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  • “As a commercial lawyer in order to maintain a strong track record of repeat clients it is necessary to delve into the nitty gritty of the technical and commercial aspects as the same is an intrinsic part of problem solving”- Priyanka Sinha, Co-Founder & Partner at A&P Partners

    “As a commercial lawyer in order to maintain a strong track record of repeat clients it is necessary to delve into the nitty gritty of the technical and commercial aspects as the same is an intrinsic part of problem solving”- Priyanka Sinha, Co-Founder & Partner at A&P Partners

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

    Can you share with us your journey into the field of law, particularly your decision to pursue it as a career path? What inspired or motivated you to become a lawyer?

    After my 12th standard, I was keen on taking up a professional course. I had not seen too many lawyers around me in my growing up years but I was intrigued to take up law as it had multiple disciplines. I had knowledge that during the 5 year course I would get an opportunity to explore the vastness that the law course would offer before treading my own career path. 

    With your extensive experience in handling both domestic and international matters, what challenges have you encountered in navigating different legal systems and cultures, and how have you overcome them?

    Whilst working on international disputes it is necessary to have a team of local councils who are not only a subject matter expert but have a strong understanding about the practices adopted in the particular territory. There is a departure in the practices adopted in different jurisdictions.  On one such instance whilst handling Insolvency matters in Germany it came to our knowledge that apart from preliminary insolvency and the final insolvency proceeding, there also exists a Pre-Insolvency Restructuring that takes place before occurrence of Insolvency. The Insolvency framework although stands structured in Germany but has many complexities which demands finer understanding of the legal aspects and applicability. Moreso, as per the German Insolvency laws it appears that the rights of an Insolvency Administrator is extensive as compared to the legal provisions provided in similar statutes of India. In another matter where a conviction order was passed by the French Court and we had to represent a reputed MultiNational Conglomerate and their officers, we discovered that there is a timeline of 5 days to file an Appeal in the Court of Cassation (The Supreme Court) from the Court of Appeal. We came across peculiarities where a matter of civil nature was transferred from a French commercial court to a French criminal court and subsequently a combined order was passed by both the Courts. These experiences are enriching as it gives a wide and holistic understanding of the subject matter. One feels elevated whilst handling these matters as you begin to appreciate and  engage in a comparative understanding of the practices, judicial precedents adopted/applicable in different jurisdictions. 

    As a trusted counsel to several large Multinational Companies, Indian Corporates, and High Net Worth Individuals, what strategies do you employ to build and maintain strong client relationships?

    We primarily focus on Partner availability for all our mandates as client satisfaction is the primary objective for us. We adopt a problem solving and solution-oriented approach which is ingrained in our Firm’s ethos and acted upon by the team. In today’s time and age with information being widely available, we have noticed that Clients are well read and aware of the legal provisions, however when they reach out to us and need us to handhold them on any particular issue, the same needs to be solution oriented. As a commercial lawyer in order to maintain a strong track record of repeat clients it is necessary to delve into the nitty gritty of the technical and commercial aspects as the same is an intrinsic part of problem solving.  We also adopt a Flexi Model with regard to billing which ranges from hourly billing/ lumpsum/ retainership fees which adds client’s convenience. We appreciate constructive feedback from our clients. For our MNC and corporate clients we are able to maintain a strong relationship with them as our advisory is not limited but it extends post closure of a transaction/ submission of a deliverable. We apprise them of the developments in the relevant sector, extend our support to navigate through concerns that may arise after execution of a contract. 

    You have a strong track record in successfully representing clients in litigation and dispute resolution. Can you share with us a particularly challenging case you’ve worked on and how you approached resolving it?

    Well, every case is challenging in its own respect, however there was a case where we represented the Petitioners (unmarried couple) before Hon’ble Bombay High Court wherein our clients sought to be appointed as the guardian of the minor child. Although the petitioners (both Hindus) were the biological parents of the minor child, the mother i.e. Petitioner No.1 was married to the Respondent (Muslim) when the child was born, therefore the Muslim Muslim personal laws were applicable to the child. It is a well settled position that the Muslim Personal law does not recognize legitimacy of the child and the mother as the natural guardian in such scenarios. However, the Court keeping the interest of the child as paramount consideration appointed and declared the Petitioners, though in a live-in relationship, were appointed as natural and legal guardians of the Minor child by virtue of being biological parents of the child. In the given scenario, apart from the other challenges we encountered the limitation with respect to carrying out a Paternity test in India and proving the Petitioner as the biological Father of the child.

    Given your expertise in various practice areas such as Construction, Corporate and Commercial, Media and Entertainment, and Insolvency and Bankruptcy Laws, what advice would you give to young lawyers who are looking to specialize in a specific area of law?

    In the current times there are multiple niche areas that are growing in the field of Law. An advice that I would like to give to young lawyers is that one should explore each and every area of law. These newer areas have ample opportunities that young lawyers can grab onto. Further, young lawyers need to be agile and take up work in different aspects of law rather than restricting their practice areas in the initial few years of their career. 

    You have been actively involved in mentoring entrepreneurs, startups, and MSMEs. What are some common legal challenges you’ve observed among these clients, and how do you assist them in overcoming these obstacles?

    Many cities in India have seen a growth of MSME’s. These MSME’s however are not familiar with the regulatory framework, and therefore a lacuna arises when they are unaware about certain aspects such as the recovery of dues and claims. For Startups and Entrepreneurs, I have seen Entrepreneurs appoint a lawyer only when there is a dispute or a situation that requires the presence of a lawyer. There are certain important aspects such as those of the regulatory nature and agreements that should be in place at the inception such as a co-founder agreement or a shareholder’s agreement that is ignored by many first time entrepreneurs. It is imperative for Startups to take legal advice during the lifecycle of the company in all its growth stages and not only at a firefighting stage. 

    Lastly, considering your wealth of experience and accomplishments in the legal field, what advice would you offer to fresh law graduates who are just starting their careers?

    As stated above, for fresh law graduates’ agility is one important personality trait that they should imbibe within themselves. Young lawyers need to be agile and should not limit their practice areas in the initial few years of their career. Also, a young lawyer should patiently take interest in understanding commercial and technical aspects whilst working on any mandate/matter.

    Get in touch with Priyanka Sinha-

    • “The best part about being a lawyer is that we can work in any industry”- Jahnavi Upadhyay, Corporate Investigation Counsel, Accenture

      “The best part about being a lawyer is that we can work in any industry”- Jahnavi Upadhyay, Corporate Investigation Counsel, Accenture

      This interview has been published by  Priyanka Karwa and The SuperLawyer Team

      Could you please share your journey of how you ventured into the legal field, especially considering your extensive experience in both litigation and corporate advisory roles?

      I again wanted to study after my divorce as I had the responsibility of a child. One of my seniors and guide introduced me to litigation. When I stepped in Delhi High Court for the first time, I knew this was it. I interned all throughout my LLB during free time and started my own firm after passing the BAR exam. Litigation has always been my passion and while I was in transactional profile for one of the organizations, I requested the organization to assign litigation to me.

      With over 14 years of experience in litigation, arbitration, and legal strategy, what significant lessons have you learned along the way that have shaped your approach to handling high-stakes legal matters?

      Legal profession is practice and not every day is the same, patience, perseverance and discipline are key to surviving and eventually succeeding. To manage high stake matters, one has to have an eye for detail, early stage risk evaluation is must, multiple scenarios have to be worked out and strategies have to be prepared for the same in advance.

      You’ve held various positions in both legal and entrepreneurial domains. How has your entrepreneurial experience influenced your perspective and approach as a legal expert?

      My entrepreneurial experience made me understand the actual difficulties of the businesses and business teams, which made me a solution finder. It’s a well-established fact and has been a matter of research that if a solution is not holistic it’s not a solution but a long-term liability. This understanding is an asset for me, that the solutions or negotiations can’t be one sided and has to be made basis keeping holistic business welfare/ organizational welfare in mind.

      As someone deeply involved in corporate advisory and transactions, could you elaborate on how you integrate legal strategies to mitigate risks for senior management within companies?

      Knowledge set enhancement by keeping an eye on latest developments in the field of law always helps, connecting with the peers in the industry helps, usage of right risk mitigations tools is key these days due to dynamic legal/ business environment and employee training are key.

      Your profile mentions expertise in stakeholder management at the company board level.     How do you navigate the complexities of legal matters while ensuring alignment with broader business objectives and stakeholder interests?

      I have managed stakeholders in regulated industries and across the industry and also at the internal company level. I would say 80% of any job done is people management and 20% is actual work, if you know people, their requirements and you can achieve it in a holistic manner. One should develop soft skills and enhance knowledge set to keep up with the stakeholders.

      Given your background in setting up legal teams and managing cross-functional collaborations, what key strategies do you employ to ensure legal objectives are met efficiently, both in terms of time and budget?

      While setting up the team, one must be mindful of the environment, policies and expectations of the organization. Right fit is difficult to find but it’s better to work hard in the beginning rather than struggling for long after a wrong person is hired. One has to have clear objectives, right partnerships with law firms/ other support organizations, ensuring budget is adhered to by having right contracts in place, evaluation of external counsels performance, etc are a few key aspects one has to keep in mind.

      Your experience spans across multiple industries, from aviation to fintech. How do you adapt your legal expertise to address the unique regulatory challenges and compliance requirements of different sectors?

      Fundamentals of law remain the same. As lawyers we are used to reading/ research and if one surrenders to learning, one can work in any domain. The best part about being a lawyer is that we can work in any industry. One should look at the right value, skills can be learnt.

      Lastly, drawing from your wealth of experience, what advice would you offer to fresh law graduates who are stepping into the legal profession, particularly in terms of navigating the complexities of litigation, corporate advisory, and stakeholder management.

      Focus on basics and fundamentals of law, be flexible, don’t let biases affect you. People see you as a success after hard work of 10+ years, till then it is tough for a first-generation lawyer. But if you follow the code, you will succeed, just believe in yourself.   Another thing I have always believed is that nothing is impossible and don’t follow the rigid thought process, be flexible in approach and strategies. I always wanted to experience all the fields of law, and thus, I ensured that I work in varied profiles and not stick to one stream. I am a generalist and I believe that as lawyers we can venture into any aspect of law as and when needed (litigation background helps here).

      Get in touch with Jahnavi Upadhyay-

    • “Your attention is your most valuable asset, Focus on mastering corporate law and industry knowledge; it’s the cornerstone of expertise in handling complex cases.” – Tanu Priya Gupta, Advocate-on-Record at the Supreme Court of India and Founding Partner of Sarvagya Legal

      “Your attention is your most valuable asset, Focus on mastering corporate law and industry knowledge; it’s the cornerstone of expertise in handling complex cases.” – Tanu Priya Gupta, Advocate-on-Record at the Supreme Court of India and Founding Partner of Sarvagya Legal

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

      Can you take us through your journey from college to becoming an advocate-on-record at the Supreme Court of India? What inspired you to pursue this path and take the Advocate on Record exam, and what challenges did you encounter during the initial stages of your career?

      Law was not an obvious choice, and in fact, I didn’t really fully comprehend what it entails when I opted to study law at CLC, Delhi University. My friend’s father was a sitting judge in Tis Hazari Court. His encouragement to take the DU Law entrance, along with my active involvement in DU student politics, paved the way for my legal career. After this, I can say that I pursued my career in law with the utmost loyalty, and the journey has been fulfilling and enriching so far. 

      College internships provided practical insights into the legal profession and a glimpse of courtroom procedures. While my peers gravitated towards the lucrative corporate world, I naturally gravitated towards traditional litigation. After completing my law degree, I joined reputed litigation firms, where I had the opportunity to work on diverse cases and regularly and independently appear before courts and tribunals. In late 2016, I decided to go on my own and continued so until last year, when I, along with two other partners, decided to join hands and form a law firm.

      Regarding my decision to become an AOR, I can confidently say that almost every lawyer, including myself, aspires for the privilege to appear before the highest court of this country. As my professional trajectory advanced, I decided to become an AOR so that I could independently represent my client and do the filings in my own name.

      As far as encountering challenges in the initial stages of my career, I must state that working in law firms has its own set of advantages. Consequently, apart from meeting deadlines and managing court cases with diligence and effectiveness, I encountered no typical initial challenges, especially those concerning sustainability. Having said that, there are challenges that are inherent to this profession, such as the constant need to perform, obtain relief, look out for your client’s best interests, and strive for legal excellence. These challenges are timeless, and I still face them today, every day, and in every matter. 

      As a co-founder of Sarvagya Legal, what inspired you to establish your own law firm, and what unique perspective do you bring to the table?

      I have come from a law firm culture and have always felt most at ease in an environment where people collaborate, a structure is in place, roles are defined, and responsibilities are shared.

      After going independent and facing some initial resistance and hiccups, I was able to establish a comfortable practice. However, I still missed the camaraderie and support network that come with being part of a firm. This led to the need to look out for my comrades. Besides this, I have first-hand witnessed the difficulties that individual lawyers face when navigating legal matters. This experience, together with my personal preferences, strengthened my resolve to have a firm that unites like-minded people who prioritise legal excellence and professional ethics. Sarvagya Legal is all I really hoped for. Plus, Mr. Abhishek Birthray and Ms. Reeta Mishra, my partners, have a great deal of experience and expertise. Though Sarvagya Legal is only a year old, I believe the noteworthy standing of its partners is the reason our Firm has already gained a lot of credibility in the fraternity, and I couldn’t be prouder. 

      One of the unique perspectives I bring to the table is a rational approach to legal representation. I believe that the integration of legal proficiency, client-centricity, and a practical mindset leads to successful outcomes. 

      With your forte in infrastructure and construction arbitration, could you share a memorable case that taught you significant lessons about navigating such disputes?

      For me, each case was memorable and had its own set of learnings and takeaways. One case taught me that in construction arbitration, which is primarily document-driven and involves admitted inordinate delays and cost overruns, a thorough cross-examination of cost overrun claims can reveal duplications and discrepancies. This, in turn, can aid in the huge reduction of overrun claim amounts.

      Large-scale construction arbitrations generally involve a multitude of documents and contributory breaches by parties. There, the devil lies in the details. Thus, familiarising oneself with this multitude of documents is crucial. 

      I have also realised that even though in arbitration one is able to extensively introduce and argue its case and cite innumerable documents, it is a story that sticks. Therefore, introduce your case as a story and then substantiate it with supporting documentation.

      Being an advocate-on-record at the Supreme Court of India, what challenges do you face in representing clients before such a prestigious institution, and how do you overcome them?

      The first and foremost challenge is that there is intense pressure to secure a favourable outcome for your client, as it is generally the last resort. Clients often have high expectations when their cases reach the Supreme Court. It’s important to manage client expectations realistically and communicate clearly about the legal process and potential outcomes.

      The Supreme Court has high standards of advocacy. Every minute that the Supreme Court provides is valuable. Thus, keeping arguments persuasive and succinct is often challenging, especially considering that a case that has already travelled this far involves complex issues and a gamut of facts. 

      To overcome this challenge, I ensure that I have a thorough understanding of the facts and legal principles involved, so that I can crystallise relevant issues in the simplest form possible. In addition, I attempt to mentally prepare myself to respond to difficult inquiries by practicing potential answers.

      You’ve been actively involved in academia, speaking at law colleges and conducting online courses. How does this blend of academic engagement enrich your legal practice?

      Maintaining a lifelong commitment to learning is critical, and being actively involved in academia helps me achieve it. Engaging with law students and professionals from non-legal backgrounds allows me to delve deeper into legal propositions from different perspectives. Moreover, these engagements allow me to contribute to the profession in my own little way.

      Given your extensive experience, what advice would you offer to young lawyers aspiring to build a successful career in corporate-commercial litigation?

      Your attention is your most valuable asset. So pay attention to developing a solid understanding of corporate law and industry knowledge. This foundation will serve as the basis for your expertise and confidence in handling complex cases.

      Pay attention to the facts and legal principles involved in the matter. Precision and accuracy are crucial in corporate-commercial litigation, where even small errors can have significant consequences.

      Pay attention to maintaining high ethical standards, and remember that trust and respect in the fraternity will be your professional legacy.

      Lastly, pay less attention to the noise around you, and remember that there is no strait jacket formula for success; there is no singular definition of success. We all have different paths; what matters is whether we gave it our all.

      Could you share a pivotal moment or mentor who significantly influenced your journey as an advocate-on-record?

      It’s difficult to narrow down any particular pivotal moment or mentor who significantly influenced my journey. However, I have been fortunate enough to work closely with brilliant professionals and legal luminaries. Their wealth of experience, strategic insights, and dedication to the profession left a lasting impact on me. Their guidance continues to influence my journey, reminding me of the profound impact mentorship can have on one’s career in law. Perhaps that is one of the reasons that I actively dedicate my time to the world of academia.

      With your involvement in various government organizations and public sector units, how do you navigate the intersection between legal intricacies and bureaucratic procedures?

      While representing government organisations before constitutional courts is a matter of prestige, it comes with its own set of challenges owing to bureaucracy. Therefore, navigating this intersection requires a nuanced approach that involves understanding the organisational workings and a realistic approach, keeping red tapism and bureaucratic barriers in mind. Over the years, I have come to understand that maintaining records of everything in writing, effective communication, and conducting consistent follow-ups are the most effective approaches.

      Considering your role as a guest faculty member, what fundamental skills or knowledge do you believe the current generation of law students should focus on to excel in their careers?

      I believe the current generation of lawyers is far more committed to the profession, which helps them hit the ground running right after their law college. I was recently extended an invitation to serve as a judge in an international moot, and the calibre of advocacy exhibited by law students was tremendously impressive. Even in my engagement with law students as a guest faculty member, I can see how their legal acumen has evolved given their access to a huge digital database. Considering the availability of such an abundance of information, my advice would be to stay inquisitive and think critically and analytically. Also, read and understand Bare Acts first before delving into the ocean of articles, blogs, research papers, reels, etc.

      Beyond your professional endeavors, what personal hobbies or interests do you pursue to maintain balance and rejuvenate?

      Outside of my professional endeavours, I prioritise maintaining a healthy work-life balance. As I prefer to start my day at least by 6 a.m., my constant endeavour is to finish my work by 7-8 p.m. Morning strolls, reading literature from different genres, listening to podcasts, and travelling allow me to unwind. Whether it’s a weekend getaway to a nearby destination or an international adventure, I believe that experiencing the world outside of my professional sphere enriches my overall well-being and keeps me motivated.

      Get in touch with Tanu Priya Gupta–

    • “Handling international commercial arbitration is the most exciting part in the career of an arbitration lawyer”- Dharmendra Rautray, Founder, Rautray & Co.

      “Handling international commercial arbitration is the most exciting part in the career of an arbitration lawyer”- Dharmendra Rautray, Founder, Rautray & Co.

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

      Could you share a pivotal moment or experience that led you to pursue a career in law, particularly in dispute resolution and arbitration?

      Choosing a career in law was a natural process as I chose it to follow my father’s wish to become a Barrister. Again dispute resolution especially arbitration was something I was introduced to at my very early ages. Since my father was into construction of ports, dam and road projects, the word ‘arbitration’ was often heard during family discussions. I was encouraged to go through the arbitration cases of my father and also participate in the meeting with his lawyers. The pivotal moment was when I was asked to conduct a cross examination of a witness in an arbitration matter soon after I had become a law graduate. 

      Your expertise in handling international commercial arbitrations is well-known. What initially drew you to specialize in this area of law, and how has your experience evolved over the years?

      Handling international commercial arbitration is the most exciting part in the career of an arbitration lawyer. Attending international conferences on arbitration law opened up a new gamut of arbitration practice. The  interaction with foreign lawyers from different jurisdictions was a great opportunity to broaden one’s knowledge base and delve into a field of law which is more challenging and stimulating. Over the years the experience has been enjoyable and fascinating. Every case teaches you to work harder, read more on the subject and the need to  conduct in depth research on legal issues involved.

      With such a vast knowledge of Indian law, what strategies do you typically employ when approaching complex disputes, particularly those involving contractual matters?

      It is important to be thorough with the facts before reading up on the law. Without being well versed with the facts of the case it is difficult to succeed in contractual disputes. The more complex the case, the greater is the need to simplify the facts and the issues involved. The handling of documents and being aware of the case bundles is extremely crucial. The entire process requires forming of strategies and changing them if need be, as one goes along. It is necessary to keep evolving new strategies and to be flexible and receptive to clients feedback and comments.

      Your achievements include winning plaudits for your thorough knowledge of contractual disputes. Can you elaborate on how you stay abreast of the latest developments and intricacies in this field?

      One way to achieve it is to attend lawyers conferences on the subject, not limited to one’s own jurisdiction but also overseas. It is also necessary to read more judgments on the subject and also arbitration awards rendered by  arbitral tribunals. Reading and publishing articles on the subject necessitates carrying out in depth study on the issue and an important means to staying abreast with topics.

      As someone with extensive experience in construction arbitration, could you share some insights into the unique challenges and considerations involved in this type of arbitration work?

      The biggest challenge in handling construction arbitration is handling the large volume of documents. It is of paramount importance to know which type of evidence would be relevant and necessary to corroborate your client’s case.  A decision to lead oral evidence must be carefully thought of, and well considered with due consultation with the client. Clients may insist on expert evidence being presented before the arbitral tribunal but the decision whether to opt for expert evidence should always be that of the lawyer. This decision, considering the Indian scenario, should be taken after thorough understanding of the psyche of the arbitral tribunal.

      Given your involvement in drafting arbitration rules and conducting certificate courses on arbitration and dispute resolution, what do you believe are the most crucial aspects for aspiring lawyers to understand in this field?

      The rules are there to simplify procedures and this is exactly what lawyers should be doing when handling a matter. No judge or arbitral tribunal encourages complication of the already complicated disputes between the parties. It may seem a very easy task to achieve but it is perhaps the hardest and most difficult skill to hone. 

      You’ve authored two full-length books on arbitration in India. What motivated you to undertake these projects, and what key messages or insights do you hope to impart to your readers?

      Writing books on arbitration is nothing but a means to expand one’s knowledge in the field. The process involves in depth reading and research on the subject. At the end of the process it is not the reader but the author who gains more knowledge who then is keenly waiting for the reader to achieve the same status. To take up this path, it is imperative to have the desire to learn more, the interest to explore and to work hard till one reaches the point where one is ready to write down the first word of the first chapter of the book. 

      Lastly, based on your wealth of experience and achievements, what advice would you offer to fresh graduates aspiring to pursue a successful career in law, especially in the realm of dispute resolution and arbitration?

      Fresh graduates are normally overwhelmed by the success stories of lawyers who they interact with or come across. But more than being enamoured by their success stories it is their journey and hard work which should act as an inspiration and be a source of motivation. There is no instant success in arbitration and continuous dogged hard work without expectation of reward is the key to a successful career. I do understand that it is very easy to say, one should be hard working but more difficult to find the opportunity to do that hard work especially for fresh graduates. However, being resolute is an extraordinary temperament to have. Lastly, as the great Fali Nariman said, never stop being a student of law.

      Get in touch with Dharmendra Rautray-

    • “Now with last amendments and a proactive approach by the bench over time, we are able to see arbitration proceedings working close to its objectives of being quick and efficient”- Varun Nischal, Partner, Q & A- Advocates

      “Now with last amendments and a proactive approach by the bench over time, we are able to see arbitration proceedings working close to its objectives of being quick and efficient”- Varun Nischal, Partner, Q & A- Advocates

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

      Could you walk us through your journey from completing your LL.B. to specializing in corporate compliance and dispute resolution, particularly in arbitration?

      After completing the 5 yr LL.B. (H) program I joined a law chamber for about a year. The idea was to get an exposure to the trial work and gain an understanding of the ‘real world’ dispute resolution system. I remember on the first day of law school our constitutional teacher told us “you will spend 5 yr in law school to learn certain things that you will spend the next 1 year unlearning when you start practicing”. It was quite true. In fact interacting with a client and analysing facts to understand his underlying desired outcome is something I started learning during that period. I also wanted to add work experience before applying for LL.M. to improve chances of getting admission to a good university. During the LL.M. my focus was on ADR and business transactions. The classes on ADR introduced me to the advanced Mediation process being followed in the US at a time when Mediation was still not considered an effective alternative here. The Arbitration law had undergone a generational shift a few years ago and it was early days. The classes I took in LLM helped me grasp universally applicable principles in Arbitration which helped me when I came back and gradually focussed on ADR practice. Over the years working with several good corporate clients we realised that they were focussed on being legally compliant and always needed legal advice to avoid any pitfalls. I guess I kind of developed the necessary expertise to address the regular compliance issues of clients.

      What motivated you to pursue a Master of Laws (LL.M.) degree with a specialization in ADR and international business transactions law at the University of Southern California (USC)?

      The idea of doing LL.M. from a foreign university is not only to learn but to also develop additional skill sets and make new connections. Most of the faculty are practicing professionals from top tier firms and share the industry specific best practices. At that time there was a lot of focus on Bharat and with a lot of cross border transactions there was a growing market in the US for lawyers with working knowledge of Indian law and understanding of the legal ecosystem here. With the major focus on Arbitration as a dispute resolution option, the International ADR course seemed a logical extension of being prepared for practicing in that area. Unfortunately, the subprime mortgage crisis led to a prolonged economic downturn and cut short the plans to work on transactions but being taught ADR by some of the best faculty motivated me to focus part of my practice area on Arbitrations. It only helps to service clients today with a global presence as I am still connected to my fellow classmates from the LL.M. program who are based in Europe, Middle East and SouthEast Asia.

      Your work involves representing both private and public sector corporations (PSU). How do you navigate the differences in handling legal matters for these different types of clients?

      Whether you represent a government entity or a private party, a counsel’s approach towards finding a solution to those disputes remains largely the same. However, there is a wide difference between the two sides when it comes to the work culture and decision-making process especially when it comes to matters related to litigation or Arbitration. Whether its negotiating contracts or working on case strategy the private client is either more willing to settle with a reasonable outcome or pursue legal options up to the Apex court but there is finality in the decision making, however when it comes to PSU client we have to weigh the slow decision making process and also impact of any policy decisions made by government on the strategy being followed. We also have to understand that decisions for PSU clients are impacted by legal costs involved as it will burden the exchequers ultimately. I must add that though some lawyers may feel less incentivised to pursue government side work however, I feel that working on the government side allows one to get great exposure to a variety of complex legal problems and it is also a matter of great pride as one gets to be of service to the public in a way.

      Could you share a particularly challenging case you’ve worked on and how you approached resolving it?

      Every case comes with its own sets of challenges and in fact sometimes a case involving most basic issues can throw a completely new challenge at you at any stage of the case. Once a client came to us who was a defendant in a claim involving recovery of money which he was unable to pay due to the financial crisis. His right to cross-examine had been closed by the Court due to failure on part of his legal team, therefore he was clearly facing an adverse outcome ultimately. We were able to get the appeal admitted on legal issues and also conveyed our willingness to the court for closing the matter for a reasonable settlement. Since our client had previous long standing business relations with the plaintiff, I advised him to have the settlement discussion with the management of the plaintiff directly and fairly convey his difficulty and work out a structure for making reasonable payments over a period of time which included a large chunk of interest accrued. During the hearing the Judge appreciated the genuine effort being made by us and understood the financial distress caused during Covid period and prevailed upon the plaintiff to accept a reasonable payment structure. It ultimately saved our client from going out of business.

      You’ve been heavily involved in advising on labour and HR compliance, as well as issues related to Sexual Harassment at Workplace (POSH Act). What are some common challenges you encounter in this area, and how do you address them?

      Most common challenge we face when it comes to HR related issues is that there is a lack of awareness about the enforceability of various clauses that are put in contracts or conditions in the HR manual being followed by the entity. Sometimes the policies put in place are outdated and not in sync with the current legal scenario. Another issue we see is non implementation of policies across the offices in different places of the same company. For example, some organisations have policy for Maternity benefits under the Act but their implementation varies depending on the location and economics involved. When it comes to POSH related issues, I feel that implementation of the law in its true spirit is missing. Sometimes even the top management is not sensitized enough to understand that   training sessions are not meant for female coworkers only but requires equal participation from male coworkers as well. I think the law itself requires to be redesigned to address some of the grey areas, the current issues and evolving work culture. But there is a serious need to at least have a system for enforcing the provision, as they exist, so that it is followed uniformly in every organisation / entity covered under it. 

      Your involvement as a certified Mediator and being empaneled with various legal bodies is impressive. How do you balance your role between advocacy and mediation, and what benefits do you see in offering both services to your clients?

      I am a certified mediator empanelled with the Delhi High Court Mediation and Conciliation centre called “Samadhan” as well as the Mediation cell with NCDRC. In my 6-7 years of experience in mediating a range of disputes, I have realised that settling disputes through mediation is much more fulfilling professionally as it helps the litigants with timely relief compared to endlessly litigating with greater costs and worsening relationships. As a mediator, I do not have to think about the interest of only one party as there is no side to choose and the ultimate goal is to help parties in reaching an amicable solution to the entire dispute. While at the same time the process helps me in honing the negotiation skills as well.

      I must confess that many of our colleagues believe that mediation is antithetical to a lawyers’ dispute resolution practice which is incorrect. In fact being a certified Mediator helps me in advising the client holistically. I always initiate a counselling session with the client to understand their underlying expectation of the outcome of either a negotiation or litigation with the opposite party and use mediation skills to help them understand their best-case scenario in case of failure to settle. The process helps the client to have a realistic assessment of his case and the actual time and costs involved. The ever growing importance of mediation was highlighted by the CJI Hon’ble DY Chandrachud at the National Conference on Mediation held last year, who called for a ‘Youth-based mediation’ and even J. Manmohan, the current acting Chief Justice of Delhi High Court remarked that mediation be made a part of curriculum for students as early as possible to ‘catch them young’.

      I find mediation to be very rewarding and I hope more lawyers consider taking up mediation as a prominent part of ADR practice. In fact at a recently concluded Arbitration event, Hon’ble J. Sanjiv Khanna, Judge, Supreme Court of India remarked that some mechanism needs to be evolved to merge mediation process with the Arbitration Act in order to have a quick, party-driven dispute resolution mechanism. 

      With nearly 17 years of practice, what changes have you observed in the legal landscape, especially concerning arbitration and dispute resolution, and how have you adapted to them?

      Arbitration proceedings in India were very different prior to the amendments introduced in 2015. Though the time consuming issues were addressed but still it was fraught with difficulties that made it challenging to obtain the arbitral award and far more challenging to execute it. Now with last amendments and a proactive approach by the bench over time, we are able to see arbitration proceedings working close to its objectives of being quick and efficient. However as recent decisions have shown, that many issues involved are still getting adjudicated and will take some more time to authoritatively address many complexities in interpretation of the clauses and unfettered powers of arbitrator which sometimes lead to situations where outcome in similar situations are not based on legal principle but on the understanding of particular arbitrator. I believe that greater push is rightly being made by the government towards institutional arbitration in the country to bring some sort of uniformity in the whole process. 

      When it comes to the dispute resolution system, I believe the greatest change brought in recent years is through complete digitisation of the court records especially in Delhi High Court and the availability of virtual hearings which has truly taken the justice delivery to every doorstep. As lawyers, efficiency and productivity of our practice has immensely grown due to the above changes and in almost all the Arbitrations I am involved in they are being conducted through virtual platforms. I believe that the continued promotion of digitisation of courts led by the Hon’ble Supreme Court and equally adopted vigorously by the Hon’ble High Court is commendable and deserves appreciation.

      As a member of various legal associations and advisory boards, how important do you think networking and community engagement are for legal professionals, and what advice would you give to those looking to establish similar connections?

      Aristotle is famously quoted for saying “Man is by nature a social animal” I believe he was thinking of lawyers when he said it!  But on a serious note, I think networking for lawyers is as important as any other skill and maybe some have used it exceptionally to be quite successful. Not only does a good network allow one to bounce off different ideas and broaden their own horizons but can also help by opening doors for more opportunities and growing as a professional especially when it comes to young lawyers. I think young lawyers who are not part of lawyer networking events should try to attend conferences and lectures as much as possible which can help them with finding an opportunity or connecting with the right mentor. Also take up the membership of at least a couple of associations even if they are not connected with any particular court.  Being a member of various bar associations especially at Delhi High Court has helped in connecting with colleagues over various sports activity or cultural programs and seminars which are organised regularly and in fact are equally supported by the bench also.

      Get in touch with Varun Nischal-

    • “The Legal system, with the myriad issues that it deals with, technology can definitely prove to be  increasingly significant in shaping the future of legal practice across various areas”- Vasundhara Shanker, Founder & Managing Partner, Verum Legal

      “The Legal system, with the myriad issues that it deals with, technology can definitely prove to be  increasingly significant in shaping the future of legal practice across various areas”- Vasundhara Shanker, Founder & Managing Partner, Verum Legal

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

      Can you tell us about your journey into the field of law, from your early experiences to your current role as the Founder and Managing Partner of Verum Legal?

      My journey into the field of law has been one of personal growth, with a vision to create a lasting impact. It all began with my fascination for justice and the legal system, sparked during my childhood but my formal journey into law started with my undergraduate studies at SLS, Pune. SLS Pune gave me plenty of opportunities and space to grow into a professional, exactly the way I liked, with the right guidance and support, through it all. I, like all other driven law students, did over 12 internships in 5 years – at law firms, with practicing lawyers, NGOs, et al! 

      After my law school and upon passing the bar exam, I began my career as an associate at an IP firm, believing IP to be my “calling”. While I gained valuable experience at this firm, I had a persistent desire to delve into criminology and criminal laws. This is when I met a stellar female criminal-law advocate – whom I consider a mentor, even today! 

      However, my entrepreneurial spirit and desire for autonomy led me to establish my own firm, Verum Legal. The vision behind Verum Legal was to create a client-centered practice dedicated to providing personalized legal solutions to upcoming technology-focussed clients – both in the Web2 & Web3 space. As the Founder and Managing Partner, I oversee all aspects of the firm’s operations. From developing client relationships to leading a team of talented attorneys, every day presents new challenges and opportunities.

      My journey into the field of law so far, has been a rewarding one, filled with growth, learning, and a deep sense of purpose. 

      With your extensive experience in both litigation and corporate matters, how do you integrate these two areas to provide practical solutions to your clients?

      I honestly believe that, for a lawyer, integrating different skills and experiences is the key aspect of providing comprehensive legal solutions to clients. Choosing on an expertise too soon in one’s career, without exploring opportunities may be detrimental to one’s overall growth. 

      To become an effective lawyer, the first step is to thoroughly understand the client’s needs and goals and then tailor strategies accordingly. For this, lack of understanding of what is important for a client or how legal solutions today can impact them in the future, can be precarious.

      With changing times, a lawyer is also expected to dexterously implement preventive measures to avoid legal disputes, as these disputes can prove to be expensive and tedious for the client.

      A lawyer must also understand that despite preventive measures, disputes may still occur and a lawyer with experience in both litigation and corporate matters can prepare clients for potential litigation scenarios effectively. 

      You’ve worked with several renowned law firms and also in the legal-tech space. How has this diverse experience influenced your approach to legal practice?

      I’ve in fact worked with law firms, chamber lawyers and a legal-tech company before I started Verum Legal. I believe that my experiences have provided me with a unique perspective that greatly influences my approach to legal practice. 

      While my other experiences helped me enhance my legal knowledge, my stint with the legal tech company helped me understand businesses better, helping me provide a more client-centric approach than a traditional legal practice. My experience has been instrumental in providing me with a multi-dimensional approach with better technology exposure, evolved understanding of the market and focussing on client delivery. 

      As someone deeply involved in advising startups and SMEs on legal and business structuring, what unique challenges do you often encounter in this space?

      As an advisor and service provider, I think the most pressing challenge encountered in this space is the obvious one – Startups and SMEs often operate on tight budgets and may not have the financial capacity or inclination to engage legal services. Since seeking legal services also requires the main stakeholders time and efforts, they tend to overlook it, till they are faced with a legal hassle. We pride ourselves on being “startup-friendly” and work on very tight budgets, timelines and innovative perspectives that help new businesses multifolds. We aim to be strategic partners who can provide practical and tailored solutions to address these unique challenges.

      Your interest in Legal-Technology is evident from your experience at MyAdvo. How do you see technology shaping the future of legal practice, particularly in areas like arbitration, dispute resolution, and intellectual property rights?

      Absolutely, in fact, I consider myself to be a flagbearer of technology, especially in the legal domain. The Legal system, with the myriad issues that it deals with, technology can definitely prove to be  increasingly significant in shaping the future of legal practice across various areas. There are sundry applications of technology in the legal space, and it is ever-evolving too. To list a few, I can think of how Online arbitration platforms can allow parties to engage in proceedings remotely and offer secure communication channels, document sharing, and virtual hearings, reducing the need for physical presence and streamlining the arbitration process, while also creating real-time record of the entire process for accountability and precedential value. In fact, Smart contracts, powered by blockchain technology, have immense potential to automate aspects of arbitration and other forms of dispute resolution as well. If executed well, self-executing contracts can automatically enforce agreed-upon terms and trigger arbitration clauses when disputes arise. 

      In Dispute Resolution, I believe Artificial intelligence can be used to predict case outcomes, assess the likelihood of settlement, and recommend optimal strategies for dispute resolution by analyzing historical case data and legal precedents to provide valuable insights to all parties involved.

      For Intellectual Property, AI-driven search tools can quickly scan vast databases to identify prior art, potential infringements, and registration opportunities. In fact, Blockchain technology offers a secure and immutable way to record and protect intellectual property rights. AI tools can monitor IP assets, track deadlines for renewals and filings, and provide insights for strategic IP decision-making.

      From your background in handling white-collar crime issues to your expertise in intellectual property rights and data privacy, you’ve covered a wide range of legal domains. What motivates you to continuously expand your expertise across different areas?

      I guess I am what they call a “Jack of all trades”. I’ve always been enthusiastic about learning, and doing only work that really interests me. There were times when we picked up assignments that we had, perhaps, never worked on before and learnt most about these assignments, on the job! I would say I’m also blessed to have extremely kind and helpful seniors and colleagues around me who have always lent a helping hand. 

      I love this about being a lawyer – the world is really your oyster. There are so many options that one can explore – depending on their inclinations, interests, skills – and keep evolving with experience. You never have a dull day, as a lawyer. I think all lawyers ought to be driven by a desire to grow their skill set and advance in their careers. By expanding expertise into new areas, they can broaden their practice, take on diverse cases, and develop a well-rounded understanding of various legal domains. This not only enhances their value to clients but also opens up new opportunities for professional advancement.

      Can you share some insights into your role as a Co-Founder of JannAwaaz and how it complements your work at Verum Legal?

      JannAwaaz is a project that has always been very close to my heart. JannAwaaz is a social enterprise dedicated to providing legal education, awareness, and assistance to underserved populations, particularly in rural areas. As a Co-Founder of JannAwaaz, my role revolves around leveraging technology to bridge the gap between legal services and accessibility for citizens of India. It’s a platform meant to help Indians raise their voice against all wrongs, violations, breaches and find their rights, using their voice.

      Finally, based on your journey and experiences, what advice would you offer to fresh graduates aspiring to pursue a career in law, particularly in corporate and investment transactions?

      The only advice I’d give to any aspiring lawyer – don’t decide on your “specialisation” too soon. Experience everything. Technology and the Internet have really changed the game for all young professionals today. You have so much information, available at your fingertips. An individual’s career spans over 40-50 years of their lives, spending around a decade to decide what really interests them, before committing to it, is a fair and required investment! That, and the fact that the legal world has more options and opportunities of careers today than perhaps any other profession does – it is only fair that all of us make the very best of it. 

      Get in touch with Vasundhara Shanker-

    • “Never give up! Embrace failures as learning opportunities… Success will follow with hard work and perseverance.” – Adv. Sudhir Reddy, Founder of Reddy & Reddy Law firm

      “Never give up! Embrace failures as learning opportunities… Success will follow with hard work and perseverance.” – Adv. Sudhir Reddy, Founder of Reddy & Reddy Law firm

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

      Could you please walk us through your journey as to what inspired you to pursue a career in law?

      Law has always been something which I have seen at close quarters coming from a business family. It has intrigued me and given me an insight into its importance and the eminent role it plays in society.  Law is that facet of the society which keeps the citizens in check and gives society its balance. It also is the  very basis for the society to get justice and have fair practice in everyday life. This set me on a path at an early age to pursue a career in law. 

      What was the idea behind founding Reddy & Reddy Law Firm?

      Pursuing an LL.M. immediately after my LL.B. was a well-planned strategy to equip myself with a comprehensive understanding of the international legal landscape. Also, I have had an entrepreneurial flair from early days, and again business, negotiations, contracts, acquisitions is something that I have been fond of since early days. I hail from Pune, an Industrial city which was just beginning to blossom around early to mid 2000’s, and law firms were absent and individual practice was the order of the day, I saw this as an opportunity and  so founding a Law firm was a natural progression.

      You’ve dedicated a significant part of your career to dispute resolution. What is it about this area of law that captivates you?

      During my law studies, I was introduced to Dispute Resolution practice.To develop expertise in this area, I actively participated in relevant activities and eventually pursued my first specialised course in Civil/Commercial Mediation from UK, becoming an accredited mediator in 2014, which developed a deeper interest in the subject area leading to opportunity in providing set services in this domain, furthermore in the later years I undertook other various International courses and affiliations leading to my latest course in  February 2024 on Program on egotiations from Harvard Law School. The area of dispute resolution  has become the mainstream practice as it has been globally accepted at all levels of business and governments. It has been found to be a much holistic and easier medium for getting resolutions and so is the order of the day today.

       How do you stay motivated in the face of challenging cases?

      I have a natural aptitude for conflict avoidance and dispute resolution. In our profession listening is a key strength which I have and I use it well, so in every case the key motivation is listening to both parties well, which then helps me successfully resolve disputes. 

      The Indian Institute of Alternate Dispute Resolution is a significant achievement. Can you share the story behind its inception and your vision for its impact on the legal profession in India?

      It was at my course at Oxford in the UK where I saw the merits of  Mediation practice. It was also during the same time  some of my clients inquired about commercial mediators, I recognised an opportunity and decided to set up IIADR as a pivotal organisation which would lead in the area of ADR with members, knowledge center, courses and training’s which would equip the new legal advocates to pursue ADR as a career through this platform.

      With your extensive experience in mediation and arbitration, what advice would you give to clients or individuals who are torn between choosing litigation and alternative dispute resolution methods?

      There is never a black and white scenario in the legal space and there are various many factors which decide the course of legality. However, until now the only option has been litigation which at times is long, costly and arduous. Mediation and Arbitration come in as a very strong viable alternative solution to resolve conflicts amicably. It provides the client a chance to get a faster resolution, which can be cost effective too.

      Given your vast experience and success, what advice would you offer to young professionals spiring to make their mark in the legal field ?

      To young professionals aspiring to establish their own law firms, my message would be: Never give up. Embrace failures as learning opportunities, for they are crucial to personal growth and development. In my experience, there are four stages in the journey of starting out on your own in the legal arena / mediation :

      ∙ The first stage involves having no work and no money.

      ∙ The second stage brings work but no money.

      ∙ The third stage sees good work and good money.

      ∙ Finally, the fourth stage is characterised by less work but consistent income.

      While this may not be the exact path for everyone, it represents the holistic picture. The key is to remain confident and patient to take the leap when the opportunity arises. Success will follow with hard work and perseverance.

      Moving away from your professional life, do you have any hobbies or interests that you’re passionate about outside of work?

      Engaging in fitness activities, pursuing hobbies, or participating in sports can provide much-needed mental refreshment and balance amidst the rigours of legal practice. I am an avid fitness freak and train regularly, I am a trekker and do go out on weekends for long treks and do adventurous sports.

      With technological advancements and the increasing acceptance of online dispute resolution (ODR), where do you see the future of dispute resolution and law practice heading in the next decade?

      Technology acceptance in mainstream society is at its peak and technology today has touched every human interaction throughout a day of 24 hours. The Indian government themselves have introduced and have made digital payments a roaring success all throughout the country. Similarly, in the legal arena, government has launched a big initiative in the space of ODR and is taking active initiatives in this space.

      In fact, it can be said that technology is the mediator in our interactions and influence our actions in many ways, such as mediation of experience, influence on behavior and ethical considerations, Virtual Mediation will take central place. AI and Mediation is an emerging trend in technological advancements.

      I see a huge demand in this space of tech application in the legal world and we at Reddy and Reddy Law Firm are at the forefront of this where we are designing our own tech platforms to decimate knowledge, provide platform for interaction and help the society to reach out to us seamlessly.

      More important role of technology will be in the area of education and training skills for the next generation. So yes, I am very vocal and a strong pursuer of technology adaptation in the legal profession.

      Your Master of Laws (LLM) from Cardiff University in the UK provided you with international exposure. How do you think this experience differed from a purely domestic legal education, and what exceptional insights or perspectives do you believe students in India could gain from similar international exposure?

      International learning gives one an exposure to different cultures, mindset’s and systems. LL.M. in International Commercial Law at Cardiff University comprised a diverse range of subjects, including international banking, competition laws, international corporate governance, and the World Trade Organization. These topics were distinctly different from the regular curriculum taught in India, and the flexibility to choose optional modules allowed me to tailor the program to my interests.The education system in the UK is more interactive and knowledge driven, that is one of the primary reasons for total development of a student who is keen to pursue his career. Another important aspect that I learnt in the UK was attending the seminars and conferences that the University hosted which gave me an exposure to meet industry stalwarts and subject matter experts which helped me with holistic knowledge.

      You’ve also been involved in philanthropic efforts, notably with your NGO. Could you share with us the purpose of this organization and the inspiration behind its inception? What societal issues or causes does it seek to address, and how do you envision making a difference through this initiative?

      Raksha Seva Suraksha is the name of my NGO, it was formed in 2010. Right as I was finding my foothold in  my career. My parents come from a very humble background and at home i had always seen my parents make that extra space to help people, this inculcated in me a very strong purpose of societal ownership where  my parents took it upon themselves to ensure that help has to be extended whenever needed to the needy.

      Hence the day I passed out as a law graduate and decided to start my own law firm, the NGO was a natural progression. My NGO, as per its name Raksha Seva Suraksha, needs  Raksha (Protection), Seva (Service), Suraksha ( Complete Protection in all terms). We provide holistic care to the needy not restricted to legal aid, but even in the space of  health, education and family matters.

      This is a very small but very focused entity of our organisation and luckily every member of my organisation feels and participates here Pro Bono, and together we resolve as many conflicts as we can.

      Leading a team of 18 advocates requires effective communication and leadership skills. How do you ensure that everyone is on the same page and working towards common goals? Could you share some guidance on fostering collaboration and cohesion within a legal team, particularly in navigating complex cases or disputes? 

      Regular structured communication and key defined  processes are the cornerstones of having successful team efforts, especially when one is working with large teams on complex matters, as in the corporate world, at RRLF we breakdown the case into its relevant sectors and create team leads, I am personally a big fan of KPI’s and at the very outset we together as a team set our KPI’s(Key Performance Indicators) for each sub team and how we get there. Over the last 13 years of legal practice and leading small and big teams we have honed our processes to capture all the details. This then helps the team in defining and reaching their KPI’s which finally give the complete team its outcome which is the motto of the Law Firm a “HAPPY CLIENT’.

      Get in touch with Adv. Sudhir Reddy–

    • “When I started to study law, I felt that this is one of the most organic educations, which not only deals with actual problems but also provides real solutions for real problems.” – Saurabh Anand, Senior Counsel (IP and Technology Law) at Akamai Technologies

      “When I started to study law, I felt that this is one of the most organic educations, which not only deals with actual problems but also provides real solutions for real problems.” – Saurabh Anand, Senior Counsel (IP and Technology Law) at Akamai Technologies

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

      What inspired you to pursue a career in law, and can you walk us through your journey from being a science graduate to becoming a notable practitioner in intellectual property and technology law? Who or what influenced your decision to transition into the legal field?

      I often call myself an “Accidental Lawyer”. I come from a background where my parents were doctor and teacher respectively. Hence, like any kid from a Tier-III city, my ultimate aim was to either clear the entrance examinations for medicals or otherwise complete my graduation in order to become eligible for UPSC examination. But, destiny had some other decisions for me. 

      When I could not crack any medical entrance examination, my parents enrolled me in B.Sc. Life Sciences at Kirori Mal College so that I can prepare for the medical entrance examination during the first-year college. To achieve this, they got me admitted to a coaching institute as well and for the whole 1st year of my graduation, I was doing both. However, till that time my interest in medical examinations started to dwindle and I gradually gravitated towards the world of science. I would like to highlight here that since beginning, I was not the one who can walk on a conventional path. Hence, during my graduation, a non-conventional course, B.Sc. Life Science and a motivating mentor, Professor Rajni Gupta, helped and guided to get a scholarship from Government of India, under the name of Kishore Vaigyanik Protsahan Yojna. While working on my research, during the third-year of my graduation, I got exposed to the very first concept of “patents” which kind of fascinated me. Everyone in the college was super sure that I will continue to work in the field of science and then came a second change in my academic career. 

      My father, a retired Government servant, guided me to sit for UPSC, however I was not prepared for that. Then came my all-time mentor, my mother in the picture, who supported me in my madness and supported my decision. With the sole intention to be around UPSC aspirants, I gave the entrance examination for Faculty of Law, University of Delhi and I still don’t know how I cleared it. All said and done, within a month from a research scholar in science, I became an UPSC aspirant in the first year of my LLB. When I started to study law, I felt that this is one of the most organic educations, which not only deals with actual problems but also provides real solutions for real problems. This shift kind of stuck with me and gradually I decided to give it a try with all my energy and dedication. This was the first time I became aware of Intellectual Property Rights and how I can actually weave my science degree with law. 

      I started to gain more experience by way of internships and gradually landed with Singh and Singh, where I got an opportunity to work with some of the best legal minds in the field of patents. My mentors there guided me as to how my science background can be utilized in the legal profession. Thereafter, I got an opportunity to work with K&S Partners, which not only provided me with a platform to work on allied areas of Intellectual Property Laws but also provided experience of working in multi-jurisdictional courts and with multi-jurisdictional counts. Needless to mention, colleagues at K&S Partners, and primarily Mr. Ravi Bhola, were always supportive of my non-conventional ways of approaching any problem. With this exposure, my interest gradually tilted more towards allied areas of Intellectual Property Laws, which in general parlance, we call it Technology Laws and then I got an opportunity to work with Akamai Technologies, where I am currently working. 

      In short, I would say circumstances, my mentors and to some extent my non-conventional mindset, are key contributors in my legal journey so far. 

      As a Senior Counsel at Akamai Technologies, you’re dealing with cutting-edge issues in cloud computing, and intellectual property. What are some of the most exciting aspects of working in this field, and what challenges do you often encounter?

      The most exciting part of my job at Akamai is the opportunity which I get to solve real business problems. As Akamai operates in different jurisdictions across the world, it becomes equally important for us to be at least aware of the law of the land which can be applicable on our services. As I primarily look after Technology Law issues, it becomes all the more important for me to understand how law is shaping up in relation to our existing or any prospective product set. Hence, I would sum up the exciting part of my job as under, as opportunities to:

      1. understand business;
      2. understand a business problem;
      3. to learn and apply legal varies areas of law to solve a business problem.

      Having said that, it is very difficult for me to docket challenges at my current job, because I see these challenges as an opportunity to grow, which further satiates my non-conventional mindset. However, I do want to call out some operational challenges, like working across multiple time-zone issues, which everyone will face while working for a multi-jurisdictional organization. But, this is something which varies from organization to organization. I am glad that at Akamai, it is never an expectation to remain available across multiple time zones and all the colleagues constantly endeavor to remain available in a time-zone which is less cumbersome for the other. 

      You handle various transactional documents and engage with law enforcement authorities globally. How do you stay updated with the rapidly evolving legal landscape, especially in the realm of technology and data privacy?

      Yes, as a part of my job, it is an unsaid rule, that although I have educational background in Indian laws, it is an add-on, if I have a working knowledge of the legal landscape of other jurisdictions as well. My first source of truth for understanding legal requirements outside India, are my colleagues, who are trained in laws for that jurisdiction. One need to understand here that you cannot gain or remain updated with ever changing legal requirements across the globe without having collaborative working relationships with your peers in those jurisdictions. Hence, before doing desktop research, I always rely on the expertise of my colleagues and one should always follow this. In today’s era, where information is accessible at your fingertips, I have seen individuals giving knowledge on laws of other countries. But, I always follow the differentiation between theoretical and practical knowledge, because it is the practical application of any law which will give you a solution and not the theoretical knowledge. 

      Having said that, for an individual’s growth and to quench my thirst for knowledge, I always try to read comparative analysis of any law across the globe with Indian laws. This helps me in identifying the differences and those differences are the key to understanding any legal landscape around the world. One can always refer and reply to comparative analysis prepared by good law firms or think tanks, to begin with.  

      As a registered Indian Patent Agent, what are some common misconceptions or challenges that an applicant/patentee often faces regarding intellectual property rights, and how did you address them while you were litigating?

      There were two critical issues which always used to come while I was doing patent litigation. First and foremost, was whether a patentee is inviting revocation proceedings by suing the other party. Second one was, how to assess damages before initiating any litigation, so that a patentee can do cost benefit analysis well in advance. 

      For the first issue, my response was pretty simple. I always used to advise my client that if you have taken a business decision to apply for a patent, that decision should also include the decision to defend that patent for its lifetime. Because a patent, whether sitting  idle or going to be enforced, will remain vulnerable to get challenged during its entire lifetime. 

      For the second issue, my advice was to at least get a presumptive idea of loss which they are facing, because of the infringing activities and gather clear and cogent evidence to substantiate the same. Reason being, granting damages are within the jurisdictional realm of court and our duty is to give clear and convincing evidence to the court to assist the court in arriving at a particular decision. 

      Considering your extensive expertise in intellectual property laws, what advice would you offer to the current generation of law students aspiring to build a career in this field?

      My advice to the student would be to first focus on developing a strong grasp over concepts of law and the same can be done by not only reading the statutes but also understanding how a statute was applied to solve a real time issue. A law student in his/her journey should do two things: read judgments with the mindset as to how a statute/legal principle was applied to solve the issue at hand and secondly, to gather experience by way of internships. I would like to highlight here that I am aware that getting internships is not an easy cakewalk for all the law students from different law colleges, because I faced the same issue. But in today’s world there are organizations like LawSikho who are actually guiding and helping students. Having said that, I always believed that actual application of law can be best understood in Courts and this is something which I did when I was a law student. I did not wait to hear back from an organization on my internship application, I simply went and knocked the doors of multiple practicing advocates in the Trial Court, and most of them helped me in understanding practical nuisances of law. I am ardent believer of this phrase:

      “You will never know what is there on the other side of the door, until and unless you knock and ask. At the best you will get a clarity, which door to knock later and which door should be avoided”

      Looking ahead, what are some emerging trends or legal challenges in the field of IP and technology law that you believe will shape the future of legal practice, both in India and globally?

      IP and technology law evolves with evolving technology. With the current set of technology in place, based on my set of expertise, I would bet on Artificial Intelligence, which has the potential to be evolved as a separate area of practice in law. 

      You’ve authored several articles and publications on intellectual property rights and patents. What motivates you to share your insights and knowledge with a broader audience, and how do you approach the process of writing on complex legal topics?

      Writing articles is my way of keeping myself abreast with the evolving areas of law. I have been an ardent believer of the logic that when you write, you learn more. And the beauty of writing articles is that you get feedback from either your peers or from someone who has more experience than you. 

      Before writing on any subject, there are two things which should be kept in mind: whether the topic is relevant in the present set of circumstances and who your audience is. Once you have cracked this, it is your responsibility to state the correct facts and for which I am very stringent to only rely on trusted sources, like the statute itself, or the judgment itself. 

      You transitioned from your role as a Senior Associate at K&S Partners to an in-house Counsel. Can you share with us what motivated this transition and how it has impacted your approach to legal practice?

      My motivation for this transition was to keep myself in pace with the changing legal landscape. While litigating, I was exposed to certain issues which was mostly relevant from the applicability of Indian laws. However, when working with clients from different jurisdictions, I became aware as to how other jurisdictions are looking at similar issues with a different legal angle which I was looking at from Indian legal requirements. This quest to learn more on multi-jurisdictional approaches, helped me to make this switch. Needless to mention here that at this stage of career you cannot take such decisions without the support of your family. Here, I would like to give a shout out to my wife, Meghana, who herself specializes in IP litigation, in supporting my non-conventional decision here.  

      My decision has definitely impacted my approach to legal practice, because in India, we often see in-house Counsel as an intermediary between client and its outside counsel. However, after joining Akamai, this myth got broken for myself, because the role of an in-house counsel is to understand the business requirement and give a legal solution for that requirement. 

      Having transitioned from roles in litigation to that of an in-house counsel, what notable differences did you find in the nature of work, challenges faced, and overall professional satisfaction? How did these experiences shape your career trajectory and approach to legal practice?

      While I think I have captured the issues around the nature of work and challenges faced in my earlier answers, I can probably focus here more on professional satisfaction. For me, the definition of professional satisfaction keeps on changing because I always understand and foresee a legal career as an organic career, which keeps on changing with the changing issues in society and technology. I joined Akamai with the sole interest to understand the application of intersection of multi-jurisdictional law on the evolving technologies. This still remains relevant for me with the present set of affairs. In a nutshell, I was fortunate to shape my career based upon my experiences and one should always remain open to changes.   

      Apart from your professional pursuits, do you have any personal hobbies or interests that you find equally fulfilling? How do you balance your passion for law with other aspects of your life?

      In my circle, I am known for my passion for driving. While this may not be considered as a hobby or interest, for me somehow it helps in clearing my head. While I am not quoting from the famous series, “the Lincoln Lawyer”, driving is something which has stuck with me from the very early ages of my life and is still continuing. While some people confuse this with the passion for new cars, this is not the case. I enjoy driving with whatever I have, I have and what I aim to have (off course keeping in mind the budgetary constraints ☺).

      For me there is no requirement to balance my passion for law with other aspects. Like driving is a passion for which I will not compromise on anything, similarly for learning new legal nuisances, I do not have set boundaries to learn. I believe that you tend to balance and make time for things which you are forced to do. For your passion, you should not be balancing your time with other things in life. While there are priorities in life for which you need to give time, but whenever you have time give priority to your passion, whether for law or for driving or for anything else. 

      Get in touch with Saurabh Anand–

    • “Proficiency in comprehensive reading and writing is paramount, a robust grasp of knowledge and the ability to communicate effectively in eloquent language are indispensable assets” – Aarti (Shrivastava) Banerjee, Partner – Corporate Legal Advisory, YNZ Legal

      “Proficiency in comprehensive reading and writing is paramount, a robust grasp of knowledge and the ability to communicate effectively in eloquent language are indispensable assets” – Aarti (Shrivastava) Banerjee, Partner – Corporate Legal Advisory, YNZ Legal

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

      Your journey spans over 17 years, and you’ve worked with reputed law firms and companies. What inspired you to pursue a career in law?

      I was fascinated with UPSC and the legal profession both. I loved reading from my childhood days. We didn’t have a television in our house and considering that the distractions were lesser then, I ended up reading a lot of newspapers. I used to regularly read Hitavada and its Monday supplement: Challenger, an inspirational piece for young students. When I told my family that I wanted to pursue law, my mother supported me and took me to meet a few lawyers and those interactions helped. Realizing that I had no family background in law, the seniors helped me understand that the actual legal world was very distinct from the legal world depicted in movies and that I should be prepared for struggle and a lot of reading and paperwork. 

      Your role involves advising on commercial, contractual, and HR-related issues. How has your diverse experience shaped your approach to legal advisory, particularly in corporate and HR matters?

      Advising on HR matters needs one to adopt a humane approach and I focus a lot on understanding the situation in detail, before jumping to conclusions. With every change in an organization, one comes in contact with people from various backgrounds and genres and every interaction helps individuals grow.

      What do you find most rewarding in your advisory work, and how do you navigate the challenges posed by the dynamic nature of these fields?

      The most rewarding aspect is when the deal gets closed on balanced terms. I always feel that a contract needs the active involvement of the parties along with the lawyers. If we manage to retain the client’s interest despite multiple tracks changed colour-coded versions, the document will truly reflect the understanding and the possibility of dispute is less.

      The challenges posed in this field are no different from the challenges in other fields. Typically, stubbornness is a problem one comes across in contract negotiation. Navigating stubbornness requires a lot of patience along with adopting various methodologies, like independent business team interactions, cogent examples, clear illustrations and so on.

      You’ve been an external member of many ICC(s) and have handled investigations under the POSH Act. What insights have you gained from this experience, and how do you approach creating a safe and inclusive workplace environment?

      POSH issues are very sensitive and delicate. One must understand that POSH is an impact-based law i.e. irrespective of intentions, it’s the impact on the aggrieved woman that matters. Education and training is the only method to handle this issue. If organizations conduct regular training effectively, this issue can be handled. Each organization has its own culture and methods of functioning. Thus, in the case of new employees, it is important to train and sensitize them to these issues.

      In addition to your legal qualifications, you’ve completed a course on Conflict Management from IIT, Madras. How has this course enhanced your skills, and in what ways do you incorporate conflict management strategies in your professional life?

      Conflict management through mediation is the way forward. It’s a very mature way of handling the dispute and requires the parties to be actively involved. We are required to maintain a very objective attitude many times as lawyers, but sometimes there are issues when we tend to get involved, and that’s when the learnings from this course remind us that objectivity is the key in certain roles. 

      As a Legal Advisor for Tata Teleservices Limited, you gained insights into corporate functioning, documentation, negotiation, and risk mitigation. How have these insights influenced your current role, and what key lessons did you take away from your time at Tata Teleservices?

      Tata Teleservices was a delightful experience, more so because of the wonderful corporate legal team that I was part of. While the work of an in-house counsel is different, my stint at TATA ensured I understood the end-to-end process of corporate documentation, right from proposal to the final storage of the executed document. The advantage of working in an organization that is conscious of compliance is that all stakeholders come together and apply themselves together to mitigate the possible risks. Such brainstorming exercises and detailed deliberations are very helpful. 

      You’ve conducted regular POSH training sessions for various organizations. What do you enjoy most about these training sessions, and how do you make legal concepts more accessible to a diverse audience?

      Conveying the delicate concepts of POSH needs a firm demeanour. Apart from regular methods like presentation, videos and interactions, we also use a lot of role-play to demonstrate the proceedings. While my effort is to sensitize the audience about the legal consequences that may arise should an issue arise, I also endeavour to make it clear that the mechanism is not to be misused.  We also suggest that organizations attend vernacular training to ensure that everyone gets the message clearly.

      Your expertise spans from handling litigation matters to advising on real estate transactions and now leading teams at YNZ Legal. Can you share a memorable or challenging experience from your career that has impacted your approach to legal advisory?

      One of my distinct memories related to an interesting company matter that I handled long back. The issue related to oppression and mismanagement and there was an urgency that needed us to get a quick injunction before the AGM. We worked very closely and almost round the clock with clients and counsels to draft effective pleadings to ensure that an injunction was obtained. The case was on a niche legal point and could have turned either way. We researched various cases and prepared written arguments. When the day of the hearing came, the client refused to come to the court and said that he would sit in our office and wait for us since he trusted us completely. While my senior understood, I tried convincing the client to come to the court in case we needed any instructions etc. He persisted and urged me to go on. His confidence and trust in us touched me. Thankfully, the order too came in the client’s favor.

      Apart from your legal expertise, you lead various environment-related initiatives in society. Could you share more about your involvement in these initiatives and how you believe each of us can contribute to sustainability and environmental causes?

      To be very honest, it’s a very small plastic recycling project that we do in our society voluntarily, but we have been consistently doing it since 2017. Till date, our society has contributed almost 35000 kg of plastic for recycling with the active contribution of residents. We work with various organizations who come to collect plastic waste at our doorstep. Each family is expected to segregate every bit of plastic waste that they generate like food wrappings, bottles, milk packets, pens, stationery, toothbrushes and so on for 15 days. The vehicles from these organizations pick up the plastic waste for recycling. 

      I am from Nagpur, a city that has the distinction of being a very clean and green city. I was a part of the nature club in my school days and my teacher had inspired us to be conscious towards the environment then. When I used to travel from Nagpur to Mumbai regularly during my college days, I used to see a lot of plastic being dumped on plants near railway lines. While plastic pollution is a topic for many drawing and essay competitions, concrete steps towards reducing plastic usage need to be taken by each individual and family. Once reduced, these recycling activities can be adapted for unavoidable plastic.

      Balancing a legal career with your other activities like pursuing Bharatnatyam (being a Nritya Visharad) and being an active runner and cyclist is impressive. How do you balance your professional and personal interests, and how do these activities contribute to your overall well-being?

      (Smiling)

      Time management is the key in today’s world. Of course, one cannot do everything at the same time, but if you plan the entire week or month in one go, then it’s easy to find time for most things. Our profession requires a calm and sharp mind and regular breaks with other activities help one to recharge oneself. I rekindled my interest in cycling during the lockdown, thanks to friends and it has stayed on for a long.  Bharatnatyam, again I must thank my teacher who continues to shower her blessings, and despite online classes drives the message of pursuing perfection in every class she takes. 

      Considering the evolving landscape of law and the world, what advice would you give to aspiring legal professionals and advocates who are part of the future generation, and how do you envision the role of legal experts in addressing the challenges and opportunities that lie ahead?

      In-depth reading and writing skills are very critical. As lawyers, it is not possible to learn all the laws, but if one develops the habit of regular reading it can make a difference. Along with reading interesting blogs and legal update channels that are available, I would like to repeat some advice that I got from my senior. He would insist that one should read one judgement daily and when you take the judgement, read it from beginning to end so that you understand how to appreciate the facts, arguments and the decision as well.

      Organizations are getting more and more conscious towards compliance these days. Opportunities are unlimited. Knowledge and effective communication in rich language are key essentials and one must try to develop these skills early on.

      Get in touch with Aarti (Shrivastava) Banerjee–

    • “I attribute my success to a combination of continuous learning, meticulous preparation, strategic thinking, adaptability, and dedication to my craft”- Sachiv Kumar, Senior Partner, SDS Advocates

      “I attribute my success to a combination of continuous learning, meticulous preparation, strategic thinking, adaptability, and dedication to my craft”- Sachiv Kumar, Senior Partner, SDS Advocates

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

      Could you share a bit about your journey into the legal profession, particularly what led you to specialize in Banking & Finance and General Corporate law?

      My career path is a tapestry of diverse experiences, woven together by a passion and zeal for continuous learning and a relevant drive to understand the intricate legal landscape and providing strategic solutions to complex legal challenges. 

      My Journey of becoming a corporate lawyer has been very dynamic and full of exciting professional challenges. To sum up these extremely rich and eventful years (approx. 16 years) in a few sentences/para is surely an impossible task, however when I look back, the journey has been very rewarding and no experiences, challenges and detours have gone in vain. I have handled an enormous variety of matters and legal issues pertaining to Banking & Finance, General Corporate, Real Estate and Foreign Exchange Laws.  I also have experience in handling cross border deals encompassing Singapore and English laws. 

      My legal profession began when I secured placement from my college in India’s top private bank in 2008 and as an in-house counsel gained first-hand experience with the intricacies of financial laws, regulations and varied nature of transactions including project finance, corporate lending, syndications, consortium lending, etc. Working as an in-house counsel initially in a highly reputed private bank provided me with valuable insights into the legal challenges faced by financial institutions and complex documentations. This experience sparked my interest in specializing in Banking & Finance law, as I saw the opportunity to deepen my understanding of regulatory frameworks and provide strategic legal advice to financial entities. Within 4 years of my career, I was exposed to International banking and handled work related to English Laws, Singapore Laws, DIFC laws and worked on varied complex matters pertaining to these geographies along with all tier-1 international/domestic law firms and understood the nuances of International transactions which sparked my further interest in Banking and finance.

      Moreover, my role exposed me to various corporate matters, from contract negotiations to compliance issues, structuring the deals (including cross-border) and handling the clients on a day to day basis, which piqued my interest in General Corporate laws. My early days taught me to be disciplined, versatile, multi-tasking and detail oriented. 

      “You might find it funny but my friends used to call me ‘justice’ during my early days which some of them still continue to do and I was being labelled as ‘Hawk Eye’ because of my eye to minute details”. 

      What is your approach or philosophy to winning or representing a client and how do you balance the strategic needs of your clients?

      My approach inculcates ethics that best suit clients’ needs and works towards the satisfaction of clients. I have earned a reputation for the simple philosophy of “personal and prompt service and advice relevant to modern practical requirements of business”. My out of box thinking about a particular issue and providing a solution which is in the best interest of the client is what sets me apart. I take extra care to ensure that my client feels assured, focused and on track throughout the tenure of our arrangement.

      On various occasions, pointed out to me by my clients, my ability to deeply empathize with them, being able to put myself squarely in their shoes, and suggest a course of action that is in their genuine best interests even if it means it might not be so much in my own, has

      been the reason for winning the confidence of my clients. 

      One needs to understand that while negotiating you should only speak when it is required, be articulative, put in a fair offer and add value. While negotiating contracts my approach is to have a detailed eye on the minutest thing and find a balance. I don’t believe in taking extreme approaches and keep my calm and patience even if the discussion is going otherwise . No doubt for doing a proper negotiation you need to be prepared, have subject knowledge and confidence. I make sure that I have read the agreement and related laws before my negotiations and have thought about the best and worst outcome. 

      Balancing the strategic needs of clients with legal requirements in corporate advisory involves careful analysis and communication. I prioritize understanding the client’s goals and objectives, then develop strategies that align with both their business objectives and legal compliance. This often entails conducting thorough legal research, risk assessment, and collaborating closely with the client to ensure transparency and informed decision-making throughout the process. Effective communication and proactive management of expectations are key to maintaining this balance while navigating complex legal landscapes.

      I float ideas and suggestions and have my back up ready in case the initial recommendation/suggestion fails. Also I synchronised my thoughts and executed in such a manner that the other side get convinced with my arguments and advances. I give patient hearing to the points made by the other side and then ask them questions as to ‘why’ and ‘how’ the same is relevant to a particular issue. The idea/approach is to close the deal and find out the solutions so that the business is not affected and also legal requirements are met. There have been various instances where I have been part of major negotiations with bigger law firms/companies of the country, and I have been able to get the deal done in favour of my client with my negotiation skills and understanding of laws.

      With your extensive experience in both Indian and English law, could you highlight some of the key differences you’ve encountered when handling cross-border deals?

      Though Indian laws are based on common law principles, there are lots of differences between the two. The distinctions between Indian and foreign laws (including English Laws) encompasses various aspects, including the way commercial contracts are drafted, legal frameworks and jurisdictional principles, contract formation requirements, dispute resolution mechanisms, regulatory environments, and taxation considerations. 

      In most of the foreign geographies including England, there is no concept of stamping the contracts (except the debenture for mortgage of immovable assets), unlike India. There is no requirement of signing each and every page and only the last page is signed and executed as the burden of proof lies on the person denying the execution.  Anything above 2 (two) % of default interest is treated as damages, which can only be awarded by the courts, treatment of fixed and floating charges by the authorities under insolvency process. The loan agreement in foreign geography is based on standard Loan Market Association (‘LMA’) format in UK/European Countries and Asia Pacific Loan Market Association (“APLMA”) format which is a guiding factor and works as model loan agreements for use in various transactions and jurisdictions. Additionally, the compliance requirements, licensing procedures, and reporting obligations are slightly cumbersome in India unlike foreign countries which impacts the structuring and execution of cross-border transactions.

      Further, in Singapore, providing upward/cross guarantees are not easy unless some commercial consideration and corporate benefit is involved between the subsidiary (guarantor) and holding company. There is no requirement of board resolution in Singapore and the extract of ACRA is sufficient proof to evidence the persons authorised on behalf of the Company to execute the documents. 

      Your accolades speak volumes about your contributions to the legal industry. What do you attribute your success to, and how do you stay ahead in such a dynamic field?

      A lawyer’s work is perpetually exciting and stimulating. Please refer to the answer given in Question no.2 above, which is required to win your client and stay ahead in this dynamic field.

      Further, I attribute my success to a combination of continuous learning, meticulous preparation, strategic thinking, adaptability, and dedication to my craft. In such a dynamic field of law, staying ahead requires staying updated on legal developments, networking with peers, and being proactive in seeking out new opportunities for growth and innovation. Additionally, maintaining a strong work ethic and a passion for the law has been essential in staying ahead in this competitive environment.

      What sets me apart is my ability to understand clients’ wants, empathise with them, and ensure desired results in a time bound manner. Professionalism and courtesy towards my clients are my distinctive traits. One of my notable attributes is attention to detail and to leave no margin for errors. Reading large amounts of research, absorbing facts and figures, analysing material, and distilling it into something manageable is my key feature. In order to ensure that my clients feel assured and satisfied, I pass a legal problem through multiple screens and filters and subject it to multiple revisions to ensure a favourable outcome. 

      Further you need to be innovative in approaching clients nowadays as they have multiple options to get the desired result and to break the ice in this competitive environment one needs to be equipped with the target sectors. One of the innovative ways to get client’s attention is to keep updating your practice areas, your portfolio and your recent achievements on your website and periodically sharing information on various social media platforms and across various legal networking websites so that clients have easy access to them. Our team does extensive research on various RBI & SEBI Notifications/Circulars, Important Judgments and creates “Articles/Newsletters” and sends them to my clients so that they are informed about the latest changes in law. We are trying to focus more on making ourselves available and accessible digitally. Additionally, I also stay updated by reading newsletters/articles by other law firms and publications by legal databases/journals.

      Given your expertise in areas like Fintech Laws and Digital Lending, could you shed light on some emerging trends or challenges you foresee in these sectors?

      Certainly, In the rapidly evolving landscape of Fintech laws and digital lending, there are several emerging trends and challenges to consider:

      1. Regulatory Compliance: As Fintech innovations continue to disrupt traditional financial services, regulators are working to keep pace with new technologies while ensuring consumer protection and financial stability. Compliance with evolving regulations such as sandbox regulations, AIF regulations, Digital lending Guidelines, Digital Personal Data Protection Act, 2023, GDPR, and AML/KYC requirements, etc. remains a significant challenge.
      2. Data Privacy and Security: With the increasing digitization of financial services, the protection of sensitive consumer data/personal data becomes paramount. Fintech firms must navigate complex data privacy laws and implement robust security measures to safeguard against cyber threats and data breaches and would need to strictly adhere to DPDPA, 2023, otherwise there may be huge penalties.
      3. Digital Identity Verification: As digital lending platforms gain popularity, the need for reliable methods of identity verification becomes critical. Fintech companies are/should explore innovative solutions such as biometric authentication and blockchain-based identity verification to streamline the lending process while mitigating fraud risks.
      4. Default Loss Guarantee (‘DLG’): With RBI coming with an overall cap of 5% on DLG structure to the LSP under Default Loss Guarantee Guidelines and all-in-cost mechanism, the Fintech’s/FIs are finding it difficult to the do the business and time and again clarity has been posed to RBI.

      Navigating these emerging trends and challenges will require collaboration between Fintech firms, regulators, and other stakeholders to foster innovation while maintaining trust and stability in the financial system.

      Handling diverse finance deals, from ship financing to asset-backed finance, must present unique challenges. Can you share a particularly memorable or challenging deal you’ve worked on and how you navigated it?

      It’s very hard to think of a memorable or challenging deal as there are quite a few and I encounter the same ‘now and then’ and I have always believed in taking up challenges and don’t like doing work where there are no challenges. The recent being the resolution of Reliance Commercial Finance and Reliance Home Finance Limited, where the matter went up to Supreme Court where the issue encompassed SEBI circular, RBI framework on stressed assets, debenture holder rights, etc. 

      Though each case presents unique complexities, but with my ‘out of box thinking’, greater and clear understanding of the issue and by staying adaptable and keeping abreast of legal developments, I am able to overcome these challenges. I think from 360 degree on any problem and filter my thought process. My approach inculcates ethics that is best suited for clients, and I ensure to put their interests over and above everything. I act with reasonable diligence and promptness in representing a client and patience and never-giving attitude is the key. 

      In your experience, what are some common misconceptions/expectations that corporate clients have, and how do you address them?

      Some common misconceptions clients have:

      1. Cost: As there are a variety of corporate clients ranging from start up to mid-size and mid-size to big one, clients sometimes think that hiring a corporate lawyer will be too expensive. But we have modelled various categories of fee structures which are tailor made depending upon the complexity of matter and size of the corporation we are dealing with. For mid-size companies, we also offer a flexible retainership monthly model and navigate their day to day issues at a reasonable cost.
      2. Complexity: Clients sometimes believe that corporate law is overly complex and difficult to understand. We simplify legal concepts, providing clear explanations, and guiding them through the process step by step.
      3. One-size-fits-all solutions: Clients might assume that corporate legal solutions are standard and apply universally. We provide tailored legal advice to the specific needs and circumstances of each client’s business and tell them how a particular agreement cannot be used for some other deal.
      4. Timeframe: Clients may expect quick fixes or immediate results, underestimating the time required for structuring a complex contract or legal processes involved in achieving a desired result. We normally manage the expectations and provide realistic timelines so as to give quality services. In case of any urgent matter, we make sure that clients meet their deadlines even if we have to work extra hours.
      5. Importance: Some clients may not fully appreciate the critical role that corporate lawyer plays in protecting their business interests but in our discussions we have highlighted the potential risks of non-compliance and the benefits of proactive legal strategies.

      By addressing these misconceptions through clear communication, education, and personalized attention, corporate lawyers can help clients better understand the value and importance of their services.

      With your wealth of experience, what advice would you give to young lawyers aspiring to specialize in Banking & Finance and General Corporate law?

      Banking & finance is a wide spectrum. Being a banking lawyer gives you exposure to a wide variety of laws and clients. It encompasses lending, fintech lending, real estate, project finance, NCDs, Securitisation, syndications, issuance of equity, fund creation, etc. Not only as a banking lawyer but being a corporate lawyer requires resolute, unwavering, and fierce commitment to underlying principles of understanding and applying the laws. Needless to say, smart work coupled with hard work is the ultimate combination. 

      Some of my advice to young lawyers aspiring to specialize in Banking & Finance law or otherwise in any area of law would be:

      1. Passion and Zeal: First and foremost unless you are passionate and have the zeal to achieve, you cannot achieve the desired result. One needs to be mad for this profession and there is nothing called work-life balance, if you want to be successful in this profession. You need to make law your life and your life should be dedicated to law.
      2. Dream Big: Unless you dream, your dreams will never turn into reality and if you have to dream then why to dream small.
      3. Observe and Focus: Students must be very focussed during internships and should learn as much as they can and should not be in a hurry to leave early. Apart from learning legal knowledge, in my view internship is all about understanding the traits of becoming a lawyer. One should observe his/her seniors and learn the trick of the trade.
      4. USP/Impact: Create your own USP and be different from others. Make your presence felt. Please remember that it does not matter what you do, but it matters what impact and impression you create, when you leave the place.
      5. Delivery: Deliver more than what is expected.
      6. Responsible: Be responsible for your work and take onus for any mistakes. Committing a mistake is not an issue, but repeating the same and not admitting your mistake is a big problem amongst the current generation. Don’t give justification for your mistakes. Just admit it and move on. 
      7. In-depth Knowledge and Continuous Learning: Focus on building a solid understanding of  laws, including corporate law and financial principles. Read the books and bare acts instead of google research. Google is for reference and not the source of your opinion. Stay curious and open to learning. The legal landscape is always evolving, so ongoing education and professional development are critical for long-term success.
      8. Stay Updated: Keep abreast of industry trends, regulations, and market developments. The banking and finance sector is constantly evolving, so staying informed is key.
      9. Develop Analytical Skills: Hone your analytical skills to assess complex financial transactions and corporate structures. Attention to detail is paramount in these areas of law.
      10. Inter-personal skill: Build relationships with professionals in the field, including clients, mentors, and peers. Networking can open doors to opportunities and provide valuable insights. Develop strong communication skills, both written and verbal. Clear, synchronised thoughts and concise communication is key for a lawyer. One should be able to express what they think.
      11. Integrity and Professionalism: Lastly, uphold the highest ethical standards and act with integrity in all your dealings. Trust and credibility are invaluable assets in the legal profession.

      Get in touch with Sachiv Kumar-