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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    Get in touch with Vikramsinh Yadav-

  • “Hard work pays off… ‘Fall down seven times, Stand up eight.” – From Mumbai’s Legal Haven to Dubai’s Dispute Resolution Hub: Adhiraj Malhotra, Managing Director at Singularity Legal

    “Hard work pays off… ‘Fall down seven times, Stand up eight.” – From Mumbai’s Legal Haven to Dubai’s Dispute Resolution Hub: Adhiraj Malhotra, Managing Director at Singularity Legal

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

    Your journey from Government Law College, Mumbai to becoming a Managing Director at Singularity Legal in Dubai is quite impressive. Could you share some insights into how you started your career and the pivotal moments that shaped your trajectory?

    • Since I am a first-generation lawyer, there was little to no guidance for me from anyone in my family into what the legal profession entailed and the various nuances one needs to understand to completely foresee a career as a lawyer. My years at Government Law College were remarkable inasmuch as while the curriculum was largely manageable, the extra-curricular activities that went on in college were immersive. 
    • I was fortunate to find considerable interest in Students for Promotion of International Law. This was my first pivotal moment where the idea of practicing international disputes was seeded in my mind. During college I was never counted in one of the sharpest minds in class. That title belonged to my college friends and some of whom I continue to remain in touch with even today. The next pivotal moment was the chance to do internships while studying. My college has a storied history, one which needs no introduction and has always pushed students to gain practical exposure. 
    • The chance to intern with one of the best law firms in the country during the last three years of law school not only gave me a sense of understanding of what differs between theoretical and practical know-how of the study of law but also the several intricacies which are involved in the practice. This allowed me to get a pre-placement offer from a leading boutique law firm, DMD Advocates and allowed me to gain experience from a stellar mentor in Ms. Fereshte D. Sethna. I am humbly grateful to her for teaching me the ropes and this is where I truly fell in love with international disputes. 
    • During my time at DMD Advocates and then at Bharucha & Partners, I not only have had the chance to work alongside the top legal eagles in India but have also been fortunate to work with magic circle firms and King’s Counsel(s) allowing me to gain exposure and enabling me to think from the standpoint of a client with projects and interests in different jurisdictions.

    As someone who has worked with Fortune 500 companies and private equity firms, could you elaborate on the role of legal strategy and advisory in facilitating strategic acquisitions and setting up industrial projects?

    • There are several lenses that one needs to wear if they are to advise any Fortune 500 company or private equity firm and that is because you are working with one of the sharpest minds in the profession and those who have specific expertise in the subject matter. 
    • My role as a legal advisor to these companies and firms was from the standpoint of a strategist in highlighting the various issues which are required to be looked at not only from a legal perspective but also from a securities and regulatory perspective. My experience in handling international disputes for similar clients helped me to understand their issues fairly quickly and deliver as per the client’s requirements. 
    • Almost all the companies which I have dealt with have been publicly traded entities either on the Indian stock exchange or other exchanges across the globe. There has been a high demand for data center setups in Maharashtra and has seen an increased interest from various international conglomerates. This poses its own challenges with different cultures and jurisdictions at play. Thus, it becomes extremely crucial to understand the pain points from a client perspective when it comes to entering into a transaction for setting up an industrial project. 
    • Another important requirement one needs to keep in mind is to ensure that the wider team working on due-diligence aspect and other issues are aligned and fine-tuned to the real-world issues being faced on the transaction. My role entailed leading the transaction from top to bottom and included overseeing the legal, operations, diligence and architectural teams to ensure the client’s targets are achieved. 

    You’ve recently cleared the UK Solicitor Qualification Examination. How do you think this additional qualification will enhance your practice, particularly in the context of international disputes? Additionally, could you share what motivated you to pursue this exam amidst your already demanding career? And any tips for the person who wants to give this exam.

    • First and foremost, the UK Solicitors Qualification Exam is one of the toughest exams there are across fields and that in itself puts immense pressure. The rigorous curriculum not only enhances your thinking and capabilities but the hours one puts in crossing the line engrains the different threads of law in oneself. 
    • As an Indian lawyer working in Dubai, which is steadily becoming the global melting pot, it has tremendous advantages. There is a huge influx of investments from all across the globe. While the UAE judicial system is extremely robust, there is a high demand for a system which is closer to home. The DIFC Courts and ADGM Courts are common law dispute resolution centers, one which have put Dubai on the map for dispute resolution. As a Solicitor of England & Wales, the DIFC and ADGM Courts are home ground for me more so now than before. 
    • In terms of pursuing the SQE and the motivation, all I could say is that I had very early on in my career decided that I would not pursue a master’s degree considering I was predominantly a commercial disputes lawyer and found no reasons as to how a master’s degree could help me. I was obviously wrong. At this stage of my career, I felt that a dual qualification would benefit me more professionally than a master’s degree and I plunged straight into it. I took it as a challenge, and one which was very hard considering I had shifted jurisdictions as well. In the end, hard work pays off and nonetheless I have always believed in myself and stand by my motto “Fall down seven time Stand up eight”.

    In your opinion, what are some emerging trends or challenges in the field of international arbitration and commercial disputes that legal professionals should be mindful of?

    • At the outset, I would say that there are far too many to really count. But there are some important ones which I would like to highlight, specifically litigation finance and cross-border enforcement and recognition. 
    • Litigation finance is third party funding obtained by a company from a financier, to pay the litigation costs incurred during a dispute. A funder may also act as a general contractor to help strategies and manage the dispute and costs. This type of funding adjudges the value of legal claims even before they can be recovered before a Court or Tribunal. In this arrangement, the financier is entitled to an agreed share in the monetary settlement received by the company, and only if the litigation is favourable i.e. it is entirely non-recourse. While the Indian litigation financing industry is in a nascent stage, there is tremendous scope for this market in the country. There are now an association of major global players in litigation financing which have come together and formed the Indian Association of Litigation Finance. 
    • Cross-border enforcement and recognition is somewhat an underlying secret. Usually, a party would straight up go and enforce and award and order in a jurisdiction where they have secured relief. In reality, things are very difficult and tricky. Enforcement and execution have since ages been a pain point for a judgment creditor and one which takes the most amount of effort. In my experience, it is very important to ensure that the lawyers are alive to challenges such as dissipation of assets and incognito preferential sale(s) since almost always the assets of a judgment debtor are in a completely alien jurisdiction or a tax-haven entirely unbeknownst to the creditors. This way dissipation of assets is carried out under the rug and the judgment or award is rendered as a mere piece of papers. 
    • One advice I give all my clients is to invest in an investigative asset search exercise at the outset, and sometimes even prior to invocation just as a safety net to ensure that enforcement and execution is smooth. This has helped me in my career and luckily has served well for all my clients. I have been fortunate to have been part of teams where we have secured execution of judgment(s) and award(s) in as less as 3 months. 

    After years of practicing law in India, what motivated your decision to transition to Dubai and take on the role of Managing Director at Singularity Legal? Could you share some insights into the factors that influenced this move and how it has impacted your professional journey?

    • This was more of a personal choice rather than a professional one. I was well established in India and practiced regularly before the Supreme Court, High Court(s) and Tribunals, when I took the chance of going in-house. The only other thing then which was left was to try working in a different jurisdiction altogether. While I have been fortunate to have worked on disputes ranging across Europe, United Kingdom, United States of America and South-East Asia, I had not permanently moved my base. 
    • With Singularity Legal it was an easy decision. Singularity Legal had been making great strides in the international disputes sector and I had been keenly looking at their growth. The chance to associate myself with an international disputes firm and grow the firm in a very interesting jurisdiction like the Middle East was an opportunity which comes to few lawyers and I grabbed it with both hands. 
    • Another factor which played an important role was my inclination to work across jurisdictions. Since I have done a fair bit of international arbitrations and investor-state disputes, this was a playground which was far too familiar albeit with its own set of challenges. The challenge to make my presence and name while at the same time growing the reputation of the firm in an entirely new jurisdiction was exciting and invigorating at the same time. Fair to say that the last one year has been an eventful journey and I am glad that I chose to make the decision rather than sit in a comfortable cocoon after having spent 10 years building my name in the legal profession in India. 

    Your work spans across diverse sectors such as energy, maritime, aviation, and taxation. How do you stay updated with the latest developments and regulations across these industries?

    • It is an arduous task and one which every lawyer needs to embody in their schedule to ensure continuous growth and development. We are only as good as our knowledge. Lawyers like doctors never stop learning and studying. A few ways which I manage to keep abreast with developments across the various sectors in which I practice are:
    • Continuous Learning: I dedicate a fixed amount of time to ongoing learning through seminars, workshops, conferences, and webinars specific to each industry. These events often feature industry experts who discuss emerging trends, regulatory changes, and best practices.
    • Industry Publications and Journals: I also subscribe to industry-specific publications, journals, newsletters, and online platforms allows me to stay informed about the latest news, case law, regulatory updates, and market trends relevant to each sector.
    • Professional Associations and Networks: I have actively participated in professional associations and industry-specific networks. These are exceptionally useful not only as a networking platform but also to hone skills and gather knowledge across various sectors. 
    • Research and Legal Update Tools: I constantly use various legal research portals to seif through updates in different industries as also jurisdictions considering I cover different territories. I cannot emphasize how important it is to go on these research portals irrespective of whether you need to research or not just to ensure that you read what the new cases are and what is the legal point which is being discussed. 
    • The last thing which I do is no industry secret but one which I have taken from the practice of several leading luminaries through the last 11 years. This is to maintain a record of all the different areas of law where I have read an interesting point of law. At the same time, I also maintain a sheet which has a list of all the individuals whom I have met. These are my holy grail(s) and I would swear by every lawyer making a similar one for themselves. It is the most efficient reference point for me in time where I am stuck. 

    As the Managing Director at Singularity Legal, could you provide insight into your role and responsibilities within the firm, and how you contribute to shaping its growth strategies and operational efficiency?

    As the Managing Director at Singularity Legal, I lead the operations of the firm’s Middle East practice group and work in a dual role. As a key member of the firm, my role and responsibilities are multifaceted, encompassing various aspects of legal practice, strategic planning, and operational management. I advise clients in my capacity as a counsel and at the same time I am involved with the growth team to increase the firm’s reach in the Middle East. 

    • Operationally, it is imperative to ensure that time is chalked out for each activity especially considering the amount of networking activities that are going on across the Middle East. I actively engage in business development initiatives, including client prospecting, relationship building, and networking activities. By cultivating strong relationships with existing clients and identifying opportunities to expand our client base, I contribute to the firm’s revenue growth and market presence.
    • I actively engage in training and mentorship initiatives to support the professional development of junior associates and staff members. By sharing my knowledge, experience, and best practices, I help cultivate a culture of continuous learning and excellence within the firm. I also collaborate closely with colleagues across different jurisdictions to leverage collective expertise, resources, and synergies. Singularity Legal is an international disputes firm with offices across India, UAE and Singapore and by fostering a collaborative and cohesive working environment, I contribute to the firm’s overall effectiveness and success.

    In today’s digital age, technology plays a significant role in various industries. How do you envision the coming generation leveraging technology to achieve success in the legal profession, and what advice would you give to young aspiring lawyers on effectively utilizing technological advancements to enhance their growth and expertise?

    • Embrace technology as a tool to enhance your legal practice rather than fearing it as a disruptor. Stay open-minded about exploring new technologies and learning how they can improve efficiency and effectiveness in your work. AI has made significant strides in each industry and it is only a matter of time that we lawyers are also subsumed with the AI bug. Already a lot of the international law firms have developed their own proprietary AI tools to assist in regular day-to-day functioning. Technology helps in upskilling an industry and one should only embrace it. 
    • Investing time and resources in acquiring technological skills relevant to the legal profession as also growing aware of the recent technological developments in the legal field. It would be very useful to attend training programs, workshops, and online courses to develop proficiency in legal tech tools and platforms. 
    • Stay informed about the latest developments in legal technology and be proactive in adapting to changes in the digital landscape. Follow industry publications, attend conferences, and engage with legal tech communities to stay updated on emerging trends and innovations. There is a huge Fintech boom and Legal tech is not far behind. 
    • Collaborate with colleagues and peers to share knowledge, experiences, and best practices related to technology in the legal profession. Networking with professionals in legal tech startups, innovation hubs, and accelerators can also provide valuable insights and opportunities for collaboration. However, it is most important to focus on client value and use technology to deliver greater benefit to the client by offering innovative solutions, enhancing efficiency, and improving the overall client experience. Keeping client needs and objectives at the forefront of your technological initiatives is what will allow a lawyer to absolutely shine.

    Amidst your demanding professional commitments, it’s important to find time for relaxation and rejuvenation. Could you share with us what hobbies or activities you enjoy to unwind and recharge after a busy day in the legal realm?

    • Absolutely, being a lawyer is a demanding and hi-octane profession and one which is extremely mentally saturating as well. I have always been very vocal about maintaining a good balance between professional and personal goals. One may be doing exceptionally well professionally but if they are struggling personally, it is not worth it. 
    • I am a sports enthusiast and have tried my hands at multiple sports. However, football and golf are my go-to sporting activities to unwind. I have also recently found long-distance cycling to be a calming force which allows me to unwind amidst a busy and hectic day or week. Apart from these, I enjoy running and will be training to run the marathon this year. 

    Get in touch with Adhiraj Malhotra-

  • “Marrying Facts and Law for Practical Counsel & understanding the intricacies of business alongside legalities ensures effective client execution and success in today’s dynamic market.” – Nayantara Devaya, Founding & Managing Partner of Catkin Legal

    “Marrying Facts and Law for Practical Counsel & understanding the intricacies of business alongside legalities ensures effective client execution and success in today’s dynamic market.” – Nayantara Devaya, Founding & Managing Partner of Catkin Legal

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

    You’ve had an impressive journey from working in prestigious firms like Khaitan & Co and AZB & Partners to founding Catkin Legal. Could you please walk us through your journey and share how each phase of your career contributed to your growth as a legal professional and entrepreneur?

    AZB & Partners and Khaitan & Co, are important institutions in my growth as a professional. It provided me with the experience and finesse that a corporate lawyer requires to navigate the era where lawyers are considered valid in board rooms and business transactions, other than just court rooms. While I was working with the firms, they provided me with opportunities to work on some important transactions in the business world. The firms gave me an idea of acceptable global standards and exposure to global working environments. The pedigree I got from the firms has shaped a lot of how we do business in Catkin Legal.

    Given your extensive experience in Corporate & Commercial laws, what unique challenges have you encountered in advising companies on Information Security Privacy Law and Cyber Risk Management amidst the digital surge in various industries?

    AZB We are seeing a surge in the relevance of lawyers in the new business era. Business heads are recognising the importance of working with lawyers on a day-to-day business to ensure smoother operations of their businesses. While old business houses are passing on hands to the new generation new leaders are very encouraging of legal support to their business teams in closing transactions and operational issues. While real time businesses are going digital sensitizing leaders on the security of information they are procuring, and the importance of certifications is increasing.

    As a strong advocate for mental health, how do you integrate initiatives for well-being within Catkin Legal, and what impact do you believe it has on the overall performance and satisfaction of your team?

    At Catkin, we propagate mental health and well-being. Our employees may avail of mental health leave once a month for a day which can be extended. The associates do not need to cite their reason for being on MHL. Additionally, the partners are very aware of not overburdening our associates with manic hours. Associates have the freedom to tell their leaders that they need a break. As leaders, we are responsible for the work but not for deciding when one need a break. The career is very demanding, and we want our associates to run long not fast.

    Considering your multifaceted experience, what advice would you give to aspiring legal professionals aiming to build a successful career that transcends traditional boundaries and embraces new dimensions of law and business?

    With the energy and enthusiasm the young blood brings to the profession, I would always advise not just new but any lawyer to marry the facts and understand how the business or product runs along with the law. If this does not happen the advice we are dispensing to the client becomes redundant as they cannot execute it on the ground. Due to this gap, there have been numerous judgements that are impossible to implement.

    Mentors often play a crucial role in one’s professional development. Could you discuss the influence of any mentors or role models who have inspired and guided you throughout your career journey?

    My career is basically me being a living proof that I have had the most amazing mentors. They have helped me navigate the legal profession and understand how to manage teams and clients. But more importantly in their understanding of the law, people management skills, negotiating skills, and life skills

    Founding Catkin Legal marked a significant milestone in your career. What motivated you to establish your own firm, and what were some of the initial challenges you faced in setting up and establishing its reputation in the legal industry?

     I think starting my own law firm was always a goal. My parents- who have always been the wind beneath my wings were very encouraging of starting my own practice even though I do not come from a family of lawyers. Believing in my goal every day in the last 15 years and working on that goal every day and working on myself made me start my firm. One of the key challenges we face is to keep being relevant. We keep upgrading our skill set and recrafting our working models to ensure we are a relevant and sustainable firm

    Building a clientele and reputation from scratch can be daunting. Can you share some strategies or initiatives you implemented in the early days of Catkin Legal to attract clients and differentiate your firm in a competitive market?

    Balancing multiple responsibilities as a managing partner, legal advisor, and advocate for mental health advocacy can be demanding. How do you prioritize your time and commitments to ensure both professional excellence and personal well-being? I think all these roles are interdependent. I try and understand the urgency and support required for each situation on a weekly basis and set my priority on a need basis. I believe in a physically fit and mentally healthy life, so for me, that comes first. I do not work alone. I have teams for all tasks and project- Home-work -or anywhere else where I want to contribute. Creating and cherishing capable leaders and individuals within or teams, helps us go a long way.

    Your career has seen transitions from working in prestigious law firms to in-house legal roles and eventually founding your own firm. Could you share your experience of navigating these transitions and highlight the differences in working environments between law firms, corporate settings, and running your own legal practice?

    Law firms and business houses systems are already in place. You come in and integrate into an already existing system and grow with the system. Starting a law firm or any business involves starting or creating systems that others can integrate into. As a business owner, the biggest challenge is not creating that ecosystem but ensuring its sustainability. A huge part of my role is troubleshooting to ensure the ecosystem of catkin remains healthy and sustainable in all areas.

    With your busy schedule and diverse professional engagements, how do you unwind and recharge outside of work? Could you share some of your favorite relaxation techniques or activities that help you maintain balance and rejuvenate your energy?

    A good cardio workout and yoga is my favourite kind of unwinding. I try to pack in this at least six times a week. I enjoy a good movie. I like to read, but we read a lot at work and usually, it becomes my last option. Oh, recently I’ve been enjoying reading storybooks to my two-year-old son.

    Get in touch with Nayantara Devaya-

  • “Technology is revolutionizing legal and compliance functions, offering innovative solutions to streamline processes, enhance efficiency, and mitigate risks”- Ashish Pandey, General Counsel and Company Secretary, Luminous Power Technologies (P) Ltd.

    “Technology is revolutionizing legal and compliance functions, offering innovative solutions to streamline processes, enhance efficiency, and mitigate risks”- Ashish Pandey, General Counsel and Company Secretary, Luminous Power Technologies (P) Ltd.

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

    Your career journey reflects a diverse range of experiences in legal, regulatory, compliance, and governance roles across various industries. What initially drew you to pursue a career in law and company secretarial services?

    My fascination with the intersection of law, business, and governance led me into the legal and company secretarial realm. The structured yet dynamic nature of the legal profession, coupled with the opportunity to make a tangible impact by upholding justice and promoting ethical conduct, resonated deeply with my values. Recognizing the pivotal role of governance and compliance in safeguarding stakeholders’ interests, I pursued company secretarial services to foster transparency, accountability, and regulatory adherence across industries.

    With over two decades of experience, including more than 10 years heading the secretarial department of listed companies, what pivotal moments or experiences shaped your expertise in corporate governance and compliance?

    With over two decades in corporate governance and compliance, including over 10 years leading secretarial departments of listed firms, I’ve been shaped by pivotal moments. These include navigating regulatory changes, managing crises, collaborating with boards, and participating in M&A. Ethical dilemmas and ongoing learning also contributed, deepening my understanding and enhancing crisis management and governance skills, ensuring relevance in a dynamic corporate landscape.

    Your profile highlights significant achievements, such as orchestrating complex business hive-offs and leading big-ticket arbitrations. Could you share a particularly challenging situation you encountered in your career and how you navigated through it?

    One notable challenge involved managing a high-stakes arbitration involving intricate contractual disputes. I strategically collaborated with legal experts, meticulously analyzed evidence, and maintained clear communication with stakeholders to navigate the complex legal terrain. Ultimately, our comprehensive approach led to a favorable resolution, showcasing resilience and strategic acumen.

    As VP Legal & Company Secretary at Luminous Power Technologies, you’ve led initiatives to enhance ethics and compliance programs, resulting in increased employee awareness and adherence to regulatory requirements. What strategies did you employ to achieve such notable improvements?

    Implementing a multifaceted approach, I initiated comprehensive training sessions, disseminated clear and concise compliance guidelines, and established robust reporting mechanisms to encourage ethical behavior. Additionally, fostering a culture of transparency and accountability, I regularly communicated the importance of compliance from top leadership down. These strategies not only heightened employee awareness but also cultivated a culture of integrity, resulting in enhanced compliance and regulatory adherence across the organization.

    Collaboration seems to be a recurring theme in your career, whether it’s fostering collaboration with stakeholders or leading cross-functional teams. How do you approach building and maintaining effective collaborations, especially in complex legal and regulatory environments?

    In navigating complex legal and regulatory environments, I prioritize open communication, mutual respect, and a shared commitment to common goals. By fostering an inclusive culture that values diverse perspectives and expertise, I promote active collaboration across departments and stakeholders. Regular meetings, clear delegation of responsibilities, and establishing common metrics for success help maintain alignment and momentum. Additionally, cultivating strong interpersonal relationships and demonstrating empathy fosters trust and strengthens collaborative efforts, ensuring collective success in achieving strategic objectives.

    Your experience includes extensive work in listed companies and leading rights issues. What unique challenges do you face in managing legal and regulatory matters in a listed company, and how do you address them?

    Managing legal and regulatory matters in listed companies presents unique challenges due to heightened scrutiny, stringent reporting requirements, and the need for transparent governance. I address these challenges by prioritizing proactive compliance measures, staying abreast of evolving regulations, and fostering a culture of transparency and accountability. Regular communication with regulatory bodies, thorough risk assessments, and robust internal controls help mitigate potential issues. Additionally, building strong relationships with legal counsel and leveraging technology for efficient compliance tracking are essential. By taking a proactive and collaborative approach, I ensure legal and regulatory compliance while facilitating sustainable growth and investor confidence.

    Implementing IT-based governance tools for monitoring trademarks, designs, and patents showcases your adaptability to technological advancements. How do you see technology shaping the future of legal and compliance functions, and what role do you envision it playing in the coming years?

    Technology is revolutionizing legal and compliance functions, offering innovative solutions to streamline processes, enhance efficiency, and mitigate risks. In the future, advancements such as artificial intelligence (AI), blockchain, and data analytics will play a pivotal role in transforming how legal and compliance tasks are performed. AI-powered tools can automate routine tasks like contract review, allowing legal professionals to focus on strategic initiatives. Blockchain technology offers secure and transparent transaction records, enhancing compliance with regulatory requirements such as data privacy laws. Data analytics enable proactive risk identification and predictive compliance monitoring, empowering organizations to anticipate and address potential issues before they escalate. Additionally, cloud-based platforms facilitate collaboration and information sharing, improving communication and alignment across departments. Embracing these technological innovations will be crucial for staying competitive and agile in a rapidly evolving regulatory landscape, enabling legal and compliance functions to proactively address challenges and drive business success.

    Finally, considering your wealth of experience, what advice would you offer to fresh graduates aspiring to enter the field of law, corporate governance, or compliance?

    For fresh graduates aspiring to enter law, corporate governance, or compliance fields, I offer several pieces of advice. Firstly, prioritize gaining practical experience through internships, clerkships, or entry-level positions to supplement academic knowledge with real-world insights. Secondly, continuously invest in professional development by pursuing further education, certifications, and staying updated on industry trends and regulatory changes. Additionally, cultivate strong communication, analytical, and problem-solving skills, as these are essential for success in these fields. Networking with professionals in the industry and seeking mentorship can provide valuable guidance and opportunities for growth. Lastly, demonstrate integrity, ethics, and a commitment to upholding legal and regulatory standards, as these qualities are highly valued in the corporate world. By embracing these principles and actively pursuing opportunities for growth and learning, aspiring professionals can embark on a rewarding and fulfilling career in law, corporate governance, or compliance.

    Get in touch with Ashish Pandey-

  • “Business helps social empowerment firstly by breaking down barriers, secondly by generating income for livelihood and thirdly by providing mental-emotional support.” – Niharika Gaonkar Naikar, Independent Legal Practitioner & Founder of “KriNi”

    “Business helps social empowerment firstly by breaking down barriers, secondly by generating income for livelihood and thirdly by providing mental-emotional support.” – Niharika Gaonkar Naikar, Independent Legal Practitioner & Founder of “KriNi”

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

    Could you walk us through your journey from college to becoming an established professional in the Media & Entertainment law sector? What inspired you to pursue a career in law, particularly within this niche industry?

    Absolutely! My journey as a legal professional wasn’t something that I had preplanned like any other child. Anyone who knows me will tell you how creative and artistic I am as an individual. Craft and arts, including performing arts, have been my favourite subjects. So, the childhood dream was always to be a designer. However, my mom was too fascinated by her brother (my mama) who is a first generation lawyer practising in a different field of law and has always been outperforming. He set the bar so high that my parents somewhere deeply wished for me to be a lawyer like him. So, as they say the universe always has better plans, I started my journey with Government Law College, Mumbai and graduated in 2014. Until my last year I was very sure that I would make a career in criminal litigation, however when I studied Intellectual Property Rights in my last year, I was so fascinated by the subject that I decided to build my career in the same. I had the opportunity to intern with a media distribution company in my last year which further made the decision concrete.  

    Your journey has been quite remarkable, transitioning from esteemed organizations to establishing your independent practice. Could you share with us how your experiences in those organizations have shaped your approach to legal practice in the Media & Entertainment industry?

    The choice between being an in-house lawyer vs a law firm lawyer is a tough one. The remuneration of law firms is high but the work-life balance is off. Similarly, there is good work-life balance in an in-house role but there might not be as much diversity in work as compared to a law firm. I started my career with a leading media distribution company where I also did my last internship. I was given an offer to join immediately after I finished my exams. I was honestly more than elated as I loved the work culture there along with the international level exposure I was going to have. Many times I get asked in interviews as to why I have switched places, well I kept transitioning from one Media and Entertainment sector to another like from distribution company to a production house to studios etc. because each such transition allowed me to learn and master the different verticals in the M&E sector. I strongly believe that in-house roles offer you a better understanding of business as well as commercials. Later on moving out from these in-house roles to getting into a law firm was solely because I lost both my parents in the second wave of Covid in a week and I knew that work is the only thing that will keep me going ahead positively and this challenging role will allow me to have a strong change of environment. I consider myself fortunate to have worked at different organisations because it not only helped me grow as a professional but also allowed me to grow into a better person. Be it handling clients to handling tough situations to standing for/ with your team to extensive learnings to working under great mentors (legal as well as non-legal) it all has been a wonderful journey. Starting up my own practice was something that happened a bit earlier in life than what I had planned for but I am deeply grateful for the amount of trust and respect showered by my clients in me. The aim is to build an organisation where fairness is the key.

    Having worked extensively with clients from the Media & Entertainment industry, what would you say are the key challenges they face regarding Intellectual Property rights, especially in the digital age?

    Primarily, it’s the protection of their IP’s that the Clients face challenges in this digital age. However, when I started in 2014 there were 3-4 major categories of rights for generating revenues. Whereas if you see now, there is a plethora of rights with sub-categories. With due respect not all at present be it lawyers or clients understand the possibilities that they have when it comes to rights. So, the key challenge I feel they face is to understand the various options they have to monetise the IP and generate as much revenue as they can. 

    You’ve had the opportunity to work extensively in both Bollywood and the South Indian film industry. How do you adapt your legal strategies and approaches to suit the different dynamics of these industries? Could you please share some insights of emerging trends or challenges faced by these industries?

    The aim of moving down south in 2020 was to understand the industry better. I strongly believe that with just legal knowledge we cannot emerge as great lawyers until we actually understand the practicalities and functioning of the business side of any industry. The M&E industry in the Southern states of India functions very differently from the Bollywood. It was my privilege to help set up a branch office for one of my ex-law firms in Chennai. The challenges that are faced there are very different compared to those in Bollywood. The value system, the modes of working, agreements drafting to negotiations, and remuneration received vary in South and in Bollywood. The legal approach is of course the same as the same set of laws apply, however the functioning is not the same. In my honest opinion, entering the market as a leading law firm or as an eminent lawyer will not get you any place there unless you have the patience to wait until being accepted. 

    Apart from your legal career, you’re also the founder of “KriNi”, aiming to create job opportunities for women. How do you balance your professional life with such philanthropic endeavors, and what role do you think businesses can play in social empowerment?

    Crochet is a hobby turned into side business. My mom and my aunts were crocheters in their young days. One day during the first lockdown while I was cleaning a chest of drawers, I came across a crochet needle and a tiny ball of yarn. I picked up a very basic video on YouTube and started learning and it came out so well that I decided to continue. 6 months down the line I was so addicted that I started picking up random projects and tried to better my craft and then started posting it on my Insta page. Crochet is my therapy! I started getting crazy orders so much so that in January 2023 I got KriNi registered. I was falling short of hands and then I decided that I can take help from family or from people outside. I get messages from women in their 40’s-50’s and kids in colleges wanting to tie up because they are studying/ retired/ bored at home and are looking for some sort of extra income. The goal of KriNi is bigger and I hope I achieve it someday soon. I honestly can’t dedicate as much time as I want to but I make sure that I treat it respectfully and do as much justice as I can. Business help’s social empowerment firstly by breaking down barriers, secondly by generating income for livelihood and thirdly by providing mental-emotional support.

    Your expertise includes talent management in addition to Intellectual Property rights. How do you navigate the legal aspects of talent management while ensuring the best interests of both the talent and the production houses?

    Well, this is one of my favourite aspects of being a M&E lawyer. Having represented multiple artists/ talents in Bollywood as well as South including influencers, when I am on this side of the table the aim is to protect my talents to the maximum possible. That doesn’t mean that I come out with one sided clause. I choose to be a business friendly lawyer who is fair and understands the practicality faced by these production houses but someone who also ensures that the talent is protected as well. I believe closing transactions is an art, we all can very well stretch and argue for hours as lawyers however, it’s important to understand what to fight for and what to let go! 

    As a recipient of the LEX FALCON GLOBAL AWARDS, what advice would you give to aspiring lawyers looking to excel in the field of Intellectual Property, Media, and Entertainment law?

    Firstly, I am honoured to be a recipient of this prestigious award. Today’s aspiring lawyers function contrarily compared to our days. We believed in grilling and not focusing on work-life balance, where money was secondary and grabbing opportunity was primary. Well, the debate on this can go on however my one sincere advice to all aspiring lawyers would be to be honest to your profession. There are plenty of lawyers in the market who might be way more knowledgeable than what you are. But what will make you stand out in the crowd is your honesty and dedication towards your profession. Don’t just stick to the legal side of things, also try to understand the business/ commercial functioning.

    Your dedication to educating students and professionals about the legal and business aspects of the industry is commendable. What motivated you to start these private sessions, and what do you hope participants take away from them?

    I had just finished my 10th boards when my neighbour asked me to help her kid with studies as she had some personal emergencies. The journey started there! It was purely through word of mouth and was unplanned! I was surprised with the kind of response I received. Until my very last year of law college, I took private classes. While my friends were enjoying their college lives, I was busy teaching school kids post my college hours. Abdul Kalam once said that “Teaching is a very noble profession that shapes the character, caliber, and future of an individual. If people remember me as a good teacher, that will be the biggest honor for me.” I am extremely happy to see all my students well settled today. I personally do not like glamourising this side of mine and love to maintain the nobility of the teaching profession. Over the weekends I take online legal classes. The aim is for my students to not just acquire knowledge about the M&E industry but have a mentor whom they can reach out to for any sort of career guidance.

    With such a demanding and dynamic career, how do you unwind and recharge outside of work? Could you share some of your favorite hobbies or activities that help you find balance in your life?

    Travel! With the kind of multi-tasking that I do, travel is the only way I unwind and recharge myself. I work hard so that I can earn more and travel more! Travel adds more colour and adventure to your life. Every New Year’s I have a list of places I manifest to explore and ensure I tick them year after year! My work philosophy is “don’t overexert yourself if you don’t have to”. Hence, it’s very important to maintain a work life balance.

    Get in touch with Niharika Gaonkar Naikar-

  • “When we speak of white-collar crime and criminal law, I firmly believe that everyone deserves a chance to be represented vigorously and fairly”- Vaibhavi Sharma, Associate Partner, Prosoll Law

    “When we speak of white-collar crime and criminal law, I firmly believe that everyone deserves a chance to be represented vigorously and fairly”- Vaibhavi Sharma, Associate Partner, Prosoll Law

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

    Can you share what inspired you to pursue a career in law, particularly focusing on criminal law and white-collar crime?

    I would be honest to confess that law was not my first choice. Initially, I did not aspire to become a lawyer, considering the inherent expectations that come with being a second-generation lawyer. For all the years I was growing up, I had observed my Father from close quarters, putting his soul into the profession and it seemed overwhelming at that time. I also deeply admired all my teachers in school and realized the power of academics in shaping an individual’s life. Therefore, I was inclined towards being an educator and I started pursuing Bachelors in Commerce from Daulat Ram College, University of Delhi, thinking that would be my path. The course got me deeper insights into the ecosystem of commerce, and some of the subjects including contracts, commercial law, and taxation piqued my interest. With this new-found interest, law as a subject started pulling me towards it and after a discussion at home, I finally took the plunge to pursue law. You can say it was a ‘what you seek is also seeking you’ moment for me!

    During my tenure in law school, I developed a profound affinity for criminal law, a passion that led me to delve deeper into its various facets. The background in commerce had anyway sharpened my faculties in the field of economics and financial matters, which finally led to my focus gravitating towards white-collar crime. This was also the field where I could get the best mentor in my father who is renowned for his impeccable body of work in this area. I couldn’t have asked for more. So here I am, not where I thought I would be, but definitely where I am meant to be. Turns out, the unexpected detour into law was exactly what I needed.

    With such a diverse range of clients, including high-ranking officials and business ventures, could you elaborate on how you navigate the complexities of representing such varied interests in the legal realm?

    Building and maintaining trust across such a broad spectrum of clients requires more than just legal expertise; it demands a holistic understanding of their background, career trajectory, growth challenges, aspirations, and most importantly the circumstances in which they approach you. The law and its applicability will remain the same, what is differentiating factor in any particular case is the legal strategy, the court craft and the merit in your advocacy when you’re representing a client in the court of law. For me, each client mandate deserves its due attention because while we may be dealing with many clients, for clients we are the only one they have chosen over other service providers. Empathy, prioritization of clients’ needs and giving them an experience that addresses their concerns are the other important aspects that go beyond legal acumen. Effective communication and ethical integrity are other two areas where I would never compromise. All my clients are personally informed by me even for the smallest of updates. This is my way of showing them my respect and that they are not one more ‘case’ in our file. Ethical integrity comes from the moral compass that guides my decisions and actions.

    Your experience spans various aspects of litigation, from arguing cases to drafting legal documents. Could you highlight a particularly challenging case you’ve worked on and the strategies you employed to achieve a favourable outcome?

    I strongly believe that each and every case has its own unique challenges and nuances. However, in a significant case I handled alongside my team at Prosoll Law, a major challenge revolved around an alleged incriminating telephonic conversation crucial to the prosecution’s case. Recognizing the pivotal role of this evidence, we strategically devised a unique approach.

    We formulated a legal strategy focused on elevating crucial issues of law, particularly centered on the contested telephonic exchange. Anticipating the importance of the original call details, we proactively filed Criminal Miscellaneous Petitions before the High Court of Delhi after our initial application was rejected by the Trial Court.

    This helped us in identifying and capitalising on key opportunities. By framing the legal discourse around the need for the original call details, we not only highlighted the criticality of this evidence but also emphasised its potential impact on the case’s outcome.

    This matter always serves as a reminder to me of the importance of employing innovative and effective strategies to overcome challenges in crucial times.

    You’ve been recognized by several esteemed legal publications and platforms for your work in white-collar crime and criminal law. What do you believe sets your approach apart in this field?

    When we speak of white-collar crime and criminal law, I firmly believe that everyone deserves a chance to be represented vigorously and fairly. I approach each case with a deep-understanding of the facts of the case along with the fundamental principle in it. By doing so, I can effectively navigate the substantive as well as procedural aspects, while ensuring that my client’s interests are safeguarded. Our distinction lies in our consistent client base. As lawyers, our commitment is rooted in strong legal knowledge, staying updated with precedents, and honing courtroom skills. When our reputation spreads through word of mouth, our consistent clients truly set us apart.

    As an Associate Partner at Prosoll Law, you appear in matters before various judicial and quasi-judicial forums. Can you shed light on the differences in strategy when presenting cases before different courts or tribunals?

    Ultimately, successful litigation demands a dynamic and adaptable approach. When appearing before an appellate, a more formal and precedent-focused approach is often effective. In contrast, when appearing before quasi-judicial forums or specialized courts, a more technical and specialized strategy is required. These forums often deal with specific areas of law, such as tax, environmental, or administrative law, and demand an in-depth understanding of the subject matter. Curating arguments that align with the technicalities of the court’s jurisdiction and expertise can significantly enhance the case’s prospects.

    Given your involvement in high-profile cases, such as representing a former Chief Minister, could you discuss the unique challenges and responsibilities that come with representing public figures in legal matters?

    Representing public figures in legal matters, especially in high-profile cases, presents a unique set of challenges and responsibilities. While dealing with such cases, one has to maintain a fine balance between legal intricacies and public perception, like in the case you have mentioned about.

    One of the foremost challenges lies in mitigating reputational risks for our clients. Public figures often face intense scrutiny and media attention, which can potentially impact the free and fair investigation and may also adversely impact their public image. My philosophy has always been to primarily prioritize shielding our clients from sensationalism while concurrently formulating a robust defence strategy. This dual focus ensures that the legal proceedings remain the focal point, safeguarding our clients’ reputations from undue damage and media trial.

    In such cases, upholding fairness and justice becomes paramount. I recognize the importance of ensuring that our clients receive a fair trial and are not unduly influenced by external factors, be it media or public discourse. 

    You’ve co-authored articles on topics such as telephonic surveillance and the Prevention of Corruption Act. How do you balance your legal practice with scholarly pursuits, and how do these academic contributions inform your work?

    Balancing my legal practice with scholarly pursuits is a deliberate and symbiotic process. This dual commitment is not a mere juggling act; rather, it is a synergy that enhances both facets of my professional life. Writing and research are fundamental to a lawyer’s life. They not only sharpen the analytical bent of mind, but also help one in keeping their finger on the pulse of what’s happening. In legal practice, staying ahead requires more than courtroom acumen—it demands a continuous pursuit of knowledge. Writing articles allows me to delve deep into legal research and the evolution of law and its application that takes shape every day in our courts. This ensures that my understanding of the law and evolving jurisprudence remains not only current but also finely nuanced. Similarly, the daily rigours of my legal practice make my writing relevant, real and transfused with experience. Real-world experiences provide insights that add a practical point of view to theoretical frameworks. This infusion of my academic contributions with tangible and practical relevance adds weight to my writing. 

    Finally, what advice would you offer to law students or recent graduates who are embarking on their legal careers, particularly those interested in criminal law and litigation?

    In the realm of legal careers, particularly for those venturing into criminal law and litigation, my foremost advice would be to understand that – there are no shortcuts. Perseverance coupled with merit is the key. The second important aspect is to break the barriers, myths and stereotypes like ‘criminal law is not for women’, As I reflect on my own journey, resilience and grit became my compass as I chose the less trodden path of criminal law. To aspiring students, I emphasize the importance of listening to their true calling. Only when you make your field your primary interest, will you be able to focus on the path to mastery.. With the end-goal in mind, every action becomes a calculated step towards success. 

    Get in touch with Vaibhavi Sharma-

  • “There is more professional satisfaction in actually resolving a dispute rather than letting it linger in Courts for years together.” – A First Generation Lawyer’s Journey to Success, Mahesh Arkalgud, Partner at ATV Legal

    “There is more professional satisfaction in actually resolving a dispute rather than letting it linger in Courts for years together.” – A First Generation Lawyer’s Journey to Success, Mahesh Arkalgud, Partner at ATV Legal

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

    Reflecting on your journey, could you share with us how you embarked on your career in law and what inspired you to pursue this profession? Additionally, what significant milestones or experiences along the way have shaped your trajectory and approach to the practice of law?

    In my childhood, I just went with the flow and as was the trend in the early 2000’s, I took up science in my 10+2. Having seen my elder siblings venture into Engineering studies, and having myself studied science in 10+2, I was clear that I was not cut out for that kind of studies and work. I was greatly influenced by the words of my father to look at law as an option. My father had obtained a law degree, but never practised. He went on to become a Civil Servant. He shared a lot of his experiences in his work, which was inevitably interspersed with the legal system. 

    Once I began my legal studies, there was no looking back. I took on legal studies like a duck to water. I must say I was at peace with myself and really enjoyed reading legal literature. During my college days, I took up internships largely with a view to understand which area of law to practise in. I did internships with law firms as well as chamber lawyers and was very keen to understand how a lawyer’s life would be. In every place I have interned, I would pick the brains of the seniors in that firm from every vertical of the practise, to understand how actually their work was. The guidance from the Partner in the last law firm I interned, whom I eventually regard as my mentor in the profession, enabled me to firm up my mind to be a litigator. I eventually joined that firm’s litigation practice.     

    As is the case with most litigators, the initiation was extremely rough with quite a few bitter experiences and novice mistakes in Court. Fortunately, my senior colleagues were very supportive and encouraged me. I always felt that I had more to offer than was being asked of me by my firm. I was quite restless and impatient to make a mark. 10 months into the practice, I got my first big opportunity. Due to various factors, I was the only person from the litigation team that was available in office, when a case in which we were on caveat, for a premier client of the firm, came up and we were required to appear. I grabbed the opportunity, channelised my restlessness and desperation well, and ensured that the Partner would have no reason to put any other person onto that matter. There onwards, I was looked upon as a reliable hand in litigation matters and my confidence grew day by day. 

    After moving on from established law firms, you started your own firm and later moved on and partnered with other lawyers. Can you reflect on this journey of yours?

    I was with two law firms in a period of five years after starting off. There afterwards, along with three other lawyers we started our own law firm in 2015. It was a leap of faith. An exciting phase of establishing a practice. Each of us knew that we had the potential to build a practice. The first few months were spent in establishing connections and meeting a lot of people. Most of the connections initially made, continue to result in referrals and work. It is crucial to meet people and network with them. Sincere and truthful efforts will always yield good positive results. Proud that some of the referrals that come about now are multi-tier referrals, which means that the word of mouth has travelled far and wide. Presently I have joined hands and partnered with a bunch of lawyers, who were all peers in my first law firm. We all have been through the growth curve and survived the rigors of the profession and now have similar career trajectories. 

    Given your diverse expertise, particularly in construction and commercial arbitration disputes, what common misconceptions do clients often have about this area of law, and how do you address them?

    In most construction disputes the construction company would inevitably want to make claims for damages. While the construction company feels shortchanged with the manner in which the owner of the project would have treated it, I find that claims are made for the sake of making it, with hope that at least a part of the claims come through. Same is the case in some commercial matters. I think it is extremely important to think through the claims and build a robust foundation for the claims which are in the nature of damages. It is critical to evaluate evidentiary value of what a client believes to be ‘evidence’. We should not encourage a client to just dump their files and expect the lawyers to churn out magic. It is important to educate a client about law and on how things will actually pan out before a Court/Tribunal. I believe that keeping the client fully in sync with the legal process and proceedings helps to bring the best out of the client as well as the lawyer. I have often found that a hands-on client is able to provide quality inputs and results in better output from the litigation.    

    In your extensive experience, what would you consider the most effective strategy for resolving disputes outside the courtroom? Could you share an example where alternative dispute resolution methods yielded exceptional results?

    An out of court settlement is achieved through negotiations and eventually mediation. I find that a large number of disputes are a result of frail egos or personal grudge. There are also the opportunistic litigations. In any event, it is imperative to understand every aspect of the dispute and all things that resulted in the creation of the dispute. If one is able to delve into the core of a dispute and unearth its origin, everything including that which is not stated on paper, one can actually do a good counselling job on the client to see how to proceed with the dispute. It is also important to set the expectations right and let a client know the best case and worst-case scenarios by explaining the law. 

    Such out of court settlement also depends largely on the psyche of the client. A recent case was where a client wanted a larger payout from a defaulting tenant. In the very first meeting the client said that they were willing to go up to the Hon’ble Supreme Court. I spent quite some time understanding the client and also on why the client was so passionate about fighting the tenant. As the client felt comfortable with me, they opened up and explained the entire history and the backstory. Upon several rounds of counselling, the matter was eventually resolved with the issuance of a lawyer’s notice. There is more professional satisfaction in actually resolving a dispute rather than letting it linger in Courts for years together.  

    As a first-generation lawyer, what advice would you give to aspiring legal professionals who are just starting their careers, especially those aiming to make a mark in the competitive legal landscape?

    While I agree that having someone who has been there and already done that helps, especially in the litigation vertical, it is not impossible to carve out a space for oneself being a first-generation lawyer. The challenges start from finding the right office to start off with; to getting the right leads for building a practice. One needs to be proactive and extremely alert to the opportunities and possibilities. I was fortunate that I found a great mentor to start my practice. Once you commence, it is important to be relevant and display the eagerness and hunger to learn. Resilience and adaptability are crucial traits to forge ahead. One needs to keep evolving with the times and stay abreast with new developments. At the beginning of a litigation career be ready to do all kinds of work and work in all jurisdictions. It helps you in the long run, especially when you venture out on your own. A lot of my learning has happened through witnessing other lawyers in action. While it is good to catch up with a friend in the corridors, it is extremely important that one does not waste the time while waiting for their turn in the Court. Inspirations are aplenty in Courtrooms and one must not miss such opportunities.     

    With your experience appearing before different High Courts and tribunals across the country, what key differences have you observed in legal proceedings and judicial interpretations, and how do you adapt your strategies accordingly?

    Every tribunal or forum has its own characteristics in terms of the process or presiding officers or the legal practitioners appearing therein. It is crucial to understand and respect the local practices and adapt quickly. Lawyers from Delhi are very assertive and persuasive, they go about their brief with extreme focus, while lawyers from Mumbai are highly efficient and meticulous. I find that lawyers from these two jurisdictions are thoroughly prepared and come with the go getter mentality. These days, with virtual appearances possible, it is indeed a great experience to appear in different jurisdictions. Each appearance in a different forum enriches one’s exposure immensely.    

    Continuous learning is essential for professional growth. How do you prioritize ongoing legal education and skill development within your firm, and what resources or platforms do you find most valuable for staying updated with legal developments and best practices?

    These days information is available in plenty and in various modes. The judicial precedents laid down by courts is the most important legal education for practising professionals. New legislation and amendments in our area of practice is something which we keenly keep an eye out for. Various portals reporting the Court rulings and publishing articles on various legal aspects, become the first point of reading about the developments. One tends to get busy with the cases on hand and at times stop reading other than for a case on hand. Therefore, it is a goal to publish articles and analyse new developments and roll out newsletters. That way not only are we keeping ourselves updated, but also enlightening clients on new developments. Needless to mention that for a litigator, the Courtroom remains the ultimate place to learn best practices. 

    With the demands of a challenging legal career, maintaining a healthy work-life balance is crucial. Could you share some of your favourite ways to unwind and recharge outside of work, and how do these activities contribute to your overall well-being and effectiveness as a legal professional? 

    It is important to give attention to oneself, family and the work. While in the initial stages of a career it is inevitable that work takes precedence over anything else, one should not completely kill any other passion for the sake of work. The earlier that one is able to obtain a work life balance, the quality of life would be better. Drawing up boundaries on each aspect of life and respecting those boundaries would help immensely. I am passionate about fitness and nutrition and end up doing quite a few activities on that front. While in pursuit of such endeavours, I meet people from different backgrounds and that too enriches my personality. Lately I have taken a liking to learn to play a musical instrument. It is a good way to unwind and quite relaxing. The cliched statement that if one makes it a priority, they will find the time to do it is very true. 

    Get in touch with Mahesh Arkalgud-

  • “The biggest challenge in solar projects across India is acquisition of land, connectivity and uncertainty of regulatory framework”- Faizur Rehman, Partner-Corporate, Energy & Projects at AKS Partners

    “The biggest challenge in solar projects across India is acquisition of land, connectivity and uncertainty of regulatory framework”- Faizur Rehman, Partner-Corporate, Energy & Projects at AKS Partners

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

    Can you walk us through your journey from being an in-house counsel and company secretary to becoming a business leader and now a practicing lawyer specializing in energy and infrastructure?

    Yes, it has been an exciting journey so far. I started as company secretary and became in-house counsel and later on appointed as Head Legal in Fortum India. I had to set up legal, compliance and secretarial practice for businesses ranging from solar & wind projects, acquisition cases for hydro power, waste to energy and laying out EV charging infrastructure. It was a big shift from my earlier role in Schneider Electric and previous organisations. Fortum was a leadership position and businesses were new sun rising sectors in India, like solar and wind, EV, and biorefinery. Regulations are still evolving, hence, I have to push myself beyond legal knowledge, to acquire business and market understanding, which can help me in providing seamless legal support for business growth. I got opportunities for working on land acquisitions, regulatory approvals, funding of projects, selling of assets and a lot of drafting and contracting. All of this developed my understanding of capturing business true intentions into a legal paper and maybe, I started feeling more comfortable with business leadership. 

    After 6 years of leading legal function, got the responsibility as Country Director & Business Head for leading Biorefinery business (or Bio2X as Fortum calls it). It was a completely different role and I have to broaden my thinking. From finding flaws and identifying risks in business proposals, I have to find solutions, resolve issues and manage a big Joint Venture. Completely different work, but I believe my capability of learning fast, with legal knowledge, sector expertise and understanding of board practices helps me. 

    When last year, I joined AKS, as Partner-corporate, energy and projects, I believed that I am perfectly placed to advise my clients with the highest level of legal services and work with required domain expertise of energy sector as well as of projects. I understand the perspective of the in-house team, their business requirements and how to address matters in the energy sector. 

    Your career has seen you working with esteemed organizations like Schneider Electric, Hero Group, and Fortum India. How have these experiences influenced your approach to legal practice?

    I started my career with a couple of Indian promoters driven by mid-size companies and from the last 15 years worked for MNCs like Schneider Electric and Fortum. In mid-size companies, you have opportunities for growing beyond your key responsibility areas, as all the functions are not hard lined. If you have desire, you may take up tasks beyond your key role and that will prove vital for my growth. 

    While working in MNCs you learn the importance of good corporate governance and putting statutory compliances in place. Working with different jurisdiction lawyers helps you sharpen your skills, and gives you a different perspective of thinking about the same issue. Also, I understood how “LESS IS MORE”. How I can plan and strategize my work to become more effective. Like, a legal document need not be lengthy, but sufficient enough to capture business understanding and required legal provisions.

     Your expertise spans a wide range of areas within the energy sector, including renewable energy, EV charging infrastructure, and biofuels. What drew you to specialize in these specific niches?

    Frankly speaking, when I was joining Schneider in 2009, I was going for a big MNC job, without much understanding of a sector specialisation etc. But, as it happened, a lot of contracts, transactions and legal work came through the energy and infra sector, which started developing my interest in this industry. Big opportunity came for me, in the form of a Fortum leadership position in legal, a decade ago. Fortum came to India, with the ambition of replicating their European businesses of Hydro, Nuclear, Waste to Energy etc. As a Legal Head, I had to gather all the possible knowledge and expertise of the sectors my organization was working. This leads to learning and research into specialised fields like EV charging infra, solar & wind, nuclear etc. For a sector, which is developing, you need to be very close to business and keep yourself updated with the latest happenings in the sector.

    Could you share some insights into the process of establishing groundbreaking joint ventures like the one between Fortum & Chempolis and Numaligarh Refinery Limited for the 2G Ethanol Bio Refinery in Assam?

    This one is special, real hard work, not only from legal, but for developing a business case to create a Joint Venture for setting up the first of its kind bio refinery in the world. JV was bringing new technology in India, which was developed in Finland by a company called Chempolis. I was tasked to work on Joint Venture from a legal perspective, and got so involved that I was entrusted with responsibility of leading Joint Venture as Director and key member in high powered committees. 

    Beautiful learning experiences, working between Indian and European Jurisdiction for technology transfer, IPR protection, funding and governance. With the opportunity of developing relationships with industry leaders, learning the whole business ecosystem. Understanding significance of proper documentation, drafting of contracts, resolving disputes along with true understanding of risk identification and mitigation from ground and not only on papers.

    With your extensive experience in setting up solar projects across multiple states in India, what are some of the key challenges you’ve faced in navigating the regulatory landscape and securing investments for such projects?

    The biggest challenge in solar projects across India is acquisition of land, connectivity and uncertainty of regulatory framework. With resolving these three important factors, India will achieve ambitious targets of renewable energy. In one of the projects, between the stage of LOI to signing of PPA, Govt. levied safeguard duty on import of solar panels. Of course, it was covered under Change in Law, but sudden policy changes create hurdles for investments and pose challenges from a legal perspective.  

    As someone deeply involved in the energy industry, how do you see the role of startups and new technology collaborations shaping the future of energy production and distribution?

    It’s like selecting a cricket team. You need a mix of experience and youth to win a championship. If we are looking to solve the biggest challenge of global warming, while keeping the economic pace of India, we require a lot of new technologies and Startups that bring us close to a circular economy. We need new technology in developing green hydrogen, producing batteries with material available in India, utilising biowaste, etc. Without embracing new technologies, we will miss our targets. I personally believe, new technologies with small companies in Europe and other innovative jurisdictions, have great possibility of commercial success with Indian PSUs & Corporate houses. Likewise, India is also becoming a Startups hub and a lot of promising developments are happening. 

    In fact, we at AKS Partners, have a key focus for startups, either Indian or International for providing them, specially designed legal services and in some cases, maybe beyond legal, like connecting right industry players, some funding opportunities with our connection in the sector.       

    You’ve been actively involved in various industry forums and committees, including serving as a member of the Confederation of Indian Industry (CII) National Committee on Bioenergy. How has your participation in these groups enriched your understanding of the sector?

    Absolutely, it has been a pleasure and privilege to be part of these committees and various similar forums, wherein, I got a chance to put my ideas and perspective and educate myself with experiences shared by other leaders. These platforms, like CII National Committee on bioenergy are good forums to deliberate and exchange ideas and make recommendations to the Government for sector growth. In fact, these things prepare you, what is the upcoming trend in the sector. 

    Lastly, drawing from your journey and expertise, what advice would you give to fresh graduates aspiring to build a career in law, particularly in specialized fields like energy and infrastructure?

    First of all, the Indian economy is growing at an unprecedented pace, along with the aspiration of its people and living standards are rising. We are consuming more energy for home appliances, vehicles, data centres, houses, malls, etc. Therefore, the energy sector is going to rise in India. Solar, wind, green hydrogen, electric vehicles will take centre stage, but traditional sources will continue playing their part like Coal, Oil & Gas, etc.  

    To become a specialist in the energy sector, we need to understand the industry in detail. Energy sector is a highly regulated and capital-intensive business. For our clients, or for our organisations, if we are in-house counsel, we need to keep in mind that we are just a notification away from becoming a viable project to unviable business. Therefore, best practices, challenges of the sector, contentious areas and keeping a pace with regulatory development is a must for the energy sector.

    Get in touch with Faizur Rehman-

  • “Sports law presents challenges from rights protection to fair play, but it’s a domain ripe for innovation and crucial for athlete advocacy. I urge young lawyers to grasp a breadth of legal fields before specializing.” – Datuk Dr. Baljit Singh, Founding Partner at Shukor Baljit & Partners

    “Sports law presents challenges from rights protection to fair play, but it’s a domain ripe for innovation and crucial for athlete advocacy. I urge young lawyers to grasp a breadth of legal fields before specializing.” – Datuk Dr. Baljit Singh, Founding Partner at Shukor Baljit & Partners

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

    What inspired you to pursue a career in law, Sir?

    Firstly, thank you for having me on this forum. I must say, that amazing effort has been made, and I was overwhelmed to see that such a platform exists. Now, coming back to your question, what drove me at a young age is that my background; my father is a policeman, and my grandfather, who came from India in the 1940s, was also a policeman. So, in fact, my entire journey from a young age until I left for university, I grew up in a police station. I understand the dos and don’ts, the whole roll call, every flag post, every corner, what happens, and what doesn’t happen. I was ingrained from day one of my journey. In fact, in Malaysia, even though I’m Punjabi, as my first language, because I used to stay in the police barracks, most of them are Malaysians. So the first language I spoke was Malay. Punjabi came later, of course, and picked up with my parents. That was the influence of staying in the police barracks. When I finished my law degree, my father brought me a police application to join as the cadet assistant superintendent of police. For graduates at that time, they had the scheme for senior police officers. I said, “enough for two generations. I am definitely going to do law.” So, when you are at the age of 16, we have form four here. So you divide between the art stream and the science stream. I was given the science stream. I studied in Penang, a Lasallian school. I still remember my principal, who’s Irish from Ireland, Brother Casimir Hannon. So I was in the science stream. I told him, “Brother, I need to switch to arts.” He said, “What? People want to go to science stream and you want to go to arts?” I said, “yeah, because I’ve decided what I want to do. I want to do law. So I just want to focus on the subjects I want to do.” He said, “No, you focus on science. They give you a bigger perspective and all that.” Anyway, I was also adamant. So I took my dad. I told my dad, whatever it is, I want to do these subjects. I was determined. I knew it. This is what I want. This was my path. I knew it. So, that was my journey.

    So, Sir, you have been involved in a lot of legal publications as well, and you have authored many, many articles. What actually drives your passion for legal writing and how do you balance your time between practicing law and following your scholarly pursuits?

    I also don’t know that. How I do it, but I do it, you know. So sometimes I’m wondering how I do it, but I think I take small steps. I take baby steps and I just do it, like my first book on the criminal litigation process. That’s about 700 pages, but the first book took me about almost 10 years. Of course, when you update, it doesn’t take me long.

    I think when I update the book, it takes me about 6 to maybe 10 months. I can update it. But the first book took some time. So then you just progress and you just build on. Articles I pick up on my practice area, which I find interesting, like recently I’ve written on affidavit evidence by way of quasi-criminal cases. You know, what is the burden stand? What is the timeline and so on to file an affidavit? Do you bother about the timeline? Because I say it’s quasi-criminal offences. It’s a criminal case. So as far as I got the concern, that is the interest of justice and not to be procedurally governed.

    All right, so that article has just been published. So that’s from my cases when I do, so I came up with this topic just to add some jurisprudence to the entire legal community. And then I’ve done one more on the criminal investigation, the court’s perspective, sometimes how it is done, because sometimes when statements are given, the courts will say, Oh, this is an afterthought, but then they have to point out to you, that’s the first time that accused has got the opportunity to say something when he gives them and it cannot be an afterthought.

    And what statement he gave the police must do an investigation. The police must not just shrug it aside, you know, they can’t do that. So that’s the reason, I just take my cases, what I do so that I just come out with an article. So that will interest readers and also will help in the legal journey for others when they have cases and so on there’s something to look at. Then I progressed on to do my Masters at the University of Malaya. Then I also earned a Diploma in Sharia Law in UIA. That was an 18-month course.

    So, that was on Saturday morning. I said, “Why not just do it, you know?” PhD was torturous for me because it was a lonely journey, with no friends, nothing. I got to thank COVID for helping me complete my PhD because I realized I came home, I got nothing else to do other than sit down and work on my PhD. In fact, my viva was done by way of Zoom, my chapters also because towards the tail end. I completed almost seven years, but because of the exemption of the COVID period, I was able to complete it. I think I got, in a way, the blessing of COVID because I’ve been forced to sit down and do my work.

    And then of course, my family also supported me. My wife did the editing and checking everything, paragraphing all in order, giving some advice, and giving some pointers. Because she had done a PhD earlier than me, so I had a tutor at home also to make sure that I’m on track.

    That’s what I did during the COVID time because for months, we were at home base, you see, almost a year or so. That’s where I said, “Okay, now let’s complete this.” And during COVID, I also started on my book. So I always keep myself moving. There’s always something that I’m doing. Nowadays, I also start to get my younger lawyers to come in and to do articles with me so that I want them to also progress, so that they work together with me as a co-author on the articles. So they also gain a track, and of course, for me, I’m more or less walking to sunset already.

    So the younger generation, you are the future. So, you know, whatever I can do, why not? Because whatever I have is all given by the almighty God. So for me, just to hand down, so that’s about it.

    As the president of the Sports Law Association of Malaysia, and being deeply involved in the legal aspects of sports beyond criminal litigation, could you provide some insights into the distinctive challenges and opportunities within sports law? How does it intersect with the broader legal issues you encounter on a daily basis?

    Now, by virtue of sports law, I also chair the Malaysian Football Federation Disciplinary Committee for the entire Malaysia for discipline cases, players, and so on. Of course, that is a disciplinary angle, right? It’d be interesting to see because sports are very close to me. I was an all-rounder, you know. Whether you want me to play volleyball, I can play. Whether you want me to play tennis, I can play. Football, I play. Hockey, I play. The whole works, you know. You want to play basketball, I play. As a son of a policeman those days, we don’t have games, and we don’t have phones. We are out of the house at 4 PM, and we come back at 7. We play everything, including playing kite, playing marbles, the whole works. So sports are very close to me.

    Basically, when it comes to sports law, of course, this is a new area. It is a new jurisdiction. Of course, the law is quite settled, but it’s a new area in many jurisdictions. And of course, the United Kingdom, the US, and London, I think more track because they have the entire sports association like football and all, big thing.

    So, of course, they track more. Here is basically when you’re looking at the rights, the players’ rights, protecting the athletes’ rights. And then to make sure it’s fair play, and then the bigger issue is on doping cases. How to be dealt with, then contractual disputes. So this all derived from this sports law. It’s a good area to come in but sometimes I have this problem with younger members of the bar they say, “Sir, I want to come I just want to do shipping.”

    I want to do construction. I just want to do sports law. I think that’s a bad recipe, a bad formula. So whatever you intend to do, do general first for four, or five years, right? Pick up the entire thing. Then maybe after the seventh, or eighth year, you can think about what you want to do, okay?

    Because you must understand, the legal journey is a continuum, a continuous process. And you just take care. Everything is taken care of you. Because the other problem is nowadays, most of the young generation, I want to make this much. I want to make some X amount. Don’t worry, don’t worry. Be good at your work. Everything will come. Just be good. Be good. Do honesty, okay? Do your work well, prepare your files well, prepare your pleadings well, and prepare before going to court well. Be diligent. Hey, don’t worry. Things will be in your favour, but things will come.

    The younger generation, they can’t wait. So I just say maybe do some breathing therapy. Calm down, relax, and then take baby steps, and then just focus, and also don’t be too… I mean, of course, money, everybody needs, we don’t deny that, you know, you need to pay bills, but take it easy. And the law profession definitely can put a meal on your table, alright? There’s no doubt about that. Doctors, lawyers, and all that, the meal can be on your table, and pay your basic rights, things, what you need, your needs, can be done. But don’t worry. Spend time developing your work, and spend time doing quality work.

    So I build my career like a block, you know, block by block, block by block. So even today, it’s another block, another block. It goes on like that, okay? And of course, I always believe that if you can help anybody, help. There’s nothing, it doesn’t cost you any money. Where you can assist, assist. Alright? Because no man is an island, okay.

    Being appointed to the Royal Commission of Inquiry to review Malaysia’s sovereignty over Pedra Branca, Middle Rock, and South Ledge is indeed a remarkable achievement. What contributions do you aspire to make to this significant inquiry, and what are your expectations regarding the desired outcomes?

    Yeah, because I’m a member of the Royal Commission, I’m governed by secrecy, so I can talk about what is there in the public domain, all right? So, the public domain will be the judgment of the International Court of Justice in 2008, where I gave Pedra Branca to Singapore. Then there’s another process that Malaysia filed for revision and interpretation, in which Malaysia later withdrew the application to ICJ. But basically, that is all in the public domain. On our Royal Commission, I think it’s basically the due processes that took place, how the processes took place for future leaders, future generations to understand what’s going on. It’s a good decision for all students to read from the International Court of Justice, particularly international law.

    When I started my career, I did everything. So whether you’re doing a property transaction, whether you’re doing a civil case, whether you’re doing a criminal case, all I had to do is read up everything I can see. I can see the whole thing in the picture. So that’s why, unless you’re very certain, take one step at a time. I must inform the students. Remember, when I started, I was riding a motorcycle, I rode a motorcycle for two years. Of course, people don’t look. People look now at what I have and what I do but don’t realize that I was also living on my basic needs. I was the son of a policeman, you know, so my father was just a constable, corporal. So, he had to be careful with the budget. Then I used to give tuition to sustain myself. All this is a process. Be calm, relax, focus, and take baby steps. And of course, also to mix with the right company. If you mix with the wrong company, then that becomes a problem because you want to be in the places where you want to be seen.

    Then you start spending more than what you earn. For me, I would just say, if you can, no alcohol until you are established. I would say no alcohol. I didn’t take any alcohol until I was after 40. Because all this, you need to balance out, okay? You need to balance out.

    Of course, you need to enjoy, you need to relax, okay? But all things, you need to calibrate and balance it out. Okay.

    As someone deeply involved in numerous committees and task forces, including serving on the advisory panel to the Malaysian Anti-Corruption Commission, your dedication to combating corruption is evident. How do you perceive the role of legal professionals in tackling significant societal challenges like corruption? Furthermore, how do you envision the pursuit of justice in this context, aligning with the principles you have advocated for throughout your career?

    I think I wear too many hats around. You know, I also sit as honorary assistant commissioner of the police. Also, as a member of the MSCC advisory board, I’m in the preventive panel. So, you see, my role in the MSCC is basically preventive. So, what can we do?

    One is maybe having the syllabus being taught, maybe a small topic being taught in the universities. Start from the school, telling them about the corruption. What is corruption? Introducing some simple thing. Maybe it needs to be less than five pages. It’s all right, but give them an idea that this is not acceptable. This can cause chaos in a country, in a system.

    So one is preventive way, and then you have awareness campaigning in the universities. Even in the primary school, secondary school, you have this awareness campaign. Maybe you have a week of corruption, anti-corruption debate. Or maybe quiz or whatever, to bring the awareness to people and then in the shopping mall, in the big organizations, you have talks, you have anti-corruption pledges by the staff, so on.

    Of course, corruption is not easy. Every country has got it, but we need to make sure we can put it to the very minimum or maybe if possible eradicate, but not easy. It’s an uphill task. And of course, Malaysia, as you know, we have also very interesting cases going on in court which you have seen our former Prime Minister who’s been tried and convicted and other charges are pending. So, you can see Malaysia is okay, you know, in terms of democracy, in terms of processes and all. It’s all right. There is a due process in place.

    Your extensive contributions to society are evident. Did this influence your transition from practicing law to becoming an adjunct professor at multiple universities, offering a unique perspective on your varied approaches? Given your multifaceted background, how do you approach teaching law, and what advice do you typically impart to aspiring lawyers or law students entering this field? You mentioned being open to various practices earlier. Would you care to elaborate on that, Sir?

    I think I bring an interesting perspective because I bring real-life situations to the classroom. They can see how it’s related. I can tell them, “Okay, I picked up on a certain area. This is what happened. These are the facts, this is how this law is legislated, and then this is how it’s been applied. Can you see the case now going on in court? What happened?” So they can see the whole segment connection into one piece. That’s where students, I think—I don’t want to be too overconfident—they truly enjoy my class. They just like the connectivity that I bring from practice-related industry to the academic world, so that is a thing.

    The adjunct professor part is basically for me to bring industry experience to that particular area because, you know, nowadays, for any students, when they go out to work, some of the employers, maybe most of them, have this—they want the students to be the practice-ready approach. Some of the students that start their internship, they don’t even know how to use a photostat machine. They don’t even know how to do a file. They don’t even know how to staple this thing. How do you handle your correspondence? How do you handle your course papers? You know, simple things like that.

    Because nowadays I think some books are available online, but some of the textbooks are good textbooks. Sometimes, you know, must know how to navigate yourself with a textbook. How do you do research with the indexing, with the footnotes, with all this, so you must know how to navigate yourself from the textbook.

    So this is one area I think we’ll soon have a problem. It’s good. It’s good to be tech-savvy, yeah, but some of the books, especially some of the old books which carry, of course, you know, that law of trust. That is a dry area that the law of trust is not going to change, but most of the old books on this area, a lot of salient points are inside the old books, and of course, they’re not going to transcribe anything and put online because it is a question of how much can they earn from that—you can see how much revenue they can generate. Of course, nothing much, but if you’re doing certain areas of law, it is good for you to know how to do manual research, rather than, you know, being tech-savvy.

    Of course, tech-savvy is very good. But manual research also, do not abandon it.

    Given your extensive experience in criminal law, are there common misconceptions about the legal system that you frequently encounter? How do you actively address and dispel these misconceptions to ensure clarity and understanding among individuals seeking your expertise?

    One serious misconception they always have is if you’re innocent, you’ve got nothing to worry about. Let the case go on. But you must understand, you put a person on trial, and the trial then takes years down the road. And then you tell him you’re innocent, and you know, he lost the entire earning and so on.

    So this misconception by saying that, hey, if you’re innocent, you’ve got nothing to worry, that is not true per se. I think most of the investigations that are done are not objectively done, then you put the person through this, right? And of course, another misconception is people will say, Okay, if you sign a document, you’re bound by it.

    Okay, in a criminal case, so on, a lot of things you must see whether the person has authority to do so, whether it’s done by duress, whether it’s done by force, was he misled. So all these things by way of talks, by way of interaction. This misconception must be dispelled.

    We’d love to delve deeper into your passion areas within law. Could you share what specifically drives your passion and what you aim to impart to your learners regarding these exceptional and innovative areas you’re practicing in?

    Other than my practice, I would just say, you must have a balanced life. So if ever I can, if I can do daily walks or simple daily gym, I do it because that is to calibrate myself, to keep my body chemicals in balance, and for me to think better.

    In fact, if I go for walks, I go alone because there’s so many things that I’m thinking about, and I get so many ideas when I go for my walks. And better still, if I walk into a jungle tracking and so on, it gives me amazing. So that’s where I get my inspiration.

    I get my ideas and so on. Reading, reading makes a person, that you cannot deny. And I personally read autobiographies. I read all, I go from the left to right. I think the book that I love best is Long Walk to Freedom by Nelson Mandela.

    In fact, I read that four times, you know. Simple, very simple written. And then how he was incarcerated for almost three decades, you know, 27 years, 28 years put there almost three decades. And how he’s taken and how he’s dealing and coming back into power and so on. So the process.

    So I read the book, at least I think three to four times I’ve read it. I also even read, In Line of Fire by General Musharraf, Pakistani former Prime Minister. Anyway, all these books are available in India, so don’t say that you cannot get it. India has got great autobiographies of judges and so on. You can pick up, and the most famous crimes and all that, they have a lot of these books.

    In fact, one of my favorite bookstores is normally in a Jain bookstore in a corner place in Delhi. So that’s one place where I sit from morning to evening, looking at books. Sometimes I spend days just sitting down there, morning to evening. Vishal is the owner there, a good friend of mine. So he will be entertaining me with coffee and tea. So I sometimes sit one, two days from morning to evening, picking up the books, reading what I need to do. And I send it back. But nowadays, of course, some of it, I get it online.

    So there are other books also, even Gandhi. Of course, Gandhi, the entire book, how his journey, I read his book at least. I find it interesting. I read it twice. But I stumbled upon another book by Nathuram Godse. And into why he assassinated Gandhi. I found that book from Jain bookstore also. I’m not campaigning.

    I’m not selling it. I’m not marketing for Jain. I’m just, don’t get me wrong. So I’m just saying, I found the book from there. So I picked it up. I saw his train of thought. After committing that, after firing the shot, he stood there. He didn’t run away. All right. He wanted to make a statement.

    And then even in court, he refused to engage a lawyer. And he prepared his own printings and so on, and that book that I’ve got, I think I can’t remember. Yeah, but it’s written by himself. Yeah. All right. And the pleadings were done by him. So it’s interesting, you know, to see another perspective.

    And then of course you have Dalai Lama, then you have Bill Clinton, and then the former presidents of the United States. You have Lin Kuan Yew, even in Malaysia, Dr. Mahathir. You have a lot of these books to see their thinking process. How they look at things and their journeys.

    So when I go for holidays, I’ll normally have two books. One is autobiography, one is doing revision. Maybe on criminal procedure, on criminal law, on evidence, or civil procedure. I just have to revise. Just to catch up, and just to keep the momentum.

    I think the students must just not stick to the law books per se, but these books also give you dynamics, help you to build. And then, of course, there are some good movies as well. You know, you can look to articulate your advocacy skills and all that.

    Of course, movies, the movie world and the actual practice is different. But there are some good movies. There’s some good legal movies just to see the advocacy skill, but of course, practice is far away from the movie world, but just, if you’re looking at that, I think Bollywood is really run away, far away from the actual practice, except for the court surroundings. So that’s how you need to balance between yourself. And sometimes you must know when you’re a bit stuck in a particular corner, there’s things to be done, calm down and all that. And also sleep is very important. So do not compromise on your sleep. Do not study last minute. Then you know, when you study last minute, what happens? Then you get everything clamped up, then you get upset, then you’ll be throwing tantrums. And also, take care of yourself by doing your daily exercises. I’m not asking you to run marathon, no, or go for triathlon or go to Ironman. No, simple, simple exercise, 45 minutes walking, stretching, and then take vitamins, I think the vitamins that you really need is, B complex because mental fatigue, you know, because you read and you read, you get tired, you must be able to rest your eyes and all, these are small small things.

    If I presume that you’re doing your reading, and not socializing or gallivanting around town, la, so anything else if I can assist anyone.

    I’d like to inquire about how you navigate the balance between your personal and professional lives. You mentioned the importance of activities like taking walks, engaging in exercise, and incorporating both light and legal reading. How have you managed to strike that balance in your own life?

    I plan my day ahead, one day before, sometimes two days before, and occasionally even three days before. So when I get up in the morning, I know that 8 to 9 is scheduled for this, 9 to 10 for that, 10 to 11 for another task, and so on, with specific time slots allocated for each activity.

    I always have tasks lined up, ensuring a productive day. For instance, Saturday and Sunday afternoons are designated for my nap, while on other days, such breaks aren’t feasible due to work commitments. Sometimes, I also take short 10-15 minute naps in the office to recalibrate.

    I’ve structured my schedule in this manner, planning it out meticulously. For example, when working on an article, I may spend three to four months on it, revising and refining it in stages. It’s an iterative process of drafting, revising, and contemplating.

    As I mentioned, I have allocated time slots for everything, and I adhere to them. If I’m unable to complete a task, I don’t get upset; it’s a part of being human. I simply reschedule it for the next day because planning is crucial. As the saying goes, “If you fail to plan, you plan to fail.”

    It’s essential to plan and prepare a sequence of tasks. I always take time to prepare and analyze my schedule, ensuring efficient utilization of time. That’s how I approach my daily routine.

    Get in touch with Datuk Dr. Baljit Singh-

  • “Hard work has always been the key to any success story. And updating oneself with all new developments would help in going long way” – Altaf Fathima, Advocate-On-Record & Partner at Saraf and Partners

    “Hard work has always been the key to any success story. And updating oneself with all new developments would help in going long way” – Altaf Fathima, Advocate-On-Record & Partner at Saraf and Partners

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

    Can you share with us the story of how you embarked on your journey in the field of law? What inspired you to pursue a career in this challenging yet rewarding profession?

    It was a mere coincidence. I was waiting to join medical college and since my rank was a little high my parents were looking at various options, In the interim my mother insisted that I should expand my General knowledge and write some competitive exams. She was always interested in Law and when she read in the Newspaper that the State of Andhra Pradesh (then a combined state) has a National Law University akin to NLS Bangalore, she decided that I should write the entrance and once I wrote the entrance and was qualified, she wanted me to join NALSAR. 10 days into law school, I knew that I belonged there.

    Transitioning from being an independent practitioner to partnering with esteemed law firms like Saraf and Partners must have been significant. What motivated you to make these transitions, and what unique opportunities did they offer?

    There is a huge difference between being an independent Lawyer to being a Partner in Law firm or being part of a Law firm. I handled work for some Law firms while I was an independent practitioner and I enjoyed the quality and Variety of work that Law firms offered. Hence when I was offered a position in a Law firm, I decided to accept it. Getting an opportunity to work with Foreign Law firms and assisting them with their local disputes is something I enjoy and believe that only a Law firm can offer. The reason is that Foreign Law firms are comfortable engaging a reputed law firm instead of an individual lawyer as it assures them not only of quality of work but the immediate response and confidence of a team being involved instead of an individual.

    As an Advocate-on-Record, you’ve represented clients before various legal forums. Could you share insights into how your approach differs when dealing with different types of cases, be it criminal, corporate, or others?

    Connecting evidence to build a case and convincing the court to discard the evidence that falsifies your case is crucial in any Criminal matter. I feel what is required is thorough knowledge of facts and procedure and connecting the same with relevant case law wherever required. Sometimes I rely on the peculiarity/uniqueness of the case in the absence of case law to score an order.

    Even in a civil dispute, I believe that a strong hold on facts is necessary as it will help you in taking varied steps without having any negative impact on main issue. Problem-solving and immediate relief are two aspects that the party intends to achieve when it is faced with litigation. I look at the problem holistically and adopt a foolproof approach, acknowledge the loopholes in our case and highlight the strength of our case to achieve better results. 

    In commercial disputes, my focus is mainly on obtaining immediate relief which gives the party an upper hand over the opponent which finally weighs during the final hearing or settlement.

    Being appointed as Amicus Curiae by the Supreme Court for complicated criminal matters is quite an honor. Can you share an experience from one such case where your intervention made a significant impact?

    The matters that I represented as Amicus curiae were of convicts facing life imprisonment. I cannot claim to have made a significant impact but it definitely gave me an opportunity to assist the court and bring before the court the facts and evidence which were not appreciated by lower courts.

    Outside of your legal career, what are some personal hobbies or interests that you find enriching, and how do they complement your professional life?

    I always enjoyed meeting new people, making new friends. I am a very outgoing person. Knowing more people and more life stories helps you in becoming a better person. Understanding others point of view brings a different perspective and I feel that guides me in professional life. When I work with a lawyer or against lawyer, I am able to appreciate some of their unique traits as lawyer which enhances their professional self and I am able to absorb the said qualities to the extent it suits me. I feel that it is because of my personal interest of knowing people that I am able to appreciate them.

    Reflecting on your journey thus far, what advice would you give to aspiring lawyers looking to build a successful career in the legal field, especially in today’s dynamic and competitive landscape?

    Hard work has always been the key to any success story. And updating oneself with all new developments would help in going long way. With emergence of AI, youngsters should brace themselves with appropriate skills to tackle the competition and stand out.

    Recognizing your potential, top law firms have partnered with you. What qualities do you believe set you apart as a legal professional and make you a sought-after partner for these firms?

    Giving 100% to work, being absolutely dedicated to organisation that I work for, having an intention to uphold the pride of organisation and doing good business to my potential may be the factors. I have been lucky to be associated with such great firms and people.

    Having practiced both as an Advocate-On-Record and as a Partner in prominent law firms, how would you describe the differences in the nature of work and professional dynamics between these two roles?

    One major difference is that you understand and act towards the desired results of the client better in a law firm setup. As an independent lawyer, you sometimes may tend to prevail over the client and limit his/her expectations as the same may seem to be beyond the purview of the case but sometimes when you listen to the client there are situations when better reliefs are obtained or at least doors have opened to better reliefs

    In your extensive career, you’ve encountered a myriad of legal scenarios. Could you share a particularly unconventional or unexpected challenge you faced in a case and how you navigated through it, showcasing your adaptability and creative problem-solving skills?

    I will use the latest example where we filed a review petition against the order in Writ Petition. The client had consulted renowned senior advocates at Hyderabad but could not come up with definitive plan and was confused about the way forward. The Opponents who are the third parties to the specific performance suit filed by the client obtained an order by filing a writ petition for registration of suit property in their favour. This was done by misleading the court that there is no injunction order in favour of my client. When the client approached us the issue was three fold

    1. What would be the effect of reversing the order in the writ petition

    2. Once the sale is complete can it be reversed by order in review.

    3. What would be the right approach since a declaration suit filed by the opponent and a suit for cancellation of the sale deed filed by us are pending before other courts.

    We have strategized the case and while taking steps simultaneously before different forums to avoid any further damage to the case, we were able to navigate towards success. Today my client has a favourable order for the cancellation of the sale deed of the opponent.

    Get in touch with Altaf Fatima-