Can you share a bit about what inspired you to pursue a career in law and how you ended up specializing in Intellectual Property Rights?
As an adolescent, I was actually always inclined towards joining the army as I was fascinated with the uniform and the discipline that comes with it. I had plans to go to Rashtriya Indian Military College (RIMC) for schooling but fate had other plans and that took a backseat as I grew up. As time passed, I had a young man’s realisation that I was soft spoken but always wanted to put forth my point. Being a lawyer, I felt, would give me an opportunity to channelize this desire. Being a lawyer at that time, or so I thought, meant being aggressive. I had a different view though. I thought that if I blend two extremes I would rather grow as an individual. So to answer your questions, it was my desire to grow as an individual that inspired me to pursue law. As a first generation lawyer, I did not have anyone to look up to and follow the same path. Since my first day in this profession, I was more than happy to wear different hats and try out different fields of law. Having said that I was always interested in the litigation part of the profession because, as I said, my opportunity to grow as a person would, at least in my mind, come when I was appearing before a judge and thinking on my feet. While I was exploring different fields of law, one of my seniors in my early days, from whom I have learnt a lot, had specialization in IPR and gave me opportunities to explore the field.
Beyond the courtroom, we hear you’re quite the legal wordsmith. What inspired you to start writing legal articles, and do you have a favorite topic you’ve covered so far?
I was told in the beginning of my profession that litigation has three basic pillars which are drafting, research and appearance before the courts. Fromday one, I had an inclinationtowards drafting part of the profession and was always interested in writing. My seniors always pushed me to write articles as they always said that articles are the best way to reach people and educate those who are not from legal background. It is also a marketing tool. You can never pick one topic, but my idea of writing articles is focusing on the basic principles of law which are easy to understand from a layman’s point of view.
Your expertise spans a wide range, from Intellectual Property Rights to general litigation. If you had to choose one area of law that you’re most passionate about, which would it be and why?
I may get criticized for this but it will be unfair to choose one area of law. My passion lies where the client’s need is. If a client’s need is initiating an arbitration proceeding, I would have to go with that. If the same client wants to file a criminal complaint, it is my duty to pursue that recourse as well. But before going into different domains of law, the most important thing is to gain the trust of the client by giving the client the desired results. Having said that, it impossible to cater to every need of the client and you need to broadly identify your strengths. Since you have put the “passion” question, it would be safe to say that the commercial side of the profession whether it is a commercial suit including IPR or any branch of it like arbitration or white collar crimes interests me the most.
Being in this profession for the last 10 years and being associated with Vaish Associates since 2018, you’ve seen the legal landscape evolve. What do you find most exciting about the current legal environment, and are there any upcoming changes you’re particularly interested in?
Needless to say that the legal profession is ever growing. The current legal environment is more commercial driven. The advent of commercial courts act and commercial courts have proved that future is more commerce driven. However, since the world of commerce has economic advantages, the courts do not want to indulge in unnecessary litigations. For this purpose, it has become mandatory before filing a commercial case to try and settle the case by filing a pre litigation mediation application which filters out such unnecessary litigations. The courts have also been reasonable in doing away with such mediation application if the court is convinced that the case in hand is urgent and that such application would hamper justice.
Since we are talking about the commercial era, one cannot forget about arbitration. Recently, it has been held that by the Apex Court in case of NN Global Mercantile v. Indo Unique Flame that an arbitration agreement cannot be acted upon if the stamp duty on the said agreement is not paid. This has led the parties entering into an arbitration agreement to pay the appropriate stamp duty which was many a times not paid due to N number of agreements with different parties, and if the same is not paid on the existing agreement, courts have the power to impound the agreement. However, a seven judge bench of Supreme Court is reconsidering the said judgment, wherein order is reserved and the same is awaited as on date.
It is interesting to see that how after covid, the courts are more digital friendly. Lawyers today have the option to appear before a judge sitting in the comfort of their home. Digital courts are established for taking up cheque bouncing cases. Court filings are done digitally. Trademark hearings are conducted through VC. Having said that, one may also argue that the profession has lost its charm by being digital and attending hearings through VC.
Your educational journey, from Apeejay School to being a first generation lawyer and becoming a Principal Associate at Vaish, is quite impressive. Along the way, were there any mentors or role models who significantly influenced your career choices or approach to law?
I feel mentors are not just people. Even situations can be mentors to you. As far as people as mentors are concerned, I would say that there are different kinds of mentors. There may be people who unknowingly help you on the way. Sometimes difficult situations are created by difficult people, but the important thing is what you can take from those situations and learn from it and treat that situation as a learning experience. In this profession, if you are a first generation lawyer, you have to be your own mentor.
Beyond the legal realm, what’s a passion or interest you have that might surprise people? How do you incorporate this into your life, especially during busy periods in your legal career?
People say that I am a good singer. We had a band in my school days and I was the lead singer in that. But now it is just a hobby and a way to entertain friends and family. Besides this, whenever I get time, I love being in the mountains close to the nature.
Finally, what advice would you give to recent law graduates who are just starting their legal careers? What lessons have you learned along the way that you believe would be valuable for them as they embark on their own journeys in law?
Be thorough with whatever task is given to you. Remember devil lies in details. Choose your strength amongst the three pillars of legal research, drafting and court crafting and play with it. Do not take for granted the other pillars. Be soft spoken no matter what people say about how a lawyer should be. Never let anyone guess what is going on in your mind. Sincerity towards your profession and towards the task in hand can take you places. Lastly, it is important to understand that in the present world, unless you can market what you create, your creation may become useless.
You come from a family with a rich tradition of military service, yet you chose a different path as a lawyer. Can you tell us about the factors that influenced your decision to pursue a legal career, particularly in areas like intellectual property and media law?
Well I didn’t really choose a path of lawyer to be completely honest, life just in a way forced it upon me I believe. In my opinion I am a classic case of ‘Failure by-chance Lawyer’. Allow me to give some context to this. Yes, I do come from a family that has given three generations of Military personnel dating all the way back to my Great-grandfather to serve in the British-Indian Army. Naturally coming from a family where the only thing or people you know are Military personnels, it’s obvious that you would aspire for the same thing yourself.
So right after my graduation in B.com, I gave my CDS (Common-Defence Services) exams cleared that and went on for my SSB (Service Selection Board), and I was so sure that I was going into the Indian Army, but this is where my story changes because I got screened-out i.e. rejected, by the Indian Army. This was all happening in 2013, and after I got rejected by the Indian Army I had no idea what I was supposed to do next because there was never a ‘Plan-B’ in place. Now given my educational background I felt that the only options I had was either pursuing Chartered Accountancy (CA) or going for a Master of Business Administration (MBA), just like what all of my class-mates were doing. Thankfully, and this is something I really pride myself on is that during my B.com, I made some amazing friends one of whom is Shona Jacob, owner and proprietor of the hospitality brand “Love Made Edible” and she advised me to not to go along-with the herd, in-fact I still remember the word till this date that convinced me to be a lawyer which was “You have a very strong command over the English language, You should really thing about pursuing Law as a career”, and that where the idea to become a lawyer came from, by a friendly advice.
Thankfully, my score(s) at the time of graduating B.com were good enough to get me into ILS, Pune, in the three (3) year LLB course. Now, I had no idea what Intellectual Property law was, let alone media law when I got into law school. I had more affinity towards Family-Law and was convinced in 2013 that I would pursue Family-Law as a career, but here again thanks to a friend that was Disha Dewan who was also my batch-mate and daughter of Dr. Mohan Dewan of the Law firm R.K. Dewan & Co., I was introduced to the basic concept of what was Intellectual Property Law. Thankfully, ILS has a pro-discussion culture so my batch was always discussing and debating concepts of law and latest developments, and IPR happened to strike a chord with me primarily because of its fluid nature. While the Statute itself was set, the application and understanding(s) that stems from IP matters are extremely fluid and always subject to interpretation be it Trademark, Copyright, Designs etc, which was made more and more clear to me when I read judgments, specially those from the Delhi High Court. The type of IP Judgments that would come out from Delhi, it was like every day there is a new comment or understanding provided by the Courts in the field of IP. This great big puzzle that was known as Intellectual Property Rights was just so much fun that I knew that this is what I want to specialize in some day, and this speculation got further confirmed when I interned at ITAG, Kolkata and R.K. Dewan & Co.
As to Media Law, well that happened because of curiosity to put it simply. When you start understanding a subject and your basics start to get better, sooner or later you start to look at every area where the application of that subject may come. I had an interest in IPR and I would always wonder what other areas can IP have an impact in, and the immediate conclusion that came to me was ‘Films’. But my transition into Media Law didn’t happen until later in 2019, when Mr. Ameet Naik and Ms. Madhu Gadodia found me and decided to place a gambling bet on me to see whether an IP Specialist could transition over to becoming a Media Lawyer. One has to appreciate the similarities and the dissimilarities between IPR and Media Law, while IPR was fluid, Media Law was completely dynamic and it was always changing, and unlike IPR, Media Law does not have an identified set of law(s), if anything Media Law is more common law and equity based which makes the scope to interpret and apply the law(s) during a media dispute more wide and challenging in my personal opinion. The big puzzle which I was already use to solving in the field of IPR just got substantially bigger the moment I was introduced into Media Law because that ultimately also resulted in me being exposed to and working in matters concerning the laws of Arbitration, White Collar Crime, IT Law etc, it really just broadened my horizons and exposed to so many challenges which has been nothing but fun, frustrating at times, but fun nonetheless.
Transitioning from a Bachelors-in-Commerce to a law degree is quite a shift. What motivated you to make this transition, and how has your commerce background influenced your legal career?
Well I personally don’t think that the transition from B.com to Law was a very big shift for me because, while I was pursuing my B.com we were required to study the erstwhile Company Act 1956 (now 2013) and I was also pursuing an Advanced Diploma in Advertising and Marketing from my college (H.R. College, Mumbai) wherein we were introduced to concepts of “Trade Mark” and “Copyright”. So in a sense there was some minor exposure to subjects of law during my B.com which I think in hindsight did help somewhat. However, pursuing a career in law was definitely not in radar at any point in time while I was pursuing my graduation in B.com.
Funnily enough I think the three elements that motivated me to pursue a career in law and just go all in were “Dumb-Luck”, “Desperation” and “Disaster”, I call this the “3D” elements of my career and by no stretch of imagination is this a bad thing. In fact I believe that the best of things to come are a product of the bad times. For example, getting rejected by the Indian Army was a Disaster for me as I never had a second thought or plan about what I would do in case I never made it into the armed forces. My friends suggesting that I pursue law as a career was pure Dumb-Luck, and because I had no other plans my Desperation to excel at something made sure that law as a career worked for me. But above all else I think the reason why I stayed motivated to make law as a career for myself was because of my parents who never pressured or doubted me at any stage of my life or while I was pursuing law, it really is very important to have a good support system as it definitely makes things some-what easier.
I think for me personally my background in commerce didn’t really kick-in and started helping till I had made a transition into Media Law. The practice of Media Law has a substantial portion fixated on commercial transaction, liabilities and deal structuring. Thankfully because of my background in commercial subjects my ability to understand and cater to client’s whether it’s in financial transactions or disputes, substantially contributes towards the same. This is a personal opinion but I feel any Attorney today practising commercial laws who has a finance or a commerce background does indeed have a minor edge as compared to his/her colleagues who may not have had that type of a training prior to pursuing a career in law.
During your time in law school, you engaged in multiple internships in different cities. How did these internships shape your understanding of the legal profession, and how did they ultimately lead you to your current specialization in IP and media law?
Thankfully I had good seniors in law school with whom I was living with in the Hostel those days, and when you have access to your seniors you can discuss your queries with them and understand what others before you have either done right or wrong. While I was in ILS, Pune we had lectures from 7am to 11am, after that you had a substantial portion of the day left to you to choose what you want to do. I had two very clear options in front of me, either after classes I could participate in extracurricular activities or choose to intern in Pune itself and attend lower court proceedings and gain an understanding as to what is the practical side of the legal career. While both were equally good options, I had already done my fare-share of extra-curricular activities while pursuing my B.com, I wanted to do something different and so I chose the later option and chose to intern at law firms or chambers of practising Advocates while in Pune. During course breaks I would make it a point to intern in a different city which would usually either be Mumbai, Delhi or Kolkata.
I think when I look back during my time when I was interning what set me apart was the fact that I took an initiative. I would make it a point to go up to the Partners and Associates and introduce myself properly and take an active interest in learning about them, this resulted in familiarity which resulted in the team’s to remember me while assigning projects. Now the next part that came was always the most crucial part during my internships which was to always provide good solid work, which meant putting in extra effort than normal, but it’s effort that puts you in a different light than compared to the rest because the moment the Associate’s would take notice of my work or my ability to understand the subject I would always end up getting access to better work and more details from the Associates.
This process not only ultimately led me to get a Pre-Placement Offer (PPO) from R.K. Dewan & Co., but it also framed my way of thinking because I realised that it’s not enough to just work hard, you also need to know how and when to work smart. This same philosophy and work-ethic which I had moulded during my internship days was later on developed and which greatly helped into my professional career and it’s the same thing which also helped me when I transitioned from IP into Media Law. When one thinks about it, internships can be a great way to discover more about yourself at-least that’s what happened for me.
You spent a significant part of your career at R.K. Dewan & Co, where you worked with Dr. Mohan Dewan and Mr. Ameet Deshpande. How did your experiences there, especially in Pune, shape your early career and the skills you developed as a litigator?
Luckily enough I was always offered a repeat internship at R.K. Dewan & Co, during my law school which led to the team knowing me fairly well and they had a good idea as to my capabilities at the time. So when an opening came up in the Litigation Team, Dr. Mohan Dewan was very kind enough to actually ask me if I had any interest in joining them. Now I was sure I wanted to pursue a career in IPR, I just didn’t know at the time whether I would want to be litigator but sometimes in life you just have to take a leap-of-faith, and thankfully this leap-of-faith continues to pay off till date.
Working with Dr. Mohan Dewan and Mr. Ameet Deshpande, was like an introduction to a crash course of two very different subjects at the same time and you had to catch-up really fast in order to keep up with them. Dr. Mohan Dewan is very particular about what may be your concepts and thoughts when understanding a legal matter and he is equally that much invested when you are putting in words to paper. Likewise, Mr. Deshpande was very focused on the proper interpretation and application of the Civil Procedure Code that we would adopt for our litigation matters. My time in Pune and in New Delhi with R.K. Dewan & Co., was just a wealth of knowledge and experience at the time because unlike in Mumbai where there is a Counsel culture, Pune and Delhi do not operate in the same manner. I was responsible for drafting everything from top-to-bottom and I was expected to argue the as-well, I did not have a safety system like we have in Mumbai where experienced Counsels are engaged to assist in achieving the best possible outcome in a matter. It was very much a sink or swim type of situation, and thankfully I had seniors in the form of Dr. Mohan Dewan and Mr. Deshpande who ensured that I would never sink.
I think at the time while this was happening, I was not very appreciative of it but today when I look back how my career trajectory has been till now my entire core structure as a lawyer is substantially contributed to by Dr. Mohan Dewan and Mr. Ameet Deshpande, and how they took the effort to train as Litigators. In-fact its this very same training that has often come to my aid on several occasions when I’m assisting some of the best Arguing Counsels such as Mr. Ashish Kamat, Mr. Mr. Rashmin Khandekar or Ms. Megha Chandra.
You then made a transition to Khaitan & Co in Mumbai, where you worked with Partners in the IP-Litigation team. Could you share some insights into the challenges and learnings you gained during your time there, particularly in terms of working under pressure and delivering results?
My time at Khaitan & Co., was a very interesting and an important milestone in my career I feel. When the opportunity to work with the IP Team in Khaitan & Co, Mumbai, came along I was extremely excited because I got to work with some great partners such as Nishad Nadkarni, Adeesh Nargolkar and Smriti Yadav. All three (3) partners had different styles and diverse range of work, while Nishad had the most litigation matters with him, Adeesh would have technical matters before the IPAB (now dissolved) for trademark rectification or patent cancellations and Smriti would have IP Registration and Prosecution related matters, and the learning was vast and filled with opportunities which the Partners were always willing to provide and accommodate you with.
I think the first challenge I immediately faced was the fact that the Partners in Khaitan would force you to call them by their first name only which was a complete culture shock to me, and a pleasant one to add. In terms of the professional challenges that came my way during the Khaitan & Co, was the fact that I was provided with multiple opportunities to work not just in matters in Mumbai but with teams based in New Delhi and Kolkata as-well. This wide exposure allowed me to understand how each team would function and what were their basic requirements and how best to deliver, as per expectations.
Now naturally working with three Partners and multiple teams in different teams is an amazing exposure that also invites pressure for delivering the best possible outcome in the time-frame allotted. This will at times force an attorney to re-think his/ her usual course of strategy while working. Now pressure is not necessarily a bad thing because oftentimes the right amount of pressure makes one push beyond their standard limits and perform or achieve in a manner which was previously unexplored and which was the same thing that happened to me. Thankfully, I had some really great Reporting Partners, especially Nishad who would always remain calm despite including in those moments when I would make mistakes and he would have the presence of mind to not only let me know where I went wrong but what I could have also done to avoid it.
Your journey led you to Naik Naik & Co, where you transitioned from being an IP lawyer to a media lawyer. What prompted this shift, and how did it broaden your expertise in a wide variety of laws and matters?
I always thought that IP is connected to Media Law as they virtually have the same basic foundation. After spending some time working in IPR I just wanted a new challenge and wanted to try something new. Luckily, at the time Naik Naik & Co’s media Litigation team had an opening and my interview was taken by none other than Mr. Ameet Naik himself, which is very rare because he’s generally not involved in the interview process.
Mr. Naik at this point had the same question as why I would want to transition from IP to Media Law. He understood my reasons for wanting a new set of challenges and wanting to do something different and more than what I was already doing. I think it was the risk-taking factor that perhaps impressed Mr. Naik and Ms. Gadodia, and they were kind enough to offer me a position in Ms. Gadodia’s team.
The moment I was brought into Naik Naik & Co, the initial years had nothing to do with IPR, I was made to attend to matters before the Mumbai-MCA, Co-operative Society Courts, Magistrate Courts for Cheque Dishonour matters, Arbitrations for Media production companies. It was this wide range of work that allowed me to really expand my horizons beyond IPR and learn and work in subjects in which I hadn’t had the opportunity earlier. Every matter that deals with a different subject requires a different style of thinking be it in IPR, Arbitration, IBC, Cheque Dishonour Disputes and it was this exposure provided to me by Naik Naik & Co., and specially due to the faith of Mr. Ameet Naik and Ms. Madhu Gadodia, that I was able to expand my horizons and understanding of the various aspects of law. It’s no secret that work-culture of Naik Naik & Co., of throwing their Associates in the deep end for handling and attending to matters is actually the very thing that makes Naik Naik & Co., Associates so unique because the amount of exposure to work and pressure we withstand is second to none and which results in some of the best Associates getting trained from our firm.
You’ve been involved in some notable cases during your time at Naik Naik & Co. Can you share some key highlights or challenges you encountered while handling cases like Amitabh Bachchan’s Personality Rights John Doe Action or the “The Kerala Story” Pan India Litigation?
I have actually had amazing opportunities to be associated with some of the most unique cases handled by Naik Naik & Co., because of the vision that Mr. Ameet Naik has instilled in us. What most people don’t know is that the Amitabh Bachchan Personality Rights case did not happen over a course of a few days or months. In-fact the groundwork for the suit had begun during the Covid period. It was Mr. Naik who was the one who first understood that the legal framework and judiciary was ready and, in a position, to pass the first Personality Rights-John Doe order, and the only person on whose behalf we who could institute such a case who would be undeniable for this type of an action was Mr. Bachchan. This matter had Mr. Ameet Naik, very much involved with us and we were able to understand his plan of action as to how he wanted this particular case to be framed and what instances of third-party violations had to be highlighted before the Delhi High Court in order to maximise the chances of obtaining the desired result. This matter particularly for me was a great learning experience because not only was I put in a leadership role for attending to this matter but I was also led to understand the key requirements for a John-Doe style action and how important the structuring of a case was.
In contrast to the Amitabh Bachchan Personality Rights case, the Kerala Story matter which saw multiple litigations coming out in different territories in India was hands-on live master class experience on how to get prepared in a Suit in a matter of few minutes. The reason why I say this is because Media Law litigation is extremely volatile and dynamic and a Media Disputes Attorney will have a very short time to prepare for a case, usually just one day before the date of hearing because for some reason people just love filing last minute actions, but the Kerala Story litigation was just another level itself. In this matter I got personally see Mr. Ameet Naik argue the matter before the Kerala High Court (via VC) and before the Supreme Court before the CJI, what’s also unique is that while these matters were happening we were also getting notifications of multiple litigation proceedings being instituted in different High Courts in different States. All of these matters were just beautifully steered and handled by Mr. Naik and Ms. Gadodia, in which I had a front row seat to be involved and learn from the best, which has immensely contributed to my understanding and growth as a lawyer.
As someone who has progressed in the legal profession and gained recognition for your work, what advice would you offer to fresh law graduates who are just beginning their legal careers?
When I was starting my career as an IP Specialist in R.K. Dewan & Co., a lot of people shared their opinions with me on how starting your career in a specialization in a particular field as a very bad idea and how I would never get to learn enough. Then when I made the decision to transition from IPR into Media Law, I had to again hear the opinions of people who suggested that after having gained a specialization I would not be able to cope-up and work in general law. Both opinions, while valid, turned out to be wrong because I was able to prove that they don’t apply to me.
The reason why I share the above is because if there is a law student out there or a fresh graduate and if you are feeling the pressure of doing something safe or tried and tested then they should know that they don’t have to bend according to these so-called pundits’ opinions. No one can measure your ability or know the extent of your affinity towards a subject better than you alone. Have faith in yourself and be bold enough to take a risk with your career. There are no conventional or unconventional paths to take in law or in life, you are walking your own path alone and you alone can decide where you want it to lead you.
On that note let me leave you with Steve Job’s quote stated in 2005 during the Stanford commencement address “Stay Hungry, Stay Foolish”.
Can you tell us about your journey into the field of law and what inspired you to specialize in technology, media, and telecommunications (TMT) and financial services regulation?
There is this common saying that if one can’t do engineering or medicine in India, they end up doing law. While that may not necessarily be true for most people in our industry, to a large extent that does hold true in my case. I am not going to say that I always dreamt about becoming a lawyer or that I was extremely passionate about the law, because that would be a lie. I was an average student at school, especially when it came to subjects like physics and maths, and so by the time I finished my Class 10th boards, I knew I had to end my misery and opt for commerce over science in Class 11. By opting for commerce, I had automatically ruled out engineering and medicine as career options, both of which till date, but even more so at the time, were considered the most sought after and ever green career prospects one could have. Thus, it was only in Class 12, after little deliberation, did I know that law is it for me, and that’s not because there was a lack of choice in the field of commerce, but it was what interested me the most out of the options I had in hand.
My encounter with TMT was almost similar to that with law, it didn’t happen voluntarily, but like law, I am extremely happy that it did. I started my legal career as a general corporate lawyer who did anything from drafting and reviewing general commercial contracts to advising on complex regulatory queries, assisting with fund raise, mergers and acquisition and working on technology and employment law related work mandates as well. I spent a considerable time of my career especially my early to mid-years in the profession exclusively working on some very exciting and interesting PE/VC and M&A deals in different industry sectors. While I thoroughly enjoyed working on high value transactional work, after a certain point, for various reasons, I felt the need to explore new opportunities and seek change, which is when I was offered the opportunity to transition full time to the technology and corporate advisory practice group at my firm, where I have since, worked on some very interesting matters in the field of e-commerce, technology (specifically fintech and insure-tech) and data protection related mandates, while continuing to work on a lot of general corporate advisory matters.
With over 9 years of experience advising clients in different sectors, could you share a specific project or case that had a significant impact on your career and the clients you served?
It is extremely difficult to pin-point and pick one project or matter that stands out. There have been so many great projects that I have had the good fortune to be a part of. Some where the kind of work itself has been disruptive and cutting edge, while others where the work or business model in itself may not have necessarily been the most exciting, but the scale at which the business grew or the impact it had on the masses or the kind of targets such businesses may have met, despite the several roadblocks and hurdles it faced along the way, is what made such success stories extremely satisfying to watch. What in particular has been extremely gratifying personally is witnessing the meteoric rise and growth of several of the start-up clients I have been fortunate to work with as their external counsel. I have been incredibly privileged to have assisted several clients right from the days of their incorporation and seed investment to this date, where some of them have even gone on to become unicorns in such short spans of time. A few of the clients that I have worked or work with include Upstox, Groww, Google, Makemytrip, Mediassist, Air India, Licious, Big Basket to name a few.
You have worked on a wide range of topics in the legal field, including data protection, cybersecurity, fintech, and emerging technologies like blockchain and AI. What drew you to these areas, and what do you find most exciting about them?
It was never going to be easy to not be drawn into the revolution of technology playing out in front of me. Having grown up in a generation that witnessed the birth of laptops and mobile phones in India and the constant transformation of various technology and products, be it storage devices for instance- starting from floppy disks to CDs in the 90s and then to pen drives and hard disks in the first decade of the 21st century to now being almost entirely replaced with online servers and virtual data rooms and cloud storage services, where the need for an external hardware itself has almost been made redundant, technology in its various forms and facets have always peaked my interest. A decade ago, when I was in law school, I hadn’t even heard of the terms ‘Blockchain’ or ‘AI’, let alone be interested in them, but today, I receive applications from law students across the country expressing their desire in pursuing a career specifically surrounding disruptive technologies like AI, blockchain, Big Data, Metaverse amongst others that were almost unheard of not too long ago. While many of these concepts are relatively new and have come into prominence only over the past few years, the pace at which technology and the legal landscape around it has evolved in such a short span of time, is extremely exciting to witness. The number of initiatives taken by the Indian government in the recent past, has played a major role in creating and supporting so many new age service offerings, which for me as a tech lawyer, consistently keeps me engaged, enthused and optimistic about the tremendous growth opportunity and potential that the tech space has to offer to the large digital consumer base in India, as well as the various stakeholders in the field, which includes tech developers as well as tech lawyers like myself.
You have been recognized as a recommended lawyer by Legal 500 and a ‘Rising Star’ by IFLR1000 in the field of ‘Financial Services Regulatory’ in India. What do you believe sets you apart in this highly competitive and dynamic field of law?
I would like to believe that the small recognitions and little success I have been fortunate to have witnessed thus far in my career is down to a lot of luck and hard work. Sometimes you need to be lucky to be at the right place at the right time, under the right circumstances and to be exposed to the right opportunities, for things to work out, and I believe I have been fortunate that way. Luck will however only take you so far without hard work, dedication and ambition. As cliché as it may sound, there really is no substitution to hard work. All of that said, the recognition and success would not have been possible without a strong support system at the back end, whether it’s a team that makes you look better than you are, family and friends who have to put up with you cancelling plans or constantly cribbing, or even clients that have been very supportive and generous with their feedback and wishes over the years. I have also been blessed to have had great mentors along the way, each of whom have in some way or the other played a major part in shaping my career and ensuring where I am today. I have also been fortunate to work with some excellent lawyers both in the organisations that I have worked with as well as counterparts on various matters, most of whom have inspired me in some way or the other.
Your work includes policy and advocacy initiatives, and you’ve submitted stakeholder comments on consultation papers issued by regulators. Can you talk about the importance of legal professionals engaging in shaping regulations and policies in the technology and financial sectors?
I cannot stress enough on the importance of engaging with regulators on a regular basis. As a lawyer who advises several big and small companies in different sectors, I often see challenges our clients face when it comes to either launching a new product or taking decisions over some of their existing businesses, specifically in regulated businesses like insurance, finance, healthcare and education among others. This is largely because of the lacuna that remains around the operation of several new age businesses within the existing regulatory framework. This could be down to the regulators not having accounted or envisaged for the kind of business models and businesses that exist today, back when they formulated the law, or it could simply be on account of the rapid evolution of the business landscape outpacing the existing legal framework. Almost every service offering that is either provided in a regulated sector or offered in some way or form in connection with a regulated entity is either already regulated today or is proposed to be regulated in some manner. It thus becomes very important for the government to interact with actual stakeholders of a particular industry and vice versa, before a law can be passed so that each relevant stakeholder that is impacted by such law has expressed their inputs and concerns around the framework proposed to be brought in, before it becomes a law. As a consultant to several impacted clients/businesses and also independently as a lawyer that practices in areas that such law pertains to, we often engage in discussions with regulators either by meeting with them in person or writing to them either where we outline our views and provide our inputs and comments on the relevant bill/subject, while being mindful to ensure that the governments objective behind regulating such a business/subject in a legal and sound manner is not jeopardised in anyway. These discussions with regulators can go a long way in securing the interest of all the impacted parties, whether it is the customer, the business or any third person impacted by such regulations.
Looking back at your career, can you share a particularly challenging or memorable moment that taught you a valuable lesson or significantly influenced your professional growth?
You learn something every day in this profession. It could be learnings from mistakes you make at work or it could be adopting and applying something new that you have learnt, heard or come across during interactions with your peers or clients. A big learning on a non-professional front which ends up playing an important part in the long-term sustenance of your professional career would be on how to manage a good work life balance and yet deliver on expectations at work. That is still a work in progress personally for me, but I believe striking that balance becomes key to ensuring that you do not burn out and continue to be motivated in a field that is otherwise often associated with long work hours and a lot of hard work.
You’ve advised start-ups, venture capital funds, and established companies. What are the key legal considerations that emerging tech companies should keep in mind, and how can they navigate regulatory complexities in India’s evolving legal landscape?
Most clients I interact with today in the concerned space are extremely knowledgeable and fully ingrained even in the regulatory side of the business, which makes my job as a legal consultant easier as my work is sometimes reduced to validating their understanding of the regulated space. Such is the passion that new age entrepreneurs come with. That said, the law can be too complex for most people, which is why most of the bigger companies that we cater to are ably supported by a large group of advisors both inhouse and external (like us) while the smaller companies often rely on our expertise and advise to navigate through the legal complexities that remain in several industries. The legal landscape like you rightly pointed out is ever evolving with the changing business landscape. Accordingly, as lawyers we ensure that as the business of our clients grow and as they diversify into different sectors or launch new products, their respective policies, compliances, and agreements in place are revisited and updated as required to counter the different legal hurdles that they may be subject to.
Can you tell us about your journey into the field of law and what inspired you to pursue a career as an Advocate and Solicitor in both India and England & Wales? Coming from a generational family of lawyers, taking up law as a profession was a default option. However, after completing my graduation in Political Science (Hons.) from Delhi University, I initially dabbled in venturing towards doing something Information Technology or Business Administration, but not getting the college of my choice I finally decided to pursue law. By the time I made my decision, the entrance exams for both IP University and Campus Law Center, Delhi University were over, so I took up admission at Mewar Law College, C.C.S University. Looking back I regret that despite the opportunity I never interned with any law firm or Advocate during my studies at the law college.
After completing my graduation I read law in the chambers of Sr. Counsel Mr Arun Bhardwaj for almost 6 years and practised both on the Civil and criminal side during which I had secondments with both English and Singapore law firms, and then in 2013 I joined my current law firm Karanjawala & Co, I am very grateful to Mr Raian Karanjawala who gave me the opportunity to sharpen my legal skills in my current firm which I call the “AIIMS” of legal practice, because of the sheer amount of diverse matters one gets to handle ranging from complex commercial disputes, PIL, writs petitions, etc to family disputes and one is exposed to the whole spectrum. My supervising partners, Debmalya Banerjee and Meghna Mishra, also deserve credit for their priceless guidance and mentorship.
Credit goes to my father who encouraged me to become a Solicitor as after completing of LL.B., we discussed the possibility of doing an LL.M. However, I was not keen to do further studies, so he suggested that I should sit for the Solicitors conversion test and simultaneously work with either English or Singapore law firm for some time abroad to broaden my horizons. I qualified as a Solicitor after taking the erstwhile conversion test known as the Qualified Lawyers Transfer Test (QLTT) in 2010 and my experience working at Clyde & Co, London gave me key insights into the life of an English Solicitor. Following my secondment at Clydes, I had the privilege to join Rajah & Tann in Singapore where I worked under the current Chief Justice of Singapore, Mr. Sundaresh Menon SC, as well as Jainil Bhandari, Partner in Admiralty & Shipping, and Prakash Pillai, Partner in International Arbitration and then later on I continued my professional journey at Herbert Smith Freehills, under Mr. Nicholas Peacock, Partner in Arbitration.
Just before the Covid 19 pandemic, I submitted my application via The Experienced Practitioner Route (EPR) to become a Fellow with the Chartered Institute of Arbitrators (CIArb) which is the world’s largest community of alternative dispute resolution (ADR) professionals, and in 2020 after review of my application and interview by the main office at London, I was inducted as a Fellow.
With around 15 years of experience in civil & commercial litigation, arbitration, and corporate matters, could you share some key highlights or memorable cases from your career that have had a significant impact on you?
Sure, let’s start in a descending timeline, in 2022, it is every lawyer’s aspiration to brief and assist Mr Fali Nariman, Sr. Advocate who had been on hiatus for quite some time, my chance to brief Mr Nariman came during the COVID pandemic in 2022 when Mr Nariman agreed to appear for Surat Parsi Panchayat Board before the Supreme Court who were seeking a traditional burial of Parsi Zoroastrian Covid-19 victims. From the initial preparation of the special leave petition to the final disposal of the matter, Mr Nariman even at the age of 94 is full of energy and spent a great deal of time and energy going through every document. Mr Nariman used to dictate numerous notes, which he used to consistently amend to make them as concise as possible for the Bench. My big takeaway is to consistently think about your case as with the passage of time you are able to articulate the material facts required for the applicable rule in a concise manner.
The culmination of a successful arbitration (Government Of NCT Of Delhi. Vs. M/S Shonkh Technologies ) that started from seeking an injunction (Section 9 of A&C Act Petition) against the termination order passed by the Transport Department, Government of NCT in 2013 against our clients- Concessionaires. Due to the sheer volume of documents we had to sift through and collate them in a logical manner in relation to our claims with the various Sr. Advocates that were briefed in the matter starting from Mr Gopal Subramaniam, Dr. Abhishek Manu Singhvi, Mr Sandeep Sethi, Mr Saurabh Kripal and Mr Chinmoy Sharma, gave me a front row seat the manner in which the said Sr. Advocates muster and applied law to common facts, their legal strategy has been invaluable in my growth as a lawyer. The case is memorable as the client reposed faith in me and referred me to subsequent matters.
During my initial days of joining Karanajwala & Co I was marked on an ongoing writ petition against an Insurance Company that had unilaterally deleted rain cover for a cricket match and subsequently repudiated the insurance claim. After two concurrent findings by Delhi High Court that writ petition is not maintainable, we were able to successfully persuade the Supreme Court to set aside the concurrent findings. This case is memorable as we developed the parameters for invoking writ-large jurisdiction concerning insurance policies, rather than resorting to alternative remedies.
I have had the best time working at Barlow Lyde & Gilbert now known as Clyde & Co and I express deep gratitude to my supervising partners Mr Richard Black, Eurof Lloyd Lewis, Patric McGonigal, Jeb Culow and colleagues Lyall Hickson, Leon Alexander and Kenzia who involved me in their matters, encouraged me and were patient in clarifying my numerous concerns.
During my tenure in the Marine Energy & Trade department at Barlows, Mr. Black engaged me in the Elektrim SA v Vivendi Universal SA case, which was a multi-billion-euro dispute ranked by American Lawyer magazine as the 11th largest arbitration in the world in the year 2008. As this matter had only a limited number of associates involved due to its focus on insolvency issues and compliance with EU Regulation No. 44/2001, rather than shipping-related disputes. So Mr Black involved me and I had the chance to undertake various tasks preparing notes for the hearing, from drafting witness statements & procedural applications, bundling & filling, attending conferences with Barristers and Kings Counsels such as Gabriel Moss KC, Richard Millett KC & Julian Kenny KC, court hearing, etc.
I recall that in one of the hearings before the Commercial Court, Royal Court of Justice, Mr Toby Landu KC who acting for the Vivendi Universal SA during his submissions quoted from the book- EU Regulation on Insolvency Proceedings which was incidentally authored by Gabriel Moss KC who was leading us in the same matter which lead to a series of amusing comedy of errors during the hearing.
One of the other big matters- Congentra AG v Sixteen Thirteen Marine SA (The “Nicholas M”) in which assisted & acted for the Russian Charterer- Congentra AG against the Greek Shipowners-Sixteen Thirteen Marine SA who had instituted London arbitration proceedings and obtained attachment order in New York in support of their arbitration claim. We counterclaimed that the attachment order was wrongfully obtained and the injunction should be discharged. We were led by Richard Southern KC, Richard Walker KC and Anna Gotts. Leading up to the dispute the emails were exchanged from different parts of the world so to get a real sense of the timeline I remember we had to cross-reference each email with the corresponding UK, Russian and New York time.
You are the Director of the Federation of Indian Corporate Lawyers (FICL), a not-for-profit organization. Could you tell us more about FICL’s mission and the role it plays in the Indian corporate legal community?
Yes, FICL (www.ficl.org.in) was incorporated during the Covid pandemic in 2020 as a not-for-profit company. FICL’s vision and mission are centred around becoming the leading advocate for corporate lawyers in India. We aim to facilitate the sharing of legal expertise among the Indian corporate legal community while promoting the highest professional standards and offering valuable developmental opportunities for in-house lawyers and legal professionals in India to enhance their skills and expertise. To that effect, FICL released “FICL Code of Ethics & Standards of Professional Conduct for In-House Lawyers’ ‘(“FICL Code”) during its Inaugural “FICL 1st Corporate Lawyers Summit 2022 held in New Delhi. FICL Code aims to provide general guidance on the ethical and professional standards to the In-house corporate lawyers community in India.
This year Justice Navin Chawla (Delhi High Court) released the results of India’s first “Survey on Dispute Resolution in India” undertaken by FICL & Centre for Trade and Investment Law (CTIL) during FICL’s annual one-day conference “DELHI DISCOURSE 2023”.FICL signeda Memorandum of Understanding with the Singapore International Arbitration Centre (SIAC), Beihai Asia International Arbitration Centre Pte Ltd (‘BAIAC’) to promote international arbitration as a preferred method for resolving international disputes. FICL also supports seminars of ICC, SIAC, IPBC, ACGC, Singapore Academy of Law, АРАС, etc for wider reach and participation of key stakeholders.
In 2022, you were recognized as one of the Forbes Top 100 Individual Lawyers in India and received the Lex-Falcon Global Award for Outstanding Achievements in the Legal Industry. What do these recognitions mean to you, and how have they influenced your career?
These recognitions hold immense personal and professional significance for me, as they validate the dedication and effort I have invested in my practice. They serve as a powerful motivator and a source of pride, not only for myself but also for my team and my current colleagues Kartik, Nicholas, Anmol and Shreesh who have supported me along the way. Moreover, these accolades have had a substantial impact on my career trajectory. They have enhanced my professional reputation and opened doors to new opportunities. For instance, they have facilitated networking with like-minded professionals, leading to collaborations and partnerships that have further enriched my work.
Your professional journey has taken you to law firms in India, London, and Singapore. How has working in these diverse legal environments shaped your perspective on the practice of law?
I consider myself fortunate to have had the opportunity to work in diverse legal environments, which has greatly enriched my legal skill set. For example, in the UK, it is common for English Solicitors to engage in settlement negotiations and discuss the merits of a case without prejudice before it proceeds to a hearing, as the prospect of bearing actual and punitive costs in the event of loss weighs heavily on the parties involved. Likewise, I have observed that the legal practice in Singapore tends to be characterized by its clinical and direct approach. All in all, my experience of working in leading law firms across different parts of the world has provided valuable insights into their approaches and behaviours in different situations.
You’ve been involved in a wide range of legal matters, from representing corporations in arbitration to dealing with government regulations. Can you share some strategies or insights you’ve gained for effectively navigating complex legal landscapes?
Whilst navigating disputes complex or otherwise, what I have learned is to develop a central theme like a tree trunk and then to categorise all the ancillary, supporting points like branches. This is also useful for complex legal issues where you can compartmentalize your key premises by using deductive and inductive reasoning methods as to why the court should rule in your favour. One should use a visual representation of a complex problem/ transaction by way of charts, diagrams or photographs which break down a big issue into bite-size issues which are easy to understand.
In drafting with the advent of cut-copy-paste, there is always an inclination to paraphrase and verbosity does not help either your clients or the judges so keep it concise. If you represent the Plaintiff- use active voice and vice versa for the Defendant. As mundane and time-consuming as it may be, make it a point to peruse through all the correspondence, documents, etc yourself and not solely rely on the client’s inputs.
It’s prevalent for English solicitors to maintain a case diary/logbook, which basically is a notebook in which they pen down their case notes, client conferences, conferences with Barristers, coordination, etc which serves as a time capsule and it can be referred back for clarification, itemising memos, etc. This practice I believe one should inculcate.
Can you discuss any trends or developments in the legal industry that you find particularly interesting or noteworthy, especially in the context of India and international practice?
Technology Adoption: The Indian legal industry has increasingly adopted technology solutions for tasks such as e-filling, document review, research, case management, VC hearings, etc in the aftermath of the confinement during the COVID-19 pandemic. The usage of technology and artificial intelligence to streamline legal processes and improve efficiency is a trend that will continue to grow.
Entry of foreign law firms in India: The much-awaited entry of foreign law firms this year by BCI is a big development that has happened this year. As these foreign firms establish a presence in India, a demand for local legal expertise in areas such as transactional and corporate law, JV, M&A, intellectual property, contract drafting, etc would emerge. The inclusion of foreign law firms in active participation in arbitration cases in India in form of either venue or seat will contribute to India’s potential to become a prominent international arbitration centre akin to London and Singapore. Simultaneously, this would open doors for Indian legal professionals to engage in arbitration activities abroad, presenting substantial prospects for them.
Alternative Dispute Resolution (ADR): India is ranked the fifth-largest economy in the world which is fuelled by mega infrastructure projects, Services, IT, manufacturing, etc. Consequently, the momentum of this booming economy often translates into an increase in commercial disputes. Resolutions of commercial disputes through arbitration and the newly enacted The Mediation Act are popular ADR methods. Furthermore, making India the hub of International Arbitration has been one of the pioneering initiatives of Prime Minister Shri Narendra Modi. So I do see a huge potential in this area.
Finally, as someone with a wealth of experience and achievements in the legal field, what advice would you like to give to fresh graduates who are just starting their legal careers and are eager to make their mark in the profession?
I am reminded of what a KC said to me when I was delivering hearing bundles at his chambers he asked “What is the similarity between mushroom and trainee solicitor” after a few moments he replied, “Both are kept in the dark and fed shit”. My advice to recent graduates is to prioritize the finer details, such as organizing paperwork in accordance with court records and staying in regular communication with your seniors regarding case progress or when things go south. These are the qualities that will make you stand out and your Seniors will entrust you with greater responsibility. Make a habit of writing legal articles periodically. The rest is about embracing your legal journey with a touch of humour and paying attention to your mental health.
Ma’am, please tell us about your journey and how you ended up pursuing a career in law? What motivated you to choose this profession?
I come from a non-lawyer background. After finishing school, I was almost about to join Delhi University for a degree in economics when my mother suggested me to attempt giving entrance for law. I went ahead, gave a few entrance exams (no CLAT back then), got admission in a couple of law schools and joined Amity Law School (GGSIP University) as it was in my hometown Delhi. It took a few semesters to know ‘law’ as a subject and then internships to know how it is practiced. Back in law school my subjects of interest were company law and IP, and when I started writing blogs while in law school, I started enjoying these subjects so much so I pursued corporate laws since then, with an inclination towards commercial contracts.
Your field of practice includes general corporate, M&A, and corporate advisory. Can you explain your role and core practice areas in more detail? What kind of work do you typically handle within these areas?
General corporate as a practice area is vast. My core practice areas are handling acquisition transactions, domestic as well as cross border, both from sell side and buy side – this would include conducting due diligence (on the target or a vendor diligence), handling transaction documentation; handling disinvestment transactions; advisory and structuring foreign investments; advisory on a wide range of corporate and commercial law matters for listed and private companies, including company law and SEBI regulations with core focus on regulations on listing, insider trading, and takeovers.
Transaction structuring and drafting transaction documentation seem to be a significant part of your expertise. Could you elaborate on the types of agreements and documents you typically deal with?
Each transaction involves detailed structuring, which depends on a lot of factors such as the objective of the transaction, funding methodology, residency status of parties, legal restrictions including permits from regulatory authorities, tax implications etc. Once the transaction framework is finalised, parties proceed to execute the transaction documents (commonly referred as definitive agreements). It is preferable to first negotiate and execute a term sheet wherein the parties agree broadly on the terms and conditions, and follow up the same with detailed definitive agreements. The type of definitive agreements to be executed depends on the transaction – whether a share transfer, share subscription, asset transfer, business transfer, merger, demerger etc. I primarily handle transaction documentation for acquisitions and restructuring, for listed and private companies, and have also handled prominent disinvestment deals involving public sector companies. Transaction documents I usually draft include share purchase agreements, share subscription agreements, asset purchase agreements, business transfer agreements, joint venture agreements, business cooperation agreements, framework agreements etc., along with several ancillary documentation. The drafting style varies based on who you are representing, the objective, facts and circumstances of the matter, and seek protective provisions accordingly.
Due diligence is an essential task when evaluating a transaction. Which sectors have you conducted due diligence reviews for, and what are the key aspects you look for during the process?
Yes, due diligence is an essential part of an M&A transaction and is highly recommended. It is only when a due diligence review is conducted, that an investor gets to know the target closely and can help negotiate the deal and include protective measures in the transaction documents. I have conducted diligence review on several companies engaged in sectors such as manufacturing, power, healthcare, FMCG; services; hospitality; IT etc. A legal diligence report is an encyclopaedia on the target’s legal compliance status, and typically involves a review of the target’s corporate compliance, contracts, licenses, employees, properties, intellectual property, litigations etc. Transaction document negotiations depend a lot on the outcome of the diligence. In a diligence, one highlights to the client any risks they may face if they into the transaction. It is very important to highlight solutions/ mitigation for each risk highlighted in the report without which the report is certainly incomplete. It is also necessary to ensure that diligence is completed in a time bound manner so that the definitive agreements are negotiated and executed taking into account any risks.
What advice would you give to fresh law graduates who are just starting their careers? What are some key qualities or skills they should focus on developing?
Fresh law graduates must remember that first and foremost it is important to be and remain focused. Spend the initial years of your career in developing a deep understanding of your practice area and the laws relating to it. I know that in the initial few years, there are many lawyers who get confused on which practice area to choose. Now here comes the role of your seniors and also your patience. Be willing to explore, but be patient to learn and put in 100% effort. If you still think you need a change, do that, provided you again put in 100% effort. In law, never comes a day, when you can say ‘I know it all’ – and so is probably in every field, so keep learning everyday and keep updating yourselves. What is also important is to never get disappointed. It is a long journey and there is space for all. Some key qualities or skills if you ask me are: discipline, willingness to learn, updating yourself every day, hard work (also smartwork), being a team player, and time management. To all the fresh law graduates – keep up the enthusiasm and yes, you have chosen a great profession and you are going to get into a great professional journey.
Was pursuing law planned or did it all happen by chance?
I would say it was planned for as long as I can remember. When I did not score the desired rank in my CLAT examination, I decided to do law post-graduation. I studied B.Com (Hons) at Shaheed Bhagat Singh College, Delhi University and thereafter, took admission in Campus Law Centre, University of Delhi. I have always been inclined towards litigation and so far I think it is working out well for me.
Please enlighten our audience about the initial struggles in your career and how you managed to overcome them?
I have been very fortunate both in terms of having the absolute freedom in my career choices and finding the right opportunities. I started my professional journey with Wadhwa Law Chambers as an IP Associate.
Despite working in a relatively niche field of law, I was exposed to all kinds of work ranging from general advisory, commercial litigation to transactional work. Additionally, smaller teams ensured significant contribution in every matter.
I just feel that as a first generation lawyer there is certain lack of insight or clarity one has in figuring out their career goals. That being said, everyone has different journeys and law being the dynamic profession it is, every opportunity irrespective of the organisational structure or area of practice is worthwhile.
The only major struggle for me (as well as my peers) has been to achieve a work-life balance, which generally becomes impossible in smaller set ups. This problem is also supplemented by our own deep-rooted conditioning and seeking validation in overworking. I think having a healthy professional relationship with your senior(s) is significant in resolving any such workplace issues.
What are the most important considerations to keep in mind when dealing with IPR and Tax issues?
That’s a very wide question given the range of IP rights and Tax statutes in India.
To answer it briefly, I would say insofar as IPR is concerned, understanding the overlap between various IP rights is extremely important. Additionally, in any intellectual property issue, whether litigation or transactional, the foremost consideration is determining the scope of the IP right involved.
Again, taxation has a very wide domain. While having a basic understanding of the tax implications, statutory timelines and compliances is a prerequisite to any tax dispute, one needs to be updated with the ever growing developments, jurisprudence and amendments. Circulars, Press Releases and Notifications also assume a significant role in understanding taxation issues.
What are the most prominent challenges that you have come across while dealing with Tax and IPR Transactions?
Both Tax and IPR happen to be slightly technical fields and as such breaking down the legal issues is always a challenge. Lack of substantial precedents with relatively new enactments such as the GST Act poses another challenge. For that matter, even the concepts of Design law are still not well-settled in India.
Deepika, how do you ensure that clients’ intellectual property is adequately protected, and what are the basic compliance procedures one has to work upon?
I have personally witnessed a growing awareness about the importance of intellectual property (particularly trademarks and copyright) amongst upcoming business and entrepreneurs. Brand protection is finally being considered paramount amongst businesses, who not only seek to protect their brands but also understand the legal consequences of intellectual property violations.
The basic idea is to start early and secure statutory protections. The importance as well as effectiveness of IP Prosecution cannot be underestimated.
What are the most common mistakes you see businesses make in IPR nowadays?
Like I said, businesses, irrespective of their size and operations, are increasingly becoming conscious of intellectual property rights. However, not acting early enough both in terms of protection of one’s IP rights and initiating actions for any infringement/violation poses significant problems.
Besides this, businesses need to be extremely wary of loosely-worded agreements whether it be licensing, settlement or even employment contracts insofar as they pertain to ownership of the IP rights.
What resources do you recommend for staying up to date in law? Any blogs that you always keep an eye on?
Insofar as the general and daily legal updates are concerned, dedicated legal news resources such as Bar and Bench and Live Law already cater to a significant audience which even includes non-lawyers/legal professionals.
For developments in the field of IP law, I find SpicyIP and IPWatchdog very interesting. For that matter, LinkedIn has now become a great source for legal updates. More often than not, I find myself looking for a case law on LinkedIn because I recall scrolling past something familiar on the platform. What is really great about LinkedIn is that its not just independent practitioners or firms sharing daily updates but law students having an inclination towards IP.
If your university or office have a PTC subscription, I would always recommend skimming through it.
Deepika, you’ve been quite active in these IPR dealings, but lately we are witnessing the evolution of Metaverse and NFT, according to you how will it affect the legal industry?
I feel with every technical development/evolution, comes in the legal disputes. Internet and e-commerce have opened floodgates of litigation with IP disputes constituting a major chunk of it. Similarly, copyright and trademark issues particularly, one concerning the ownership of such IP rights in NFTs seems imminent.
“As dependency on tech and AI will increase, issues pertaining to security and privacy will also witness an increase”, please throw some light on this statement.
That goes without saying. Digital footprints and access to personal data invariably leads to security and privacy concerns. While it is impossible not to move along with these technological developments, we will have to educate ourselves of all the possible repercussions.
Just last week, there has been a lot of discussion on privacy issues concerning the Lensa AI mobile app which is being used by several celebrities/influencers across social media platforms for sharing their AI generated “avatars”.
Any 5 best pieces of advice that you would love to give to our readers?
Well, here are the five takeaways from my experience so far:
–Constantly reassess your growth and goals.What gives you work satisfaction today, may not tomorrow.
–Insofar as possible, work on all sorts of matter and donot pigeonhole yourself.
–A law degree does not necessarilytranslate to litigation so explore your avenues.
–Professional work ethics and accountability goes a long way.
–Lastly and most importantly, break out of your legal circle every now and then. Meet your non-lawyer friends, engage in discussions about anything but law. The idea is to expand your horizons and avoid the burn out.
Coming from a business background, how did you gravitate towards the law? What other career would you have chosen, if not law?
From my early days, I was intrigued by the corporate world and wanted to be a professional instead of continuing my family business. As part of career counselling, law was identified as one of the professions’ I had the skill set for, maybe, due to my problem solving and persuasion skills. My parents always encouraged me and gave me full freedom to pursue any career of my interest. They supported me in all ways when I decided to pursue law as my career. Since my childhood, I was inclined towards computer games and also had an imaginative mind. So, if not law, I would have enrolled myself in a game designing course.
It is said that getting a mentor is the first step towards attaining success. How true do you think the saying is? Do you think a mentor plays a crucial role in the growth of a person? What type of mentor would you suggest for a law student?
I completely concur with the above saying, indeed I was lucky enough to get mentors in my life who had seen more talent and ability in me than I myself would have seen and helped in bringing out the same. They gave me an opportunity to work and assist them on big-ticket and complex transactions at a very early stage. I was made part of each and every phase of the transaction from the very beginning of my career so that I could learn in its entirety. I truly believe a saying that mentoring is a brain to pick, an ear to listen and a push in the right direction. In my view, every law student should have a mentor who is approachable, non-rigid, a good listener, non-judgemental, eager to invest in others, able to give honest and direct feedback. I am also fortunate enough to become a mentor for other law students now by becoming a mentor at Mentorology.
Litigation is notoriously time consuming and unpredictable. What changes according to you should the litigation sector imbibe to truly turn into the fundamental learning place for an advocate? Is struggling in the litigation sector worthy of effort?
In my view, one of the perennial reasons for excessive delay in delivering judgements is the ease of adjournments. Although Supreme Court had advised and Civil Procedure Code has enough provision for the imposition of realistic costs for every adjournment, costs are rarely imposed and therefore, litigants and their counsel think nothing before asking for an adjournment. Further, the registries of the courts are tasked with the judiciary’s administrative functions. Administrative support functions needed by the judiciary, identification of process-related inefficiencies and advisory on legal reforms, should be delegated to a specialised professional agency that has administrative expertise, specialisation, modern management practices and technologies. Also, a massive house-cleaning exercise in every single court to identify cases that are infructuous or not worth pursuing will surely reduce the pendency of legal cases. Indian legal system is also required to adopt technology and artificial intelligence in every phase of functioning.
Most of us struggle with pursuing different courses at a time but you pursued the Company Secretary course and Master in Business Laws while you were pursuing your law graduation. How did you manage to pull it off? Can you tell us a bit about your study pattern, and would you like to share a few tricks to ease the learning?
The mantra I always used to sing while studying is to read as much as possible and re-read it at regular intervals. Always remember, play when you play and study when you study. Being focused in every moment is very important and challenging at the same time in today’s age of cell phones and tablets. Underlining keywords with different colours and complementing the study notes with mind maps will surely reduce the time in memorising the legal concepts. One should also inculcate a habit of reading bare acts, being the holy water of law, and judgements from college time itself.
You worked for almost 9 months as a Paralegal at ARA LAW, a boutique law firm and later you were handed a PPO. Can you share about your job responsibilities of both while you were a Paralegal and later on when you landed the job?
I was never a morning person until I joined ARA LAW and used to reach the office an hour early. Every day before office hours began, I used to read the latest updates to existing laws, important judgements, legal news, etc. and used to discuss the same with my seniors, as keeping abreast with the rapidly changing corporate legal environment is essential for any lawyer. As a paralegal, I also used to research, attend and take notes of the calls/meetings, proofread agreements and make summaries of agreements/documents provided by the target entity for due diligence purposes. I have always believed in doing work diligently and sincerely without thinking much of the outcome. My work spoke for me and as a result, I was offered PPO by ARA LAW. As a lawyer, I used to assist my seniors in drafting and revising the transaction documents, preparing the due diligence reports, drafting legal opinions, etc.
Can you tell us a bit about your current job role and responsibilities?
As a transactional lawyer, I wear several hats in the process of working through a deal i.e. an advisor, mediator, negotiator and drafter. I provide advice on matters relating to M&A, strategic alliances, regulatory aspects, etc, prepare reports and opinions on diverse corporate matters relating to Companies Act, FEMA, SEBI regulations, stamp duty, etc., handle legal due diligence exercise, negotiate the transactional documents, drafting, vetting and execution of all the transactional documents. One of the biggest challenges and at the same time, most exciting aspect of M&A practice is that your schedule is exceptionally uncertain and highly variable in terms of intensity. I am fortunate enough to lead a team of associates who are extremely capable and flexible enough which makes my life easy when we are faced with an accelerated deadline.
You have led several acquisition deals like Patanjali’s acquisition of Ruchi Soya, acquisition of Innov8 by OYO, Lemon Tree’s acquisition of Keys Hotel and more. What were your key experiences/takeaways from these acquisitions?
The sound understanding of commercial and business complexities besides the legal intricacies of a long-drawn M&A transaction and precisely communicating the same to the client as well as the other side while negotiating the deal is a bedrock skill that cannot be dispensed with. Further, a corporate lawyer is expected to think and reach with the same sense of adventure as that of his client as in the corporate world, there is no decision making without an element of risk. At times, in M&A transactions, you are faced with seemingly insurmountable obstacles wherein you have to train yourself to not merely focus on the specific issue at hand but also you have to consider every possibility, never being dismissive of anything and think out of the box to steer your client through the M&A deal. Further, we need to be highly responsive to clients and comfortable with interweaving work and personal life because of the technology we have today.
What will be your parting message to our young lawyers?
I have heard several times from young lawyers that they ‘do not understand’ their seniors or ‘have no idea what is going on’. Bizarrely on the same knot, they also shared that they do not address their queries and issues with their seniors. Establishing an open channel of communication with seniors would certainly help you in setting the work environment straight. These seniors can also show you the ropes and take you under their wings. As young lawyers, we are often driven to learn as much as we can and as fast as we can. Blinded by the thirst to improve, often we find ourselves volunteering to take on voluminous tasks which we may not be able to execute effectively. In case you find yourself in such a position, speak to your superior in advance, instead of attempting to move mountains in a short span of time. At the same time, remember always that the grind in the early years will pay off in the long years ahead in your practice. Focus all your energy on working hard. Attention to detail is also indispensable for any corporate lawyer as small mistakes could significantly cost a lot to your clients (and your organisation) and therefore, it is an absolute must for you to work on this quality from the start.
