significantly in modern workplaces, particularly within the startup ecosystem”- Aasim Syed, Associate Director, Legal, Pepperfry

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

    Can you share with us your journey into the field of law, and what motivated you to pursue a career in corporate and investment transactions specifically?

    I am a first-generation lawyer. Despite my brother’s suggestion to follow his path in journalism, I was determined to carve out my own journey. Interestingly, my brother himself is a first-generation journalist.

    During my law studies, I diligently applied for internships at numerous prestigious law firms in the city. Unfortunately, responses were scarce, contrasting sharply with the experiences of friends who secured internships in known law firms and corporations. However, perseverance paid off, and I eventually secured internships in my final year.

    Following my tenure at Agama Law Associates, I moved to LexStart Partners, a Mumbai-based law firm specializing in providing tailored support to startups. Joining as the firm’s first associate, I had the privilege of working directly under the guidance of Anisha Patnaik, the founder. With a clientele predominantly composed of startups, my role encompassed a broad spectrum of responsibilities, including helping them with incorporating their companies, managing day-to-day operations, structuring their employee incentivisation plans and facilitating fundraising. I credit my time at LexStart and the mentorship provided by Anisha for laying the cornerstone of my career in corporate and investment transactions. 

    Then, I joined Economic Laws Practice (ELP), where I worked on more complicated and high value deals. At ELP and then at Stratage Law Partners (Stratage), I learned a lot from my Partner, Shyam Pandya. He showed me how to handle intricate transactions, meet tight deadlines, and build good relationships with everyone involved in the deal, making it easier to close deals smoothly. Shyam not only honed my legal acumen but also taught me the significance of effective collaboration and communication in facilitating seamless deal closures, marking pivotal milestones in my professional growth as a lawyer.

    Your experience spans across various prestigious law firms and companies. How have these different environments shaped your approach to legal practice, especially in the realm of venture capital and private equity?

    Having had the privilege of working in top ranked law firms such as Economic Laws Practice and then moving to fast growing firms like Stratage, alongside experience in leading companies like Pepperfry, I’ve been exposed to diverse environments that have significantly influenced my approach to legal practice, particularly within the realms of venture capital (VC) and private equity (PE).

    At ELP and Stratage, renowned for their expertise in corporate and commercial law, I honed my skills in structuring complex transactions, conducting due diligence, and navigating regulatory frameworks. This exposure instilled in me a meticulous approach to legal analysis and a deep understanding of the complexities involved in VC and PE deals.

    Transitioning to Pepperfry, India’s top marketplace for furniture and home furnishings, provided me with invaluable insights into the operational side of businesses seeking VC and PE funding. Working closely with internal stakeholders, including the business, finance and strategy teams, I gained firsthand experience in identifying growth opportunities, mitigating risks, and aligning legal strategies with broader business objectives.

    These varied experiences have equipped me with a holistic perspective on the VC and PE landscape, enabling me to offer strategic counsel. In essence, my journey through various prestigious law firms and companies has not only enhanced my technical expertise but also filled me with an understanding of the intricacies of venture capital and private equity, enabling me to deliver strategic, commercially astute legal counsel.

    Could you highlight some of the most memorable or challenging transactions you’ve been involved in throughout your career, and what lessons did you learn from them?

    One such deal I remember was representing the promoter of a large company. It was in mid-March, and everyone wanted to finish the deal before March 31. I worked till early morning hours at the client’s office with the partners I was working with. We would get drafts of agreements from the investor’s lawyer late at night, and we would quickly discuss and send back our changes within a few hours. It showed great teamwork, and we managed to close a high value deal in about two weeks. From this experience, I learned the importance of effective communication, quick decision-making, and teamwork in meeting tight deadlines and closing deals successfully in the fast-paced world of investment transactions.

    Another notable deal I worked on was a 100% acquisition deal where we represented all the existing investors who were exiting. It was quite complex because the business was structured through multiple group companies. Moreover, the parties involved were located in different time zones across the globe. From this deal, I learned the importance of thorough understanding of complex business structures, effective coordination across international time zones, and the significance of clear communication in navigating intricate investment transactions.

    As someone who has worked extensively with startups, what unique legal challenges do you often encounter in this space, and how do you address them?

    As someone deeply immersed in the startup ecosystem, some of the unique legal challenges I come across are:

    1. Not obtaining IP registration.

    I have also come across situations where the startup did not procure a trademark registration for their brand name and consequently the competitor applied for a similar trademark which was later granted registration. The startup lost its court battle to protect its brand name and was directed to pay damages to its competitor and also incur huge expenses in rebranding. I advise all founders to obtain registration of their brand name even if it is unique. This will provide you exclusivity over the brand name and also the right to object if someone tries to copy your brand name.

    1. Not having IP registration in the name of the startup.

    IPs such as trademarks and domain names are often registered in the name of the founders or in some cases in the names of the founder’s relatives. Investors want all the assets including the IP to be owned by the company which means that they should be registered in the name of the company and not in the name of any individual. Prior to a fund raise the investor would want the IP to be transferred in the name of the company but transferring the IP could take time, especially if it is a complex IP which can delay the fund raise.

    1. Not having a co founders’ agreement in place.

    First time founders do not realise the importance of a co-founders’ agreement between the startup’s founders. They feel that at the time of fund raising the investor will put in place a shareholders’ agreement then why unnecessarily invest time and money in a co-founders’ agreement. Until a startup has raised funds from an external investor, a co-founders’ agreement provides clarity and sets expectations among startup founders regarding ownership, responsibilities, and decision-making authority. It helps prevent disputes by outlining procedures for resolving conflicts and addressing key scenarios such as founder departures. 

    1. Ignorance of labour laws.

    Early stage startups often tend to ignore labour laws due to lack of knowledge which pose significant risks for startups, leading to legal liabilities, penalties, and reputational damage. For example, in India, failure to comply with provident fund and employee state insurance laws or employment termination laws can result in costly litigation and hefty fines. To overcome this challenge, startups should invest in educating themselves about relevant labour laws, seek guidance from legal experts or consultants specializing in employment law, and implement robust HR policies and procedures to ensure compliance. By prioritizing legal compliance and staying informed about labour regulations, startups can mitigate risks and create a positive work environment conducive to growth and success.

    In your current role as General Counsel at Pepperfry Limited, what are some of the key legal considerations you prioritize to ensure the company’s growth and compliance in a rapidly evolving market?

    As General Counsel at Pepperfry Limited, I prioritize several key legal considerations to ensure the company’s growth and compliance in a rapidly evolving market. Firstly, I focus on maintaining a robust regulatory compliance framework, staying abreast of changing laws and regulations relevant to our industry and geographic locations. Secondly, I prioritize intellectual property protection, safeguarding our brand, products, and innovations through registrations and objections. Thirdly, I emphasize contract management and negotiation, ensuring that our agreements with vendors, partners, and customers are fair, enforceable, and aligned with our business objectives. Lastly, I foster a culture of legal awareness through regular legal updates to key stakeholders. Whenever there is any amendment to an existing law or a new law is being introduced which is applicable to us, the legal team discusses the implications and the impact it would have on the business and steps to be taken to ensure compliance.

    Given your expertise in structuring employee benefit plans, how do you see the role of such plans evolving in the context of modern workplaces, especially within the startup ecosystem?

    Employee benefit plans have evolved significantly in modern workplaces, particularly within the startup ecosystem. In the past, they were primarily used as a way to attract top talent with the promise of potential future wealth. However, today, they play a more integral role in employee compensation packages, serving as a key tool for startups to incentivize and retain employees. These plans now offer more flexibility and transparency, allowing employees to understand their value and potential rewards better. Additionally, startups are increasingly using innovative equity-sharing structures to align employee interests with company growth and success, promoting a stronger sense of ownership and commitment among team members.

    Could you share some insights into the process of representing venture capital firms and private equity investors, particularly in terms of negotiation strategies and mitigating risks?

    Representing venture capital firms and private equity investors involves navigating intricate negotiation processes and mitigating associated risks which predominantly include:

    1. Understanding Objectives.

    It is essential to thoroughly understand the objectives and priorities of both the venture capital firm/private equity investor and the target company. This understanding lays the foundation for crafting negotiation strategies that align with the interests of all concerned parties.

    1. Negotiation Strategies.

    Negotiation strategies often involve striking a balance between maximizing returns for investors and ensuring the target company’s growth prospects are not compromised. This may involve negotiating terms such as valuation, governance rights, protective provisions, and exit mechanisms. Employing collaborative negotiation techniques while also advocating for your client’s interests can lead to mutually beneficial outcomes.

    1. Risk Mitigation. 

    Mitigating risks is paramount in venture capital and private equity transactions. Conducting thorough due diligence to identify and assess potential risks, including legal, financial, tax, technical and operational concerns, is crucial. Negotiating robust representations, warranties, and indemnification provisions can help allocate risks effectively between parties. Additionally, structuring the transaction in a manner that provides sufficient safeguards, such as milestone-based investments or earn-outs, can mitigate risks associated with uncertainty.

    1. Legal Documentation. 

    Crafting comprehensive legal documentation, including investment agreements, shareholder agreements, and governance documents, is vital for delineating rights, obligations, and responsibilities of all parties involved. Ensuring clarity and specificity in these documents can help prevent misunderstandings and disputes down the line.

    1. Relationship Management. 

    Building and maintaining positive relationships with all stakeholders throughout the negotiation process is key. Effective communication, transparency, and professionalism contribute to furthering trust and collaboration, which are essential for successful outcomes.

    1. Adaptability. 

    Flexibility and adaptability are essential qualities when representing venture capital firms and private equity investors. Flexibility in negotiation means being able to change plans if needed during discussions. It helps find solutions that work for everyone involved, even if things do not go as expected. By staying open to different ideas, flexibility can lead to better agreements that satisfy both sides and this will help you close the deal efficiently.

    Lastly, what advice would you offer to law graduates aspiring to specialize in corporate law and investment transactions, based on your own experiences and observations in the field?

    To law graduates aspiring to specialize in corporate law and investment transactions, I would offer the following advice based on my own experiences and observations in the field:

    1. Develop a Strong Foundation.

    Invest time in building a solid foundation in corporate law fundamentals, including contract law, corporate governance and securities laws. A strong understanding of these core principles will serve as a springboard for success.

    1. Gain Practical Experience.

    Seek opportunities to gain practical experience through internships, or entry-level positions at law firms or investment funds. Firsthand experience is invaluable for developing practical skills, understanding client needs, and navigating real-world legal challenges.

    1. Specialize and Stay Informed. 

    Consider specializing in specific areas within corporate law, such as venture capital, private equity, mergers and acquisitions. Stay abreast of industry trends, regulatory developments, and emerging best practices through continuous learning, attending seminars, and participating in professional associations.

    1. Develop Soft Skills.

    Cultivate essential soft skills such as communication, negotiation, and problem-solving, which are crucial for success in corporate law and investment transactions. Effective communication with clients, colleagues, and stakeholders is essential for building trust and fostering productive relationships. Your communication skills should be so clear that at an early stage also your partner should be comfortable letting you speak with the clients directly.

    1. Network Strategically.


    Build a strong professional network within the legal community, including mentors, peers, and industry professionals. Also, connect with the investment bankers and tax experts that work on the investment transactions. Networking not only opens doors to career advancement opportunities but also facilitates mentorship and collaboration on intricate transactions. Over time, cultivating these relationships can lead to a diverse clientele base and enhance professional development within the legal field.

    1. Embrace Challenges. 

    Embracing challenges presents valuable opportunities for personal and professional growth. It is important not to shy away from assignments or projects that push you beyond your comfort zone. Additionally, being adaptable and open to working with individuals across all levels and teams of the organization is crucial. By regarding failures and setbacks as opportunities to learn and grow, you can use them to propel yourself towards achieving your long-term career goals.

    Get in touch with Aasim Syed-

  • “The most rewarding aspect of having my own practice is that I get to pick my clients without having any pressures of meeting revenue targets, and I am able to create flexibility around work timings because I answer to only my clients”- Harini Subramani, Founder at HS Law & Associates

    “The most rewarding aspect of having my own practice is that I get to pick my clients without having any pressures of meeting revenue targets, and I am able to create flexibility around work timings because I answer to only my clients”- Harini Subramani, Founder at HS Law & Associates

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

    Can you share with us your journey from being a financial journalist to becoming a corporate lawyer, and what inspired this transition?

    During my time as a reporter for Mint and the Wall Street Journal, I had to specifically track investment banks and write on mergers and acquisitions. As a primer, one of my sources suggested I read ‘Barbarians at the Gate’; that along with my conversations with bankers and private equity professionals got me hooked into the world of M&As. I was eager to explore the other side. 

    I had initially tried my hand at investment banking but the mundane work of creating spreadsheets and data analysis as an everyday role didn’t much enthuse me. Within a week though, I joined a boutique law firm and pursuing a business law programme at NLSIU parallely seemed natural. The law firm had a highly motivated team and enabled a varied exposure in corporate law – I learnt trademark application processes, commercial contracts drafting including transaction documents and base arbitration. I continued to write for Your Story occasionally. I had the best of both worlds and was learning something new everyday. I decided to stick on and take each day as it came.

    Given your diverse background in journalism, economics, and law, how do you believe it has shaped your approach to practicing law, particularly in M&A and commercial law?

    So my late entry in the legal world has worked to my advantage given my journalism background. While my initial degree was in economics, a lot of my learning of the law, especially around the securities market and SEBI, was from my days as a financial journalist. Aside from reviewing the regulatory sites (like MCA, SEBI and RBI) for latest circulars / amendments on a daily basis, I would routinely follow corporate announcements on the BSE and NSE. Any seasoned reporter would tell you that it’s a goldmine for story leads. When I needed guidance to understand concepts, (luckily) as a journalist I could ask industry seniors to share their knowledge. I was fortunate to be ably guided by some bankers in the equity and debt markets; I’d go armed with a lot of questions for breakfast meetings. All of this helped lay the foundation to understand not just the law but also complexities / challenges of the M&A world. Now, as I sift through the laws, my ground work in economics helps review it from a policy perspective. 

    Could you tell us about a particularly challenging case or project you’ve worked on in your legal career, and how you navigated through it?

    Every project has its own set of challenges. While I wouldn’t want to name a particular case, I’d like to share that since I handle corporate and a few litigation matters, I find a dichotomy with respect to timelines and outcomes. Because litigation has its own procedures, and owing to its sometimes time-consuming nature there’s more thrill in setting expectations for faster closures in M&A or commercial negotiations. I have to consciously set my mind to a different frame for litigation. 

    You’ve been involved in drafting various agreements and advising on regulatory matters. What are some key considerations you always keep in mind when advising clients, especially in the realm of mergers and acquisitions?

    Create an internal priority checklist of terms and flag them off – i.e., understand from the client the aspects that they are absolutely unwilling to let go off vs less important points. Discuss the business angle in the transaction as it goes in tandem. If representing an acquirer, then go the extra mile for a thorough diligence on the target to ensure that at least the key industry specific permissions are in place, and forensics on the promoter are clean.

    Your experience spans from working with Vichar Partners to establishing your own practice. What motivated you to start your own firm, and what have been some of the most rewarding aspects of being an entrepreneur in the legal field?

    After my stint at JSA – given my unconventional background, it was initially challenging for 2 law firms to accurately gauge my skill set because I could be a rainmaker and yet not as seasoned as a partner. It was easier to get clients. And some industry seniors, entrepreneurs themselves, motivated me to begin on my own. My work with one of the senior partners at Vichar (Partners) had already exposed me to the ‘business management’ side and the transparent culture in my team at JSA also helped place many things in perspective. Being a first generation entrepreneur, I had nothing to lose by charting my journey on my own. The objective has always been one of learning. The most rewarding aspect of having my own practice is that I get to pick my clients without having any pressures of meeting revenue targets, and I am able to create flexibility around work timings because I answer to only my clients.  

    As someone who has contributed to agrarian policy and worked on projects funded by organizations like the UN World Food Programme, how do you see the intersection of law and policy-making, particularly in areas like food security?

    For countries that have faced depredations of famine and hunger under colonial rule, food-security is a very sensitive and key matter of policy. Emerging nations have to safeguard and sustain their agrarian ecosystems against OECD nations’ policies at an international level. At the same time they also have to increase yield, shield themselves against crop losses as well as shift populations away from agriculture and into industry. Policy-making is a vital exercise to attain this goal while the law attempts to provide safeguards for all stakeholders during this process.

    With your interests in tennis, dance, and cultures, how do you find these aspects complementing your legal career, if at all?

    Sports and the fine arts play a vital role in expanding one’s horizons and for agility. In my view, having a wide exposure to different aspects of the society exposes me to varied thought processes and perspectives thereby enabling me to become a better lawyer. They are also an easy way to switch off and relax.

    Considering your journey and expertise, what advice would you give to law graduates aspiring to specialize in corporate law, especially in the areas of M&A and commercial law?

    Go full throttle, always try to understand the issue at hand, do your own research (the law changes and nobody knows everything), never work on an empty stomach, and continue pursuing your hobbies. 

    Get in touch with Harini Subramani-

  • “Effective communication with clients and a commitment to upholding justice guide my approach to each case, regardless of its profile and complexity”- Amit Kumar, Advocate at the Supreme Court of India

    “Effective communication with clients and a commitment to upholding justice guide my approach to each case, regardless of its profile and complexity”- Amit Kumar, Advocate at the Supreme Court of India

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

    Can you share with us your journey from studying mathematics to pursuing a career in law? What inspired this transition?

    After studying mathematics, I developed a strong analytical mind-set and problem-solving skills.  However, I realized my passion lies in using these skills to advocate for justice and navigate complex legal issues.  Inspired by the intersection of logic and law, I pursued a career in law to apply my mathematical aptitude to legal challenges, ultimately seeking to make a meaningful impact in society through the legal profession.

    As a criminal defense lawyer, you’ve handled a wide array of cases, including high-profile ones. What drew you specifically to criminal law, and how do you navigate the complexities of such cases?

    From an early stage, I was drawn to criminal law due to its dynamic nature and the opportunity it presents to defend individual’s rights and ensure fair treatment within the legal system.  In navigating complex cases, I rely on thorough research, strategic planning and a deep understanding of both the law and facts.  Effective communication with clients and a commitment to upholding justice guide my approach to each case, regardless of its profile and complexity.

    Founding “The Chambers of Amit Kumar” in 2007 marked a significant milestone in your career. What motivated you to establish your own legal practice, and what were some of the challenges you faced in the early stages?

    Founding ‘The Chambers of Amit Kumar’ in the year 2007 was driven by my vision to provide personalized legal services tailored to clients’ needs.  Motivated by a desire for autonomy and innovation, I sought to create a platform where I could pursue my passion for law while fostering a culture of excellence.  In the early stages, challenges such as building a client base, managing finances, and establishing credibility were prevalent.  However, through perseverance, strategic networking, and a commitment to delivering exceptional results, I overcame these obstacles and steadily grew our practice.

    Could you walk us through how you approach each case uniquely, considering the legal complexities and ethical considerations involved?

    I approach each case uniquely, recognizing that every situation has its own complexities and ethical considerations.  Just as jewellery cannot be crafted with pure gold alone, cases often carry inherent impurities.  I meticulously scrutinize these imperfections, strategically leveraging them to build a compelling defence.  By identifying and addressing these nuances, I aim to achieve favourable outcomes for my clients while upholding ethical standards.

    With extensive experience representing clients in various courts, including the Supreme Court and the Delhi High Court, how do you ensure effective representation while upholding the principles of justice and fairness?

    In representing clients across different courts, my focus remains steadfast on effective advocacy while upholding the principles of justice and fairness.  This involves thorough preparation, detailed discussions with clients, and adherence to ethical standards.  I prioritize understanding the nuances of each case and presenting compelling arguments based on law and evidence.  By maintaining integrity, respect for due process, and a commitment to equity, I strive to ensure effective representation that upholds the highest standards of justice.

    Advocating for causes such as the petition relating to marital rape demonstrates your commitment to social justice issues. What role do you believe lawyers play in advocating for societal change, particularly in addressing sensitive issues like gender-based violence?

    Lawyers play a crucial role in advocating for societal change, particularly in addressing sensitive issues like gender-based violence.  Similar to doctors, lawyers are often at the forefront of observing societal trends and have the opportunity to raise awareness about important social issues through their daily practice.  With this responsibility towards society, lawyers can leverage their expertise to challenge unjust systems, advocate for policy reforms, and provide support for victims of gender-based violence, ultimately contributing to a more just and equitable society.

    Handling cases involving fraud and corruption, such as the JBT recruitment scam and housing society scam, requires a deep understanding of legal intricacies. How do you navigate through the legal complexities of such cases while ensuring transparency and accountability?

    In navigating cases involving fraud and corruption, I prioritize a meticulous approach that combines through legal analysis with a commitment to transparency and accountability.  This involves conducting extensive investigations, research work, collaborating with experts, and presenting compelling evidence in court.  By upholding the principles of due process and ensuring transparency in all legal proceedings, I aim to pursue justice for my client.

    As someone with a significant breadth of experience in the legal field, what advice would you offer to aspiring law graduates who are just starting their careers, especially those interested in criminal law and social justice advocacy?

    My advice to aspiring law graduates interested in criminal law and social justice advocacy is to stay committed to continuous learning, develop strong analytical skills, and cultivate empathy for your clients and their communities.  Seek out diverse experiences, such as internships, pro bono work, and mentorship opportunities, to gain practical insights and build a robust professional network.  Never compromise with the ethical standards.

    Get n touch with Amit Kumar-

  • “Thorough review and scrutiny of legal documents can help mitigate risks and prevent costly legal disputes or litigation down the line”-Siddhanth Pandey, Sr. Manager Legal-Adani Connex Pvt. Ltd

    “Thorough review and scrutiny of legal documents can help mitigate risks and prevent costly legal disputes or litigation down the line”-Siddhanth Pandey, Sr. Manager Legal-Adani Connex Pvt. Ltd

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

    Can you share with us how your journey led you to pursue a career in law, especially with your diverse experience spanning industries like projects, infrastructure, oil and gas, and pharmaceuticals?

    First of all, I would like to thank you for providing me this opportunity to share my journey. What needs to be understood is that while the journey to pursuing a career in law may vary for each individual, having diverse experience across industries can provide valuable insights and perspectives that enrich one’s legal practice and contribute to professional growth and success. Initially I wanted to pursue a career in Journalism but while exploring options after class 12th my father floated this idea of pursuing law and rest as they are history. While working in projects, infrastructure, oil and gas, and pharmaceuticals, I had encountered various legal issues and regulations. Through my experiences, I discovered a genuine interest in legal matters. I more often than not found myself drawn to the complexities of contracts, regulatory frameworks, intellectual property rights, or dispute resolution processes.

    With over nine years of experience, you’ve worked in various capacities across different organizations. How have these experiences shaped your approach to problem-solving and finding innovative legal solutions?

    My diverse experiences across different organizations have shaped my approach to problem-solving and finding innovative legal solutions by fostering adaptability, providing a holistic perspective, encouraging interdisciplinary insights, promoting creative thinking, and emphasizing continuous learning and improvement. These experiences equip professionals with the skills, knowledge, and mindset necessary to navigate complex legal challenges and drive positive outcomes in diverse contexts. Key things that I learnt are Adaptability, Holistic Perspective, Interdisciplinary Insights, Creative Problem-Solving, Continuous Learning and Improvement.

    As someone with experience in drafting and vetting a wide range of commercial agreements, could you highlight the importance of attention to detail in legal writing and review processes?

    Attention to detail is paramount in legal writing and review processes for several reasons:

    Accuracy: Legal documents often contain complex language and technical terms. Attention to detail ensures that the content is accurate and free from errors, including typographical, grammatical, or factual inaccuracies. Precision in language helps to convey the intended meaning clearly and reduces the risk of misinterpretation or ambiguity.

    Legal Compliance: Legal documents must comply with applicable laws, regulations, and contractual obligations. Attention to detail ensures that all relevant legal requirements are met, including citing relevant statutes, regulations, case law, and contractual provisions accurately. Failure to comply with legal requirements can have serious consequences, including legal disputes, financial liabilities, and reputational damage.

    Clarity and Coherence: Effective legal writing requires clarity and coherence in conveying complex legal concepts and arguments. Attention to detail helps to ensure that the document is well-organized, logically structured, and easy to understand. Clear and concise writing enhances readability and comprehension, enabling the intended audience to grasp the key points and legal implications effectively.

    Risk Mitigation: Inaccuracies or inconsistencies in legal documents can create legal risks and liabilities for the parties involved. Attention to detail helps to identify potential risks, ambiguities, or unintended consequences early in the drafting and review process. Thorough review and scrutiny of legal documents can help mitigate risks and prevent costly legal disputes or litigation down the line.

    Professionalism and Credibility: Attention to detail reflects professionalism and attention to quality in legal practice. Meticulousness in drafting and reviewing documents demonstrates a commitment to excellence and instills confidence in clients, colleagues, and stakeholders. Attention to detail enhances the credibility of legal professionals and reinforces trust in their expertise and judgment.

    Ethical Considerations: Legal professionals have ethical obligations to provide competent and diligent representation to their clients. Attention to detail is essential to fulfilling these ethical duties by ensuring that legal documents are prepared and reviewed with the utmost care and diligence. Ethical lapses, including negligent drafting or review, can undermine the integrity of the legal profession and erode public trust.

    In summary, attention to detail is a foundational aspect of legal writing and review processes. It promotes accuracy, legal compliance, clarity, risk mitigation, professionalism, and ethical practice in legal representation. By prioritizing attention to detail, legal professionals can enhance the quality, effectiveness, and integrity of their work product, ultimately serving the best interests of their clients and upholding the principles of justice and fairness in the legal system.

    Your expertise extends to intellectual property rights, including trademark registrations and copyright infringement claims. What advice would you give to businesses looking to protect their intellectual property effectively?

    As a lawyer, here is some advice I would offer to businesses looking to protect their intellectual property effectively:

    Identify and Understand Your Intellectual Property: Begin by identifying all forms of intellectual property (IP) your business owns or creates, including patents, trademarks, copyrights, and trade secrets. Understand the scope, value, and importance of each type of IP to your business operations and competitive advantage.

    Develop an IP Protection Strategy: Create a comprehensive IP protection strategy tailored to your business goals, industry dynamics, and market conditions. Determine which forms of IP protection are most relevant and valuable to your business, and allocate resources accordingly. Consider factors such as the nature of your innovations, competitive landscape, and potential risks of infringement or misappropriation.

    Secure Legal Protection: Obtain proper legal protection for your intellectual property assets through patents, trademarks, copyrights, and trade secret protection. Work with experienced intellectual property attorneys to assess the eligibility of your innovations for patent protection, register trademarks and copyrights for brand assets and creative works, and implement confidentiality measures to safeguard trade secrets.

    Enforce Your IP Rights: Implement proactive monitoring and enforcement measures to detect and address potential infringements or unauthorized use of your intellectual property. Regularly monitor market activities, competitor behaviour, online platforms, and industry publications to identify instances of infringement or misuse. Take prompt and decisive action to enforce your IP rights through cease-and-desist letters, negotiation, mediation, or legal proceedings when necessary.

    Educate and Train Employees: Educate employees about the importance of intellectual property protection and their role in safeguarding IP assets. Implement policies, procedures, and training programs to raise awareness about IP rights, confidentiality obligations, and best practices for handling sensitive information. Foster a culture of respect for intellectual property and encourage employees to report any suspected infringements or security breaches promptly.

    Protect Your Brand: Your brand is one of your most valuable assets, so it’s essential to protect it effectively. Register trademarks for your brand name, logo, slogans, and other distinctive elements to prevent others from using similar marks that could cause confusion among consumers. Monitor the marketplace for potential trademark infringements and take appropriate legal action to defend your brand’s integrity and reputation.

    Document and Maintain Records: Keep detailed records of your intellectual property assets, including registration certificates, licensing agreements, assignment documents, and enforcement efforts. 

    Stay Informed and Adapt: Stay informed about changes in intellectual property laws, regulations, and industry trends that may impact your business. Stay abreast of emerging technologies, market developments, and competitive threats that could affect your IP strategy. Continuously evaluate and adapt your IP protection strategy to address evolving business needs, market conditions, and legal requirements.

    By following these guidelines and investing in effective intellectual property protection strategies, businesses can safeguard their valuable innovations, brand assets, and competitive advantages, mitigate risks of infringement or misappropriation, and maintain a strong position in the marketplace.

    In your role at Cyril Amarchand Mangaldas, you were involved in drafting agreements related to renewable energy generation and handling environmental inquiries. How do you balance legal requirements with environmental sustainability concerns in such projects?

    By adopting a holistic and proactive approach that integrates legal requirements with environmental sustainability concerns, renewable energy projects can achieve positive environmental outcomes, contribute to climate mitigation and adaptation efforts, and foster long-term social, economic, and environmental benefits for communities and ecosystems alike.

    Balancing involves: Compliance with Environmental Regulations, Adoption of Best Practices and Standards, integration of Environmental Considerations into Project Planning, Engagement with Stakeholders and Communities, Embrace Renewable Energy Technologies and Innovations, Monitor, Evaluate, and Adapt.

    Lastly, drawing from your extensive experience, what advice would you offer to fresh law graduates aspiring to excel in the legal field, especially in terms of developing their problem-solving skills and navigating diverse industries?

    Continuous Learning and Growth: The legal profession is dynamic and constantly evolving, so commit yourself to lifelong learning and professional development. Stay updated on changes in laws, regulations, and industry trends relevant to your practice areas. Engage in continuing legal education (CLE) programs, attend seminars, workshops, and conferences, and seek mentorship from experienced practitioners to broaden your knowledge and expertise.

    Develop Strong Analytical Skills, Enhance Communication Skills, Embrace Interdisciplinary Perspectives, 

    Seek Diverse Experiences: Be open to exploring diverse practice areas, industries, and professional opportunities to gain valuable experience and expand your skill set. Consider internships, clerkships, externships, and volunteer opportunities in law firms, government agencies, corporations, non-profit organizations, and international institutions to gain exposure to different legal environments and practice settings. Seek out mentors and role models who can provide guidance, support, and insights into various career paths and practice areas.

    Cultivate Adaptability and Resilience: The legal profession can be demanding and unpredictable, so cultivate adaptability and resilience to navigate challenges and setbacks effectively. Embrace change, uncertainty, and ambiguity as opportunities for growth and learning. Develop the ability to think on your feet, adapt to new situations, and bounce back from setbacks with resilience and determination.

    Maintain Integrity and Professionalism: Uphold the highest standards of integrity, ethics, and professionalism in your legal practice. Act with honesty, integrity, and transparency in all your professional dealings. Respect confidentiality, avoid conflicts of interest, and prioritize your clients’ best interests above all else. Build trust and credibility with clients, colleagues, and the broader legal community through your ethical conduct and professionalism.

    Get in touch with Siddhanth Pandey-

  • “The realm of sports law encompasses a spectrum of legal facets, including trademarks, sex discrimination, tax issues, criminal matters, player selection, employment issues, marketing strategies, doping disputes, and various other aspects relating to sports governance and athletes’ rights”- Prof Dr Amaresh Kumar, Advocate Supreme Court of India and Sports Lawyer & Arbitrator

    “The realm of sports law encompasses a spectrum of legal facets, including trademarks, sex discrimination, tax issues, criminal matters, player selection, employment issues, marketing strategies, doping disputes, and various other aspects relating to sports governance and athletes’ rights”- Prof Dr Amaresh Kumar, Advocate Supreme Court of India and Sports Lawyer & Arbitrator

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

    Sir, could you please share with us the journey that led you to pursue a career in law, particularly focusing on your transition from academia and Sports Management to becoming an Advocate in the Supreme Court of India ?

    My journey toward a career in law, particularly my transition from academia and sports management to becoming an advocate in the Supreme Court of India, is rooted in a pursuit of justice and a refusal to succumb to bureaucratic injustices. The pivotal force behind this shift was my late wife, Smt. Mrinal Amaresh. She began her career as an Advocate in the High Court of Madhya Pradesh, Gwalior, and eventually became a leading female advocate in Gwalior. She encouraged me to challenge the discriminatory practices I faced in academia.

    Having completed my Masters at the Lakshmibai National Institute of Physical Education (LNIPE), Gwalior, I joined as a Research Assistant in 1984. Despite sincere dedication, I faced neglect in promotions due to the lack of political connections. Frustrated by the injustice, my wife suggested pursuing a law course to challenge the system. We sought advice from legal stalwarts, including Shri R.C. Lahoty and Shri Arun Mishra, who advised me to focus on the principle of “equal pay for equal work.

    In 1988, Shri Arun Mishra filed a writ petition on my behalf, challenging the unjust selection process. The High Court of Madhya Pradesh, in 1990, ruled in my favor, directing my appointment as a Lecturer from December 1, 1987. However, the government, instead of complying, terminated my services, leading to further legal battles. Shri R.K. Jain defended me in the Supreme Court, where the SLP filed by the authorities was eventually dismissed.

    In 1998, the Central Administrative Tribunal directed LNIPE and Sports Authority of India to consider my appointment as a Lecturer without open competition. Despite this, the authorities attempted to evade the order, leading to contempt petitions. Shri R.K. Jain’s guidance was crucial during these legal battles, culminating in my reinstatement in July 1999 with all consequential benefits.

    Following my reinstatement, I assumed dual responsibilities at LNIPE, showcasing my proficiency in both sports sciences and law. The then Cabinet Minister, Sadhvi Uma Bharti, entrusted me with the task of reviewing and negotiating settlement for numerous cases against LNIPE. I successfully settled over 91 cases out of court, demonstrating the effectiveness of alternative dispute resolution.

    Throughout this journey, my mentors, including my late wife, Shri Arun Kumar Mishra, and Shri R.K. Jain played pivotal roles in guiding and motivating me. Their mentorship and support were instrumental in shaping my career trajectory from academia and sports management to advocacy in the Supreme Court of India.

    You’ve had a diverse range of experiences, from serving as an academician in Sports Management to practicing law. How have these different roles influenced your approach to legal consultancy, especially in the realms of Sports Law and Academic Institutions?

    Over the course of my career, I have had the privilege of engaging in a diverse array of roles, ranging from academia in Sports Management to actively practicing law. This multifaceted journey has significantly shaped my approach to legal consultancy, particularly within the dynamic intersections of Sports Law and Academic Institutions.

    As a sports enthusiast and a legal scholar, my passion for researching sports laws has been a driving force, especially in my capacity to handle legal matters for various institutes, sports players, and governing authorities. Initially, my understanding of sports law was limited to the regulations directly influencing the gameplay. However, a pivotal moment in my exploration was the realization, through interaction with experts such as those at the International Sports Law Centers of the TMC Asser International Law Institute in The Hague, that sports laws extend far beyond mere rules of play.

    I attended the 2nd Workshop of the Court of Arbitration for Sports organised jointly by FIFA and the Swiss Bar Association in Lausanne, Switzerland. There, I found two hundred and ten Sports Lawyers from around the world. They all were either players or Olympians turned to Sports Lawyers. Similarly, while attending the 16th World Congress of Sports Law at Seoul, South Korea, there were 25 Chinese Sports Lawyers in attendance. To my surprise, all of them were former sports players and Sports Teachers in Colleges, Universities and Schools and then turned to Sports Law. With Physical Education and Sports qualifications for high level Sports Participation, like Olympic or International Sports, you can experience the requirement of Sports Persons and Sports disputes.

    Broadly speaking, the realm of sports law encompasses a spectrum of legal facets, including trademarks, sex discrimination, tax issues, criminal matters, player selection, employment issues, marketing strategies, doping disputes, and various other aspects relating to sports governance and athletes’ rights. The breadth of topics spans contracts related to sports events, player associations, and clubs, intellectual property rights, broadcasting rights, tort laws, and the expeditious resolution of sports disputes—a critical consideration given the relatively short peak performance span of players and athletes.

    In the context of India, where I have primarily operated, it’s noteworthy that most sports-related disputes find their way to traditional courts, resulting in prolonged resolution times. This protracted legal process can inadvertently diminish the essence and spirit of sports, a concern that underscores the importance of seeking quicker and more efficient methods of dispute resolution within the realm of sports law.

    Could you tell us about a significant case or project you’ve worked on that stands out to you the most in your career, whether it’s in the field of Constitutional law, Sports Disputes, or Educational Consultancy ?

    Undoubtedly, the Madhya Pradesh Triathlon Association case marked a watershed moment in my legal career, showcasing my proficiency in navigating complex legal landscapes. The Supreme Court’s directive, emphasizing structured dispute resolution mechanisms within sports federations, not only underscored my involvement in high-stakes cases but also highlighted my commitment to upholding the integrity of sports governance.

    Similarly, my contribution to the intervention application in the matter involving Kalyan Chaubey showcased my dedication to ensuring fair play and transparency in sporting organizations. By advocating for the lifting of the stay on the All India Football Federation’s elections, the court’s decision set a precedent for restoring democratic processes within sports bodies after an extended hiatus.

    In the realm of legal innovation, I played a key role in shaping the Code for Sports Arbitration for the Indian Olympic Association in 2012. Responding to a call from Dr. Randhir Singh, the Secretary-General at the time, this initiative demonstrated my forward-thinking approach to address challenges within the National Olympic Movement. The subsequent adoption of the code in 2018 reflected not only legal acumen but also a commitment to international standards of sports governance.

    These experiences collectively underscore my versatility and effectiveness in handling diverse legal challenges within the dynamic field of sports law.

    These are just a fraction of the broader spectrum of legal complexities I’ve encountered and successfully managed in the field of sports law and constitutional matters. My diverse portfolio includes cases for Universities, student unions and teachers handling a myriad of cases, each presenting unique nuances and demanding a tailored legal approach. This breadth of experience has not only honed my legal skills but has also equipped me with a comprehensive understanding of the intricacies inherent in sports-related disputes.

    Your involvement with various International Sports Law Organizations and Institutions is quite impressive. How have these Global Experiences shaped your perspective on Sports Law, especially in the context of Indian Regulations and Practices ?

    Absolutely, my engagement with various International Sports Law Organizations has been a transformative journey that significantly impacted my understanding of Sports Law, particularly in the context of Indian regulations and practices. One pivotal opportunity arose in 2010 when Dr. Randhir Singh, the Secretary of the Indian Olympic Association, entrusted me to represent the association at the 2nd Workshop on “CAS Jurisprudence and New Developments in International Sports Law” organized by the Court of Arbitration (CAS) and the Swiss Bar Association in collaboration with FIFA in Lausanne, Switzerland.

    Attending this workshop was an eye-opener as I interacted with 223 advocates, including eminent sports personalities and graduates in Sports Sciences or Physical Education from Member National Olympic Committees. Exploring the library of the International Olympic Committee, I discovered that the Statutes of the Court of Arbitration for Sports (CAS) were ratified by the International Olympic Committee in India in 1983. 

    As a legal advisor to numerous Educational Institutions and Sports Organizations, what are some common challenges you’ve encountered, and how do you navigate them effectively ?

    Challenges and negativity serve as the roadmap to success in life. We must transform these challenges and negative experiences into opportunities. As the challenges during the coronavirus pandemic have taught the human beings a lot. Due to the challenges faced during the coronavirus pandemic, the judiciary has developed a new mode of filing cases, arguing the matters, and judgments being uploaded online meaning thereby there has been a complete digitization of the Judiciary. I was persuaded for a long time when I had an opportunity to visit the International Court of Justice at the Hague in the year 2010. But this has now become practical after 2020. 

    Similarly, the challenges and negativity in my life, both as an individual and as the legal advisor of numerous educational institutions, have been encountered and effectively shaped. Especially noteworthy is the constant advocacy for the cause of the national language Hindi in my alma mater by way of Legal Activist through a PIL before the Madhya Pradesh High Court referred to as, “AIR 1997 MP:43 Dr. Amaresh Kumar Vs. Lakshmibai National College of Physical Education” now is being advocated by the Prime Minister of India Shri Narendra Modi and Chief Justice of India Shri D.Y. Chandrachud in their Speeches and Practice in various High Courts and Supreme Court of India. Whereas, on 29th October, 2018, I was invited to present my advice and suggestions related to, “Strengthening the Justice Delivery Process before the Department Related Standing Committee on Personnel, Public Grievances, Law and Justice” headed by Shri Bhupendra Yadav, M.P. Rajya Sabha comprised of 31 Members of Parliament of both the houses, where I have suggested followings :

    (i). I suggested that all hearings should be video recorded, a practice that has been initiated due to the coronavirus pandemic. The Hon’ble Chief Justice of India is now giving more weightage to the digitization of the court. 

    (ii). I suggested the selection and promotion of Judges after the Training of Judges/Judicial Officers – which has been started for the Judges as well as for the Advocates

    (iii). The language of courts shall be allowed to file, plead, and argue in their National Language Hindi. – This has been supported by the Prime Minister of Bharat, Shri Narendra Modi during the Conferences of the Chief Justices of the High Courts and Chief Ministers of the States and also during the Dimond Jubilee celebration of the Supreme Court. The Chief Justice Hon’ble Mr. Justice D.Y. Chandrachud has also bated the need to teach Law in Hindi. Speaking at Prayagraj, UP, after inaugurating the maiden academic session of Dr Rajendra Prasad National Law University (RPNLU), Prayagraj, UP, the CJI said, “I appeal to the authorities of the National Law University here at Prayagraj to ensure that the medium of instruction takes place in Hindi, so that the best students from Uttar Pradesh will become the best lawyers that will practice in the high court. I am therefore of firm belief that as in other countries like Russia, Germany and France etc. language of the Courts is of their National Language. In the Amrit Kal of the Swatantra Bharat the Language of the Indian Courts and especially the Supreme Court will be of our National Language. Because nowadays translator machines can be used by Judges who do not understand Hindi in their regional languages. 

    (iv). I suggested that there are no relevancies of the so many Tribunals in the Judiciary systems without there being the Judicial Members. – The Supreme Court of India comprising of the Hon’ble Mr. Justice Surya Kant, Hon’ble Mr. Justice Dipankar Datta and Hon’ble Mr. Justice K.V.Viswathan had advocated for the presence of Judiciary Members in the Tribunals and the Government is also trying to cut short the numbers of the Tribunals. 

    (v). I also suggested the development of ICT support for filing of Petition/Plaint, Summon or issue of Notices to other Parties, Recording of Evidence and Arguments during the Arguments for easy and quick access to the Justice System by the Clients. – The Government and the Chief Justice of India are also of the same view now. 

    (vi). Strengthening Legal AID system and Promoting Alternate Dispute Redressal Mechanism – The Hon’ble Chief Justice of India, the Judges of the various High Courts of India are nowadays putting more stress on the ADR System. Even the Government of India has enacted the Mediation Act, 2023, for advocating the ADR for the Resolution of Disputes. The same will also be encouraged by the AMAMRI Lawyers LL.P. for evolving the ADR in the Resolution of the Sports Related Disputes in Bharat. Which can be availed by Athletes, Sports Persons, Sports Organizations, National Sports Federations, State Olympic Associations, Indian Olympic Association and Sports Business Organizations. 

    You’ve authored several books and publications on Sports Law and related subjects. Could you highlight some key insights or principles that you believe are crucial for understanding the intersection of the law of Sports ?

    Throughout the process of crafting authoritative works on Sports Law and related subjects, my overarching goal was to disseminate a profound understanding of the multifaceted legal landscape to a diverse spectrum of stakeholders. This includes athletes, sports entities, such as sports organizations, national sports federations, state Olympic associations, the Indian Olympic Association, and businesses operating within the sports industry. These publications intricately explore a myriad of legal dimensions governing sports within the Indian context, providing a comprehensive overview encompassing the management and organization of sporting events.

    One of the primary focuses has been to enlighten athletes and sports organizations about the inherent challenges posed by doping and to instill a vigilant approach against the use of prohibited substances. The works also serve a crucial role in educating individuals on the intricacies of contesting doping charges, particularly those initiated by the National Anti-Doping Agency (NADA). It is noteworthy that these publications address the perceived gaps in NADA’s efforts to adequately inform Indian athletes about the potential legal ramifications associated with doping charges.

    In essence, the books aim to act as a beacon of knowledge, empowering individuals within the sports community to navigate the complex legal landscape effectively. By offering comprehensive insights into the legal intricacies of sports, these publications stand as valuable resources for those seeking a nuanced understanding of the legal dimensions governing the dynamic and evolving field of sports law.

    Throughout your extensive career, you’ve actively engaged in social-legal activism, championing causes like advocating for the use of Hindi in examinations and promoting the establishment of Sports Dispute Arbitration Tribunals. How do you manage to strike a balance between your professional legal work and these broader societal initiatives?

    I perceive myself more as a nationalist than merely a professional advocate. I’ve always believed in the importance of contributing to broader societal issues alongside my professional legal work. Advocating for the use of Hindi in examinations and promoting the establishment of Sports Dispute Arbitration Tribunals are causes that align with my values and passion for social-legal activism.

    To strike a balance between my professional legal work and these societal initiatives, I prioritize effective time management and organizational skills. I allocate specific time slots in my schedule dedicated to these causes, ensuring that my professional commitments are not compromised. Having an organization AMAMRI LAWYERS with like-minded peoples helps me to pursue my desires of social activism allowing for a more efficient and impactful approach.

    Furthermore, I integrate aspects of social-legal activism into my professional work wherever possible. This synergy not only allows me to address societal issues but also enhances the relevance and effectiveness of my legal contributions.

    In summary, balancing professional legal work and social-legal activism requires meticulous planning, collaboration, and a strategic integration of these two aspects to create a harmonious and impactful approach.

    As someone who has transitioned between Academia, legal practice and Advocacy, What advice would you offer to law graduates who are just starting their careers, particularly those interested in specializing in Sports Law or pursuing similar interdisciplinary paths?  

    The young advocates aspiring to specialize in Sports Law are embarking on a promising journey within the legal field. Throughout human history, sports have been an integral part of our lives, evolving from personal entertainment to a global industry valued at over $486.61 billion USD in 2022. Projections indicate further growth, with expectations reaching $512.14 billion USD by the end of 2023 and $623.63 billion USD by 2027. The sports industry, one of the largest revenue-generating sectors globally, is poised for even more rapid expansion, fueled by the Internet and other media forms. In India, the sports industry witnessed a remarkable 49% growth in 2022, totaling Rs 14,209 crore, with sponsorships increasing by an impressive 105% to reach Rs 5,907 crore, according to the Financial Express Report. With the industry’s pervasive global presence and worth billions of dollars, it naturally gives rise to disputes, leading to the establishment and evolution of sports law as an independent discipline. My advice to law graduates is to embrace this dynamic field, recognizing the immense opportunities it presents and positioning themselves strategically to contribute effectively to the resolution of legal challenges in the ever-expanding realm of Sports Law.

  • “Coordinating with external counsel, ensuring timely communication, and maintaining consistency in legal strategies are crucial aspects that require careful attention”- Saswata Banerjee, Chief Manager Legal and Compliance at Bajaj Allianz Life Insurance Co. Ltd.

    “Coordinating with external counsel, ensuring timely communication, and maintaining consistency in legal strategies are crucial aspects that require careful attention”- Saswata Banerjee, Chief Manager Legal and Compliance at Bajaj Allianz Life Insurance Co. Ltd.

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

    Can you share more about the pivotal moment when you decided to shift from your initial aspirations in Economics towards pursuing a career in law? What influenced this decision the most?

    Being a first generation lawyer from my family I had no idea about the field of law. So back in 2004 after my plus 2 exam completion during the break time I came across a friend who was  appearing for law entrance exam for Calcutta University and NUJS as at that time there was no CLAT. While talking with him on a regular basis I got a glimpse of the legal world and got really interested in the field of law and was intrigued by the court proceedings. I decided to appear for the entrance exam with a short preparation and got selected. By God’s will started the journey into the field of law. Also my family members immensely supported me in this decision.

    Your journey into law began with appearing for the law entrance exam at the insistence of a friend. How did you feel when you were selected, and how did that moment shape your perspective on your future career?

    When I got selected I was elated that I was getting a chance to be a lawyer. It really shaped my career as well as my family life also as I met my wife in law college who was a very good friend at  that time. Though my college was not a National University but the faculty members were good and really passionate in teaching, I am always grateful to them for their guidance. 

    Interning under the guidance of Mr. Sajal Kanti Biswas seems to have been a transformative experience for you. Could you elaborate on how his mentorship influenced your understanding of the legal profession and shaped your career trajectory?

    Firstly, Mr. Biswas provided me with invaluable hands-on experience by allowing me to directly involve myself in live cases. This exposure to real-world legal scenarios, including discussions with clients, preparation of pleadings, and strategizing for upcoming cases, was instrumental in enhancing my interest and deepening my understanding of various legal principles and procedures. Being immersed in the practical aspects of the legal profession under his mentorship helped me bridge the gap between theoretical knowledge gained in law school and its practical application in the field.He taught me to value every task in law, stressing that no work is small. . 

    Specializing in the BFSI sector after completing your law degree is quite intriguing. What motivated this decision, and how did your experience at the B School of Insurance and Risk Management in Hyderabad contribute to your professional growth?

    Specializing in the BFSI (Banking, Financial Services, and Insurance) sector started  from my observations while practicing law after completing my BALLB degree. Initially, as a newcomer to the legal profession, I found the complexities of financial matters daunting. However, exposure to numerous banking and insurance cases in court intrigued me, sparking an interest in the field. Recognizing the need for specialization, I considered pursuing an LLM. During my research, I discovered a joint course offered by NALSAR and IIRM specifically tailored for lawyers seeking to specialize in finance and capital markets. Although I missed the deadline for this program, my eagerness to pursue further studies led me to explore other options. This quest led me to the B School of Insurance and Risk Management (IIRM) in Hyderabad, where I found specialized courses in Risk Management. Despite not initially planning for this specialization, I applied for the program and was selected after successfully completing the entrance test.

    At IIRM, I gained valuable knowledge and skills in risk management within the BFSI sector. Interacting with industry experts and peers broadened my perspective. Overall, my time at IIRM complimented my legal background and prepared me for a successful career in the BFSI sector.

    Joining ICICI Lombard GIC Ltd. marked the beginning of your corporate legal career. Can you walk us through the challenges you faced initially and how you managed to adapt to your role within the corporate legal team?

    Joining ICICI Lombard GIC Ltd. marked a significant shift in my career as I transitioned into the corporate legal field. Initially, I encountered several challenges as a fresher in this new environment. Each day presented a new learning opportunity, and I had to adapt quickly to the workings of a corporate legal team.

    One of the major challenges I faced was understanding the dynamics of corporate operations and the intricacies of corporate law. However, my reporting managers provided unwavering support, guiding me through various tasks such as drafting notices, agreements, and participating in complex contract negotiations. Their mentorship was invaluable in helping me navigate the complexities of corporate legal work.

    Additionally, my role required frequent interactions with external lawyers for advisory purposes. These interactions exposed me to a wide range of legal concepts and furthered my understanding of corporate law. 

    Despite initially feeling overwhelmed, I persevered and focused on honing my skills. With dedication and continuous learning, I gained confidence and successfully closed numerous contracts. This experience taught me resilience, adaptability, and the importance of continuous growth in corporate law. My time at ICICI Lombard GIC Ltd. laid a solid foundation for my corporate legal career.

    Transitioning from litigation practice to corporate litigation presented its own set of challenges. What were some of the most significant hurdles you encountered during this transition, and how did you overcome them?

    Transitioning from litigation practice to corporate litigation management presented several significant challenges. One of the most notable hurdles was adapting to the different approach required in corporate litigation, which involves more strategic planning and coordination with practicing lawyers for execution.

    Initially, I had to familiarize myself with the nuances of corporate litigation management, which differed considerably from my previous experience in court. This required me to understand the broader strategic objectives of the company and align them with the legal strategies employed in litigation matters.

    Additionally, collaborating effectively with practicing lawyers across various courts and jurisdictions was essential but posed its own challenges. Coordinating with external counsel, ensuring timely communication, and maintaining consistency in legal strategies were crucial aspects that required careful attention. I prioritized building strong relationships with external counsel and maintained open communication channels. By embracing a learning mindset and adapting proactively, I effectively managed litigation matters.

    Your experience at Star India Pvt Ltd. provided insights into media laws. How did this experience differ from your previous roles, and what were the key takeaways for you in terms of navigating legal challenges in the media industry?

    Transitioning to Star India Pvt Ltd. from my previous roles in the BFSI sector presented a unique set of challenges and learning opportunities. While my specialization provided me with a solid understanding of legal intricacies in finance, entering the media industry required a fresh perspective.

    The key difference lay in understanding the nuances of the media business so Before diving into the legal intricacies of the media industry at Star India Pvt Ltd., I prioritized understanding the company’s business. Interacting with business leaders helped me understand the intricacies of the industry, enabling me to approach legal challenges with a comprehensive understanding of the business context.

    Although the media industry differed from my previous experience, the foundational skills and adaptability acquired in my previous roles proved really helpful. Leveraging my understanding of business dynamics, I navigated legal challenges more effectively and aligned legal strategies with overarching business objectives.

    One of the key takeaways from my experience at Star India Pvt Ltd. was the importance of continuous learning and adaptability in a dynamic industry. The media sector is constantly evolving, and staying abreast of legal developments and industry trends is very essential for legal work.

    Overall, my tenure at Star India Pvt Ltd. provided me with insights into media laws and reinforced the significance of understanding the business context in addressing legal challenges effectively. 

    How do you approach overseeing legal objectives for such a large area, and what strategies do you employ to ensure success?

    I started by understanding the work in that area, including the businesses and operations. Thereafter, I worked closely with my seniors to set clear legal goals that fit with the company’s overall plans. Good communication within the team members and with other departments is the key for everyone to work together smoothly. 

    We also keep an eye out for any legal risks and try to mitigate them before they become big problems. I talk regularly with other departments of the company further to understand their legal needs and help out where I can. 

    One notable aspect of this organization is the open communication fostered by our superiors. They encourage us to take risks and they also actively seek to understand ground-level issues through effective communication. Additionally, we are consistently striving to enhance our legal strategies and processes to adapt to evolving legal and business landscapes.

    Based on your extensive experience in the legal field, what advice would you offer to fresh graduates who are considering a career in law?

    The legal field offers numerous opportunities and is constantly evolving. Whether in litigation or corporate law, there are vast prospects for fresh graduates. As our country’s GDP grows, the demand for legal professionals will increase, providing ample opportunities for lawyers. 

    However, continuous learning and staying updated with the latest developments in the sector are essential for growth in this field. Many legal websites and resources are nowadays which are invaluable resources for students in this regard. Additionally, while the initial stages of a legal career may seem daunting compared to other professions, the rewards throughout one’s life are significant.

    Get in touch with Saswata Banerjee-

      

  • “When one is doing relatively better in their career, it is easy to set a certain “effortless” narrative for their story. However, it is neither fair nor honest if they don’t acknowledge the years of struggle they endured to be wherever they are today.”- Stutee Nag, Dual-qualified Attorney, International Family Law Office of Jeremy D. Morley

    “When one is doing relatively better in their career, it is easy to set a certain “effortless” narrative for their story. However, it is neither fair nor honest if they don’t acknowledge the years of struggle they endured to be wherever they are today.”- Stutee Nag, Dual-qualified Attorney, International Family Law Office of Jeremy D. Morley

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

    Could you please share with us the story of how you chose to pursue a career in law, especially focusing on international family law and child custody matters between India and the U.S.?

    Being a lawyer is tough. 

    Being a young lawyer is tougher. 

    But being a first-generation, young lawyer – well, that’s just pure chaos!

    I received my law degree in India in 2012, and it has been quite the journey from a fresh law graduate to an international family law practitioner. From being a law clerk at the Punjab and Haryana High Court, to a litigation associate in New Delhi, to an LL.M. candidate in New Hampshire, to a duly licensed New York attorney, to a wife, and, most importantly, to a mother – I have had the good fortune to evolve at every step.

    My initial connection to this area of law and my continued interest in this field is a sum total of several factors. I stumbled upon this particular practice area by chance when I started working for one of the most renowned international family law practitioners in the world, I am based in one of the most diverse cities in the world with a high number of internationally born population, I come from a country that has the world’s biggest diaspora, I am a dual-qualified attorney, and I am a young immigrant mother in an international marriage. In essence, I can relate to the challenges faced by international families, not just as their attorney but also on a much more personal level.

    As someone deeply involved in international family law, could you shed light on what are some of the most significant challenges that your clients face after the breakdown of an international marriage/relationship, particularly concerning issues like International Parental Child Abduction (IPCA)?

    I think the biggest challenge for a person stuck in the middle of an international divorce or custody dispute is to secure effective and timely legal advice. It is challenging enough to figure out the laws and the public policy of one jurisdiction but throw in a whole other continent, and it’s a different ball game altogether. From the financial aspects of a divorce to child custody laws, there are different advantages (or disadvantages) that come with a particular jurisdiction. This often ends up in parties initiating multiple parallel proceedings against each other and then ensuing a judicial tug-of-war, especially in child custody cases. Thus, one wrong step in an international family law dispute can have an everlasting impact on a person’s custodial rights over his or her children, financial rights upon a divorce, immigration status, professional goals, and overall life.

    International Parental Child Abduction (IPCA) is an example of one of the many challenges which a parent might face when an international marriage/relationship breaks down. IPCA is the removal or retention of a child by one parent, outside the child’s country of habitual residence, in breach of the other parent’s custody rights (often done without the knowledge or consent of the other parent). It is a federal crime in the U.S.

    Could you provide our listeners with an overview of the Hague Abduction Convention and its significance in resolving cases of international child abduction?

    The Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction (the “Hague Convention” or the “Convention”) is an international treaty that aims to prevent IPCA and protect children from the harmful effects of such wrongful removal or retention. The Convention establishes a legal framework (a “shared civil remedy”) among partner countries for the prompt return of internationally abducted children to their country of habitual residence. A court functioning under the Convention does not settle a child custody dispute. It merely decides whether or not a child should be returned to the country of his habitual residence, so that the custody dispute can then be settled by the courts in that country. 

    Keep in mind that just because a country has signed the Convention does not mean that an internationally abducted child would have to be ordered to be returned under all circumstances. The Convention provides six defenses when a court may deny the return of an abducted child. These defenses concern a “grave risk of harm” to the child upon return, the child’s age and opinion, the one-year-and-settled rule, violation of fundamental principles of human rights, consent of the left-behind parent, and the fact that the left-behind parent was not actually exercising rights of custody at the time of wrongful removal.

    More than one hundred countries have signed the Hague Convention. India is not one of those countries.

    You’ve been actively advocating for India to sign the Hague Abduction Convention. Can you explain why you believe this is crucial and the potential impact it could have on resolving international parental child abduction cases involving India?

    I will keep it as short as possible!

    India’s need to accede to the Convention has been underscored by various concerned authorities in the past, including the Hon’ble Indian Law Commission. However, in April 2018, India refused to sign the Hague Convention. It was primarily because the Indian government felt that signing the Convention would deprive the Indian courts of the discretion to refuse the return of a child in a Hague case where such a return is not in the “best interest of the child” (BIOC). The BIOC is the basic principle that all Indian courts apply in all disputes concerning a child’s custody (or even return). The Hague Convention, on the contrary, implies that a court that is merely hearing a return petition should not apply the BIOC principle because it is for the courts in the country where the return is sought to make a rights-of-custody determination under that principle. The second reason for the Indian government to decide against the Convention was that it had concerns about gendered domestic violence against mothers of Indian origin in a foreign country. 

    At that time the Indian government also introduced a Bill titled the Protection of Children (Inter-Country Removal and Retention) Bill, 2018, to tackle the menace of IPCA. Additionally, a “Proposed Authority” was ordered to be set up to handle inter-country parental child removal disputes, and a “Mediation Cell” was established in 2018 to mediate international custody disputes.  It has been almost six years since the Proposed Bill was introduced, but it has since been tabled. The Proposed Authority is yet to come into existence, and the Mediation Cell has not resolved any abduction cases. Not to mention that even if the Proposed Bill had become a law, it would have still lacked the required international backing or the proverbial teeth. However, even without factoring in the issues concerning the Proposed Bill or the Proposed Authority, there still are several independent reasons why the Indian government should consider signing the Convention.

    Firstly, the concerns of the Indian government regarding the BIOC appear to be unfounded because the BIOC is almost a universally applicable standard in child custody disputes. Thus, no matter which court gets to decide the custody dispute, the applicable standard will always be BIOC.

    Secondly, while India’s concerns about gendered domestic violence are not unfounded, it is not an issue specific to women of Indian origin. It is a sensitive and grave issue worldwide, irrespective of the gender or nationality of the victim. Most Hague countries have effective mechanisms in place against domestic violence. This help is available irrespective of the victim’s race, gender, nationality, or immigration status. For instance, all the U.S. States have such programs and helplines in place which offer assistance to domestic violence victims. Such services are usually free of cost, and attempts are even made to provide such assistance in the language that the victim speaks. A victim of domestic violence can initiate a police complaint against the preparator, secure a restraining order, file for a divorce, and initiate a custody case before the concerned foreign court.

    Thirdly, instead of causing an unauthorized removal of the child from another country to India and facing criminal charges, the taking parent has the option to seek the permission of the foreign court to relocate internationally with her children by initiating an international child relocation petition.

    Fourthly, authoritative statistics confirm that India has the world’s biggest diaspora, and all the top countries to which Indians move are Hague signatories, barring the UAE.

    Fifthly, India’s current system of handling a return petition through the writ of habeas corpus and the governing factors in such a writ are strikingly similar to the defenses in a Hague case (as in the situations where the Hague court may not order the return of the child to the country of his habitual residence). Some of these factors/defenses include the age and opinion of the child, the time spent by the child in India since the time of the abduction, the grave risk of harm to the child (or the taking-parent), and the association of the left-behind parent with the child.

    Fifthly, if the taking parent is a mother who decides (in an impulsive moment) to return to India with the child, she may then be prevented, forever, from claiming what is rightfully hers upon divorce in a foreign country because her husband has not only initiated a criminal complaint against her but there is an international arrest warrant out against her. Under such circumstances, the Indian wife’s right to be maintained upon divorce will be hard to enforce through an Indian order, given that the husband is living in a foreign country. On the other hand, the wife would likely not get what she deserves from the foreign court because she willingly flouted a serious law against IPCA and possibly defied a foreign court’s return-of-the-child order.

    Not to mention the burden it puts on an already overburdened Indian judiciary. Once the taking-parent is in India, there is no way to predict what they might do/assert in order to be able to retain the child in India. From filing made-up domestic violence charges to initiating false cases under the infamous Section 498-A of the Indian Penal Code in some cases to filing for restitution of conjugal rights, both sides take whatever steps they feel are necessary to exert pressure on the other side. 

    Furthermore, in today’s rapidly changing economic climate and given India’s bid to be seen as a key player in the current global settings, it does not bode well for India’s international image when the Indian legal system is referred to as “less developed” or as a “safe haven” for child abductors.

    In your experience, what are the usual legal avenues available for a left-behind parent seeking the return of their child from India, considering India’s current stance as a non-signatory to the Hague Convention?

    As I mentioned in my previous answer, the usual way to secure an internationally abducted child’s return from India is to file a writ of habeas corpus before the concerned Indian High Court. However, it is an extraordinary writ and is usually available only under exceptional circumstances. Moreover, from the voluminous (and highly divergent) Indian case law, it is hard to deduce a set of favorable factors that might cause the Indian High Courts to order the return of a child in such cases. The uncertainty of the left-behind parent is not as to the outcome alone; this uncertainty also remains with respect to the correct procedure to follow. Whether to approach the foreign court for an interim custody/return order or whether to approach the Indian writ court directly – there is no clear answer. On the one hand, the existence of a foreign custody order is considered as one of the several factors that Indian courts consider while ordering the return of the child, on the other hand, it seems necessary for the left-behind parent to secure an emergency custody order from the child’s country of habitual residence in the hope to prevent the taking parent from initiating a regular custody case in India based on the concept of ‘ordinary residence’ of the child (and this is just one such example).

    Understandably, a left-behind parent (especially one of Indian origin) might feel cheated by the system because of the lack of proper recourse.

    Given your extensive experience and expertise, what advice would you offer to fresh graduates aspiring to specialize in international family law or pursue a career in law with a focus on cross-border issues?

    Dear fresh graduates, I’d like to start with a bit of general advice. Don’t be afraid to make mistakes (as long as you learn from them). And please don’t be afraid to share. Whether it is your special knowledge or skills, your initial insecurities regarding this profession, or even your occasional failures- whatever it is- learn to share. 

    When one is doing relatively better in their career, it is easy to set a certain “effortless” narrative for their story. However, it is neither fair nor honest if they don’t acknowledge the years of struggle they endured to be wherever they are today. I had my share of struggles during my initial years, and sharing those struggles with people close to me only made things better. By sharing your struggles with others, you are telling the other people (who are also struggling) that they are not alone and that it gets better. This is generally true for any profession, but it is spot on for fresh-out-of-law-school lawyers. There is a learning curve to this profession, and there is no one defined way to master it. So truly, what matters is your journey (and detours), not the destination. Don’t be afraid to network and reach out to other people if you have doubts (in fact, my US journey started by reaching out to a wonderful attorney who was featured by Superlawyers back then).

    For any kind of international law practice, you should be prepared to learn (from scratch) the legal system of another country (sometimes you may even be required to unlearn the things you did in your home country); you will be required to take the Bar exam once again (easier said than done); you must learn to network, and lastly, as with everything in life, luck is a huge factor (especially with immigration-related issues).

    It is possible when you shift gears in your profession, that you will find that your carefully honed skills from your previous position do not necessarily translate into your next position. However, they are never rendered useless. It is entirely up to you to collate your bundle of skills and offer something unique to the world.

    Finally, considering your advocacy work and professional journey, what message or advice would you like to share with our listeners, especially those who might be facing international legal challenges or navigating the complexities of international family law?

    Get the right attorney ASAP! 

    The first step in many international family law cases is the most important one, and one must not mess it up by receiving incorrect (or impractical) advice.

    Get in touch with Stutee Nag-

  • In Conversation with: Sneha Sudhir Nanandkar Advocate and Solicitor at Phoenix Legal

    In Conversation with: Sneha Sudhir Nanandkar Advocate and Solicitor at Phoenix Legal

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

    Can you share with us what initially inspired you to pursue a career in law and Solicitors thereafter? considering your diverse experience across various legal domains?

    I am an ardent believer of the famous quote “If you think small, your world will be small. If you think big, your world will be big.” — by Paulo Coelho.

    I am a first-generation lawyer and right from childhood I had seen my father Dr. Sudhir Nanandkar handling several sensitive and high-profile cases as a Forensic Expert and his job profile required him to be constantly updated about not only medical expertise but applicable laws as well for which, he even enrolled for LLB. My father obviously could not practise law but he inspired me to take it up as a profession. My decision was further crystalized when I saw my mother Mrs. Neeta Nanandkar helping kids with special abilities and needs as a Counsellor and Special Educator, fighting for their rights and inclusion in the society. Thus, I always wanted to choose a profession which was not only empowering but also gave me a sense of purpose. 

    My horizons were further broadened when I started my internship with a Solicitor firm at fort “Vivek Kantawala & Co.” and my Mentor, Mr. Vivek Kantawala motivated me to push beyond my comfort zone and I embarked on a journey to become a Solicitor. This journey was marked by rigorous preparation for the Solicitors examination, which I successfully cleared.

    I am thus deeply grateful for the opportunities and people that shaped my journey till date and today as a seasoned lawyer with fourteen years of experience, I carry forward my multitudinous enriching experiences with pride.

    With your extensive background in Commercial Litigation, Dispute Resolution, Insolvency and Bankruptcy, Real Estate, White Collar Crime, Shipping and more, could you walk us through a pivotal moment in your career that solidified your passion for Litigation?

    I am extremely thankful for the opportunities and trust of my seniors throughout my career and it has been a constant source of impetus for me. Though my foray into the diverse legal landscape of Commercial Litigation, Dispute Resolution, Insolvency and Bankruptcy, Real Estate, White Collar Crime and Shipping was not a deliberate choice, it was a natural evolution guided by the legal stalwarts that I have worked with throughout my career, coupled with my enthusiasm and constant thirst for knowledge resulted in strengthening my business development skills and strong clientele. 

    I have worked on several complex and enthralling matters in my career and regardless of its nature, every matter has been a stepping stone for my professional growth but pivotal moment of career was when I was impelled by a Hon`ble Judge of The Hon’ble Bombay City Civil Court to argue a case despite me being a fresher who was still exploring possibilities of Litigation and Non-litigation! It was a memorable and scary experience as I had to prepare my submissions in just one hour. I distinctly remember, me and my opponent, both freshers, tried to wriggle out of the situation by calling our respective seniors to court, but they were made to sit behind us and we were asked to argue the case. In retrospect, I did not choose litigation, litigation chose me! making me forever indebted to this Learned Judge of Hon’ble Bombay City Civil Court! I must admit after this incident I have not looked back. 

    What are the causes you feel strongly about?

    I come from a family which believes in giving back to the society and right from childhood, my parents have instilled in me the values and virtues of empathy, compassion, and quality conscience, encouraging me to volunteer in several pro bono campaigns. I strongly believe that we need better resources and employment opportunities for kids with special abilities and needs which can be achieved through inclusion alone, which necessitates combined efforts from government authorities and society for expeditious and effective implementation. Further, issues pertaining to awareness in respect of women’s rights and equal representation deserve to be addressed at a larger level.

    Having worked with various reputable firms, what valuable lessons did you learn about the legal profession and the intricacies of your practice areas?

    I am blessed to have worked with various reputed law firms in my career, which offered me invaluable exposure of litigation and non-litigation cases at domestic and international level, helping me enhance my knowledge of law, oratory skills and analytical thinking. These experiences made me proficient in courtroom advocacy and after court management with strategic use of skills, experience, and court craft. Thus, as lawyers we need to be constantly updated and ready to learn and adapt as and when required.

    I can sum it up by saying that there is no shortcut to success and it is a rewarding road filled with thrilling challenges, which ultimately lead to triumph! 

    I am happy and honoured to be part of Phoenix Legal now and I am confident that I can contribute significantly to the firm’s expansion and success.

    Your journey reflects a blend of corporate representation, high-stakes disputes, and involvement in significant cases. Could you share a memorable experience from your time advising and representing well-known companies before the NCLT, RERA Tribunal, or other courts?

    In my legal career spanning fourteen years, I have handled some high-profile cases, each carrying its own weight of significance but some cases challenge you to think out-of-box   and are one of a kind. I had opportunity to represent two reputed gaming companies in a defamation suit before the Hon’ble Bombay City Civil Court against “John Doe/Ashok Kumar” unknown or unidentified persons, who were reportedly posting defamatory content about the makers and investors and their video game on Facebook, Twitter, Google, YouTube, LinkedIn, and other social media platforms. The miscreants were targeting the two companies, their promoters, and their ambassador on various social media platforms by posting posts, tweets, messages, videos and spreading rumours that the game was conceptualised by late actor Sushant Singh Rajput. Thus, causing “irreparable damage” to the companies’ reputation. We had to obtain an interim order / “John Doe” Order from the Hon’ble Bombay City Civil Court urgently to restrict these several unknown people from spreading defamatory rumours. This case was unique as the obligations of Intermediaries at that point of time were unclear and it was easy for them to shrug their responsibility by taking a stand that they were merely intermediate platforms, having limited liabilities. It was enthralling to explore and highlight the interplay between the then existing laws pertaining to Intermediaries and their liabilities towards the content uploaded by unknown miscreants and we were successful in obtaining the “John Doe” Order and was reported in various newspapers and social media platforms. This case honed my abilities to navigate through a high-pressure environment and accentuated the importance of innovative legal solutions.

    With a notable track record of handling complex matters such as mergers, insolvency cases, and high-profile disputes, what challenges have you encountered, and how did you overcome them?

    I believe that most complex situations can be diffused easily with an out-of-box thinking and calm mind. I have learnt this with my own set of trial & error experiences, especially when stakes are high for clients and time is of essence, every strategic step matters. I must emphasize that handling a particular case can never have a straight-jacket formula solution, it involves several permutations and combinations of cautious interpretation of laws, industry-specific expertise, communication with non-legal professionals /officials, managing compliance burdens, continuous research and developing cost-effective solutions. 

    I distinctly remember one of my clients approaching me with a peculiar problem. Client had availed loan from a reputed bank for building a resort at Nagpur and though bank was disbursing money on one hand and it was being recovered on other hand, with interest. Thus, not actually helping the client to apply the said money for resort construction and interest simply went on mounting in crores. Client tried closing the account but the same was not allowed by the bank and bank further refused to release original property documents, making it difficult for client to approach other banks or entities. Client later realised discrepancies in the documents establishing forgery of crucial documents.  Thereafter the bank declared the client NPA and sued them before the Hon’ble National Company Law Tribunal for alleged non-paid loan amounts. Superficially, it looked like a normal debt and default case, hence the Hon’ble Tribunal was initially inclined to admit the petition against the client, as there were no precedents allowing forensic audit by Hon’ble Tribunal and not many cases on evergreening of loans. Thus, we had to highlight the evergreening committed by bank along with the forgery of documents committed by officials of bank owing to personal vendetta against the promoter of client company, which is when our application seeking forensic audit of bank`s documents was allowed by the Hon’ble Tribunal. I would thus say, a little out-of-box thinking goes a long way. 

    Considering your vast experience and insights gained throughout your career, what advice would you offer to law students or recent graduates embarking on their legal journey? How can they navigate the complexities of the legal profession effectively?

    In an era of mindless herd mentality and allure of firm remunerations, it is essential for law graduates to ascertain what drives and motivates them at an early stage, so that focused efforts can be invested in a particular area of Law. For example: whether one enjoys vibrancy of court or not, will aid a person in determining whether litigation is their calling or not, failing which burnout or scattered exertions will be an inevitable consequence. 

    Thus, the key is to not to trade passion for glory, enjoy the thrill of challenges which often are opportunities in disguise and stay abreast of these evolving trends and developments as the dynamics of the legal profession keep fluctuating.

    Get in touch with Sneha Nanandkar-

  • “As a leader, give direction, seek feedback, and motivate positively to foster excellence.” – Explore the remarkable journey of CS Vandana Bhatia, Director-Legal, Compliance & Company Secretary, Ryan

    “As a leader, give direction, seek feedback, and motivate positively to foster excellence.” – Explore the remarkable journey of CS Vandana Bhatia, Director-Legal, Compliance & Company Secretary, Ryan

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

    Vandana, your journey from college to becoming a prominent figure in corporate law and compliance is truly inspiring. Could you walk us through your college years and share what influenced your decision to pursue a career in this field? Additionally, what were some of the initial challenges you faced when you started your career, and how did you overcome them?

    I started working right after class 12 to complete my higher education due to my family crises. I did my higher education through distance learning; it was challenging and not easy as having to work and study together. Also, didn’t have enough guidance, so I took some tutions on subjects that I found difficult over weekends and late hours—still managed to complete the same after so much struggle and hard work. I belong to Ghaziabad a place that was back then known for power cuts that were longer than 12 hrs. a day, I remember studying in candlelight sometimes. I never wanted to be what I am today (wanted to be a journalist back then), my father encouraged me to pursue Company Secretary and that further influenced my decision to have MBA (finance) and LLb degrees in my hand. I am proud of the decision that I took back then to fulfil my father’s wish and thank my parents for always being an encouragement and support system for me.

    Congratulations on receiving an honorary doctorate in Law and Governance from California Public University! Could you share with us what this recognition means to you personally, and how it has impacted your career trajectory and aspirations for the future?

    This is like a dream come true, I always wanted to have a doctorate and prefix Dr. in front of my name. It was a complete privilege and honour for me to get this Honorary Doctorate from California Public University. This has helped in receiving recognition from many of my peers and seniors.

    You currently serve as the Director-Legal & Compliance at Ryan India Tax Services Private Limited. Could you provide us with insights into your day-to-day responsibilities in this role and how you ensure alignment between legal and compliance functions within the company?

    I have a big role and responsibility to ensure 100% compliance on all functions in India and that requires regular monitoring and diligence. Further as legal director, my responsibility is to provide legal advice, review legal documents and proactively address to legal risks. I happen to be successful in balancing both roles as I have my own matrix to categorize the matters/tasks.

    You’ve navigated through various sectors such as pharma, education, finance, and more. How has this diverse experience influenced your perspective on corporate governance and compliance across different industries?

    I have been lucky in working in different sectors which made me understand certain regulations applicable to those sectors like in pharma there is specific drugs and cosmetics acts which is applicable; NBFC have certain Master Directions of RBI that need to be adhered too. This provided an edge to learn those specifics and apply the same in the job.

    Your list of achievements and awards is incredibly impressive. Amidst such professional success, what personal values or principles do you hold dear that guide you through your journey?

    My personal mantra is to act with integrity and be true to yourself. Keep working hard and smart and believe nothing is impossible.

    You’ve been involved in instituting corporate governance frameworks and setting up processes in multiple organizations. What are some common challenges you’ve faced in this process, and how do you overcome them?

    Challenges were to go deep dive into the problem areas of non-compliance and making the same complaint. That required going back to the inception of the organization. The developing process was not that challenging but making stakeholders understand the implications and implementation was a tough job.

    Your list of achievements and awards is incredibly extensive, ranging from being recognized as one of the “Top 10 Chief Compliance Officers in India” to receiving the “Golden Pinnacle Award” and an Honorary Doctorate. How do you stay grounded amidst such recognition and maintain a humble approach to your work and interactions?

    I always believe you should never forget your roots and the hard work that you have put in to achieve them. It’s not only professional but I always believe that even personally a person should stay humble.

    As a leader, what qualities do you believe are essential for fostering a positive work culture and inspiring your team to achieve excellence?

    As a leader, it is important to give the right directions to the team, and give them space to explore, innovate and learn. It also important for a leader to seek feedback from the team which will build a positive impact and confidence on the team. Give credit and recognition to those deserved in the team and motivate others positively. Be approachable and not bossy.

    Beyond your professional achievements, what are some hobbies or interests that bring you joy and fulfillment outside of work? How do you make time for them amidst your busy schedule?

    I love reading books (mostly spiritual books) and travelling, I try to squeeze a week travel once or twice in a year.

    Given your extensive experience and remarkable achievements, what suggestions or advice would you give to the upcoming generation of professionals looking to enhance their CV and leave a lasting impact in their respective fields

    Don’t restrict to work been assigned to you, keep looking for the opportunities within organization where you can grow and provide your value addition. Keep learning as that never stops and compete with yourself. Also, diversify your work horizon.

    Get in touch with CS Vandana Bhatia-

  • “It is a very long and tedious process to become a lawyer and to specialize in a particular field of interest, and to make a name for oneself. But this should not deter anyone from pursuing their dream.”- Vivek B.Siddalingaiah, Civil Servant, Ministry of Justice UK 

    “It is a very long and tedious process to become a lawyer and to specialize in a particular field of interest, and to make a name for oneself. But this should not deter anyone from pursuing their dream.”- Vivek B.Siddalingaiah, Civil Servant, Ministry of Justice UK 

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

    Can you share your journey from practicing law in India to your current role as a Legal Advisor for the Magistrates in the UK’s Ministry of Justice?

    To begin with, I did my B.A.L. LL.B. , five years integrated course from University Law College, Bangalore University. In October 2010, I was called to the bar after completing my All India Bar exam and immediately after being called to the bar at the Karnataka State Bar Council, I started practicing. I started practicing under a senior and my main practice area involved insurance, banking, domestic arbitration, and other civil matters. Along with this, I also used to practice before the Debt Recovery Tribunal.

    After practicing for over four years in Bangalore, I moved to London to do my Master of Laws post-graduation from City University, London. My areas of specialization were Alternate Dispute Resolution and Civil Litigation in reference to the UK law. I completed my post-graduation in 2015 and my final dissertation as part of the course was about International Investment Treaty Arbitration. After this, I had to move back to India because of Brexit issues and I joined a startup company in Bangalore as a legal counsel. After working there for less than a period of six months, I joined Tatva Legal Bangalore as an associate in their litigation team. Working at Tatva Legal gave me a wide exposure to the other fields of law namely Corporate Law, Corporate Litigation and International Commercial Arbitration. In 2016, the New Companies Act and Insolvency & Bankruptcy Code were passed in India and as a result the National Company Law Tribunal were established. I started practicing before the NCLT for a period of two years.

     In 2019, I got an opportunity to work with the Financial Ombudsman Service, London as an investigator/ adjudicator. This role gave me an opportunity to resolve disputes in a quasi-judicial setting.  I had to take a small break during the COVID lockdown to attend to my personal work. 

    In 2022, I started applying for Civil Service roles in the UK.  Civil service recruitment in the UK is based on open competitive examinations. 

    These posts are advertised and applications are invited from eligible candidates, preferably candidates with law degree or experience in a common law jurisdiction. In August 2022, I cleared my competitive examinations and I was appointed as a Crown Court Advisor/ Clerk. I was mainly responsible for most of the administrative and procedural functions of running the Crown Courts. I got a very good opportunity to understand the criminal justice system in the UK. After having worked for one and a half years in this role, I got an opportunity to be promoted through an internal campaign and after having cleared my interview and other written tasks, I was appointed as a Legal Advisor for the Magistrates in the East London local justice area. I have been working in this role for the last two months.

    How did your experience in litigation, merger & acquisition, insurance, and international arbitration prepare you for your role as a legal advisor at His Majesty’s Court & Tribunal Service?

    As we all know, India is a common law jurisdiction, and this acted as an advantage for me. My litigation experience in India gave me all the understanding and the tools required regarding the court procedures. Because of this experience, I wasn’t a stranger to the legal system in the UK, even though there are a few procedural and other administrative differences between the two countries, the overall legal system is very identical. Because of this, I was able to understand, implement and do my best in the roles that I have been performing in the UK till now. 

    My litigation experience in India helped me in clearing my Bar exam in England and Wales, and also in my applications, written tasks and interviews for the legal positions that I applied for in the UK. 

    My experience in the field of insurance was advantageous when I worked at the Financial Ombudsman Service. My main responsibility at the Financial Ombudsman Service was to deal with insurance, banking and pensions disputes between the customers and the businesses. Having practiced insurance law for a period in India, it was easy for me to understand the concept, the difficulties and the nature of cases that were brought to the Financial Ombudsman Service for investigators or adjudicators like me to resolve. My experience in the field of domestic or international arbitration helped me in almost all the roles that I have been performing till now.

    What inspired you to pursue a Master of Laws in Civil Litigation & Dispute Resolution at The City University, London, after practicing law in India?

    In the year 2010, when I graduated with my law degree, it was sort of a practice for every other law graduate to go abroad to pursue Masters. I have had a few friends who went to the UK, the US, Australia and other places to pursue their masters. I had an opportunity to speak with them about their experiences, their expectations, and the advantageous position that they were in when they returned to India. 

    In my experience and understanding it is a bit important for any legal professional to have a specialization in one or more fields of law and I was very keen on specializing in at least one field of law which could give me an advantage over other candidates when it comes to the job market and this was one of the reasons why I decided to pursue my Masters.

    However, I was not sure about which field of law I wanted to specialise in. Initially I started my practice in insurance and banking law, then moved on to property law, then moved on to other fields of law. I wanted to make sure that I understood which field of law I would like to specialise. This could have been possible only by my own experience and work rather than anyone’s advice. After four years of practice, I realised that alternative dispute resolution was my field of interest and that is the field in which I would prefer to specialise in. 

    How has being dual-qualified as a Barrister in India and England & Wales influenced your legal career and approach to practicing law?

    It was always my aim or dream to qualify as a Barrister in England and Wales. Also, being a person interested in history and having read about many well-known jurists, freedom fighters and other people who have been in some of the very responsible positions, I realised that most of them were Barristers. I’ve heard the argument that it doesn’t require a qualification for a person to do great things. However, in my view, I was always interested in belonging to the list of people from India who are qualified as Barristers in England & Wales. Being a dual qualified Barrister does have its own advantages. I get to practice or work in two jurisdictions. It is also a very prestigious and respected profession in both the countries. I have had the opportunity of practicing before the courts in India and working in the courts in the UK. I believe this dual qualification has allowed me to work as I always wanted to. The dual qualification has also given me the advantageous position when it comes to applying for various positions or for my professional growth.

    Could you elaborate on your experience as an Investigator and Adjudicator at the Financial Ombudsman Service in London and how it shaped your understanding of dispute resolution?

    The Financial Ombudsman Service (FOS) is a service which resolves disputes between the businesses and the consumers without having the customers go to the courts. The legal system or the court system in the UK is very expensive when compared to that in India. This is one of the reasons why consumers or common people would like to bring their issues to FOS to be addressed. FOS deals with almost all types of commercial and business disputes including insurance, pensions, banking, credit, frauds and scams etc. 

    The role of an investigator or an adjudicator is to listen to both the parties, be impartial, unbiased and decide in the favor of the party which is right. This could involve penalizing the business or asking the business to do something that they are expected to do. I had the opportunity of working and resolving disputes in the insurance and banking team. I had the opportunity to resolve disputes in the Insurance, Banking and Pensions team. This gave me an opportunity to understand the various requirements, the way of interpretation of the law and drafting judgements. It also gave me an opportunity to speak with experts in the field of law and business to enable me to decide the disputes. Further,  it gave me an opportunity to understand the quasi-judicial setup in the UK and the procedure for parties to go to the courts or tribunals to resolve their disputes. This role prepared me for applying to other legal based positions.

    What unique challenges have you encountered while advising lay Magistrates on legal matters and procedural issues at His Majesty’s Court & Tribunal Service?

    Magistrates in the UK are also known as Justices of Peace. They are individuals from all walks of life who are passionate about making a difference in their local communities. This role is a volunteer role. Magistrates are people from all walks of life, usually with no legal qualification or training. The legal advisor sits with the magistrates in the courtroom to advise them on the legal procedures and the rule of law.

    No two days are the same for a legal advisor as it depends on the experience of the magistrates, the type of cases and the number of cases that are heard. As a legal advisor, we are expected to not only know the law, procedure but also the facts, recent developments in the field of law, recent judgments that might affect a particular case.

    The legal advisors are in a unique position as a lawyer. They are not fighting a case from a particular side, but instead looking at the law itself and ensuring it is applied in the correct way. A legal advisor acts with a judge’s hat on rather than as a stereotypical lawyer. This role places me at the heart of the criminal justice system. It is not only about advising the magistrate, but also assisting the parties who are unrepresented. 

    As someone deeply involved in both Indian and UK legal systems, what differences have you observed in the legal cultures and practices between the two jurisdictions?

    India is a mix of common law and civil law however, mostly adheres to the common law principle just like the UK. The judicial system in India is highly influenced by that of the British system which was framed and practiced pre-independence. The system is very identical and as such is not difficult for an experienced lawyer to understand. 

    Some of the differences that I could point out between India and the UK legal systems are the volume of cases (due to population), the time in disposing of the cases, the police system, and the working of various other departments that are involved in the administration of justice.

    The major difference is that administration of Indian courts is managed by the judiciary themselves. However, in the UK it is managed by the organization which I’m part of called His Majesty’s Court and Tribunal Service (HMCTS). 

    The practice and procedures are very identical, the court language used are very similar, the civil procedure, criminal procedure, admissibility of evidence are all very identical as well. 

    Overall, the Indian and the UK legal system are identical and they’re also complementary to one another.

    Lastly, what advice would you give to recent law graduates aspiring to pursue a career in litigation, arbitration, or judiciary, considering your diverse experiences in the legal field?

    I do not consider myself to have the experience to advise law students, however being a first-generation lawyer in my family, I had very little advice when I wanted to choose law as a career. This resulted in me waiting for a number of years before I could understand and decide what and how to do things. As such, I am keen on advising law students, especially first-generation lawyers who do not have much exposure or understanding about this profession.

    As said, the legal profession is a noble profession. One must have a lot of patience to survive and to do well in this profession. It is a very long and tedious process to become a lawyer and to specialize in a particular field of interest, and to make a name for oneself. But this should not deter anyone from pursuing their dream. Majority of my professional dreams have been fulfilled as I speak. My next and my aim is to enter the Judiciary which in my view will happen in the next few years. 

    Believe in yourself, work hard as there is no substitute for hard work and get the right advice from the right people.

    Career in law need not have to be restricted to civil or criminal practice; there are various fields of law that one can excel in. Make the right choice, take your time, get the right advice and follow your dreams.

    Get in touch with Vivek B.Siddalingaiah-