Super Lawyer

Tag: Agreements

  • “By combining specialization, practical experience, and effective networking, aspiring legal professionals can lay a strong foundation for a rewarding career in intellectual property law or corporate governance”- Rajarshi Bhuyan, Principal Attorney at CB&I 

    “By combining specialization, practical experience, and effective networking, aspiring legal professionals can lay a strong foundation for a rewarding career in intellectual property law or corporate governance”- Rajarshi Bhuyan, Principal Attorney at CB&I 

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

    Could you share a bit about your educational journey, particularly how you transitioned from your LL.B. degree to pursuing LL.M. in Intellectual Property Law at The George Washington University Law School?

    While completing my BA.LL.B, I enrolled in a diploma course in Intellectual Property Laws at the Indian Institute of Law during my third year of law school. It was during my fourth year, as part of my curriculum, that I delved deeper into Intellectual Property law, sparking a keen interest in the subject. By the time I reached my final year, my aspiration for higher education had crystallized, leading me to forgo immediate employment in favour of pursuing advanced studies. I applied to several esteemed law schools in both the US and UK renowned for their offerings in Intellectual Property Law. Upon receiving admission to George Washington University, widely recognized for its excellence in this field, my decision was made without hesitation.

    Your LL.M. focused on Intellectual Property Law, among other areas. What sparked your interest in this field, and how has this specialization influenced your career path?

    I became interested in intellectual property law (IP) while studying it during my undergraduate studies. It is fascinating because it mixes law, technology, creativity, and new ideas. During my LL.M., I became even more interested in the subject. In today’s corporate landscape, whether working as a corporate lawyer for a multinational corporation in industries such as oil and gas, IT, pharmaceuticals, or others, it’s imperative to have a keen awareness of the intellectual property (IP) owned by your company. Understanding how to safeguard these assets from infringement is paramount. My master’s degree in Intellectual Property Law has played a pivotal role in meeting this requirement. I’ve found that understanding and safeguarding intellectual property is crucial for the success of any company. It’s been instrumental in my ability to comprehend and effectively protect the intellectual property assets of the organization I work for.

    You’ve had significant experience in both law firms and corporate legal departments. How did these varied experiences shape your understanding of legal practice, especially in the context of intellectual property law and corporate governance?

    Upon completing my master’s degree, I sought advice from industry peers and well-wishers who advised me against exclusively focusing on IP at the outset of my career. As a result, I began my career in litigation. After gaining experience in litigation for several years, I transitioned into a role as a corporate lawyer within a software company. It was within this company that I once again engaged with IP matters. Particularly during negotiations for licensing agreements, my prior experience with IP proved invaluable.

    Can you elaborate on your role as a Principal Attorney at McDermott, specifically in the domain of sustainability and governance? How do you integrate legal expertise with sustainable practices within a corporate environment?

    As Principal Attorney at McDermott, my responsibility is to assist our supply chain team in their endeavours to procure materials and services essential for project execution. In addition to contract negotiation, my team and I provide legal training to enhance their understanding of relevant clauses, thereby empowering them during negotiations. Ensuring adherence to the code of business conduct is paramount in all our activities, particularly concerning sustainability and governance initiatives.

    You’ve worked extensively in drafting and negotiating various contracts, including those related to engineering procurement. How do you navigate the complexities of legal frameworks across different jurisdictions, given your experience in regions like the Middle East, India, Europe, and Africa?

    In our contractual agreements, we opt for common law as our governing jurisdiction. This choice is deliberate, as contracts governed by common law principles share remarkable similarities across various jurisdictions worldwide. This uniformity simplifies our navigation of legal frameworks and enhances our ability to manage contractual obligations effectively across different regions and jurisdictions.

    As someone deeply involved in legal compliance and risk management, how do you stay updated with evolving regulations, especially in areas like intellectual property and corporate mergers?

    As someone deeply involved in legal compliance and risk management, staying updated with evolving regulations, especially in areas like intellectual property and corporate mergers, is crucial. I employ various strategies to ensure I’m informed about the latest developments. This includes continuous learning through workshops and seminars, staying updated with legal publications and journals, active participation in professional networks, regular engagement with legal counsel, and monitoring government and regulatory websites for official updates. These efforts enable me to proactively manage legal compliance and mitigate associated risks for our organization.

    Transitioning from law school to your current role, what were some of the challenges you faced, and how did you overcome them? Are there any lessons you learned along the way that you would like to share with aspiring legal professionals?

    It has been over a decade since I graduated from law school, and I must say, it has been a journey of continuous learning for me. Transitioning from litigation to corporate law posed its challenges. Initially, my experience in litigation wasn’t fully recognized, and I found myself starting from scratch in the corporate world. However, as time progressed, my background in litigation has proven to be advantageous. Today, it gives me a unique edge over other corporate lawyers.

    To all aspiring legal professionals, I offer this advice: remain open to learning every day. Be like an empty vessel, ready to absorb new knowledge and experiences. This mindset is essential for growth and success in the legal field.

    Finally, considering your journey and expertise, what advice would you give to fresh law graduates aspiring to build a successful career in intellectual property law or corporate governance?

    For fresh law graduates aspiring to excel in intellectual property law or corporate governance, specializing and staying informed are paramount. Choose a specific area within these fields and immerse yourself in its intricacies, constantly updating your knowledge with the latest developments and regulations. Practical experience is equally crucial; seek internships or entry-level positions to gain hands-on exposure and insight into real-world applications. Additionally, effective networking is key to building a successful career. Engage with professionals in the industry through events and associations, fostering relationships that can provide valuable guidance and opportunities for growth. By combining specialization, practical experience, and effective networking, aspiring legal professionals can lay a strong foundation for a rewarding career in intellectual property law or corporate governance.

    Get in touch with Rajarshi Bhuyan-

  • One of the key aspects in arbitrations is to read and decipher the terms of the contract-Abhay Itagi, Partner at MV Kini Law Firm

    One of the key aspects in arbitrations is to read and decipher the terms of the contract-Abhay Itagi, Partner at MV Kini Law Firm

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

    Can you tell us about your journey and how you ended up pursuing a career in law, particularly  in litigation and arbitration? 

    Being born to a leading lawyer in a tier-2 city, the choice was clear with limited options to  embark and explore. My interest in litigation developed in law school, primarily by participation  in Moot Courts, while I took interest in arbitration in my 5th year of law school.  

    You have experience as lead counsel in domestic and international ad hoc arbitrations. Could  you share with us a notable case or experience from your arbitration practice that was particularly  challenging or memorable? 

    Arbitrations are born out of commercial contracts. One of the key aspects in arbitrations is to  read and decipher the terms of the contract. The more prudent reading of the contract is expected  to prevail. Recently, we successfully defended a claim of damages of Rs.350 crores against our  Client POSCO-Steel. The terms of the contract appeared to be skewed but on threadbare reading  the reciprocal obligations were found to be not fully filled. As a lawyer, every case is challenging  and an add-on to one’s memory and of course makes the journey memorable.  

    As part of your role, you draft various legal documents such as pleadings, written submissions,  and petitions. What are some key considerations you keep in mind when preparing these  documents for arbitration cases or other litigation matters? 

    Every lawyer enjoys freedom to present the case. Speaking for myself, I prefer to keep my  pleadings to the material facts and not dump voluminous bald statements or documents. Material  facts are to be carved out by marshalling the facts, as presented by the Client. One of the cardinal  principles that I follow is to not plead the law in the pleadings. Secondly, it is of paramount  importance to not suppress the facts or documents even if they are not in favour of your client.  Lastly, ensure that the client has disclosed all the facts without any judgment of relevance on such  facts. 

    You have appeared before various tribunals and courts, including the National Company Law  Tribunal, Bombay High Court, and National Green Tribunal. How do these appearances differ in  terms of the skills and strategies required? 

    The fundamental difference between different fora is the law under which a person  approaches. One of the aspects that I found was the lingo, language and communication to be  different. The fora that you mentioned, in ordinary course, do not conduct full-fledged trials but are  summary proceedings, so in that sense these fora are different from civil or commercial courts.  Secondly, the time available to a lawyer to present his case in these fora is limited as compared to  trial courts, therefore, precision is key. As a matter of skill and strategy, the stage of recording of 

    evidence is absent in these fora and the matters argued and decided on the basis of facts, as  presented and the documents that are relied upon.  

    In addition to your contentious work, you also have experience in non-contentious matters  such as providing strategy advisory and legal opinions. How does your approach differ when  working on non-contentious matters compared to litigation and arbitration? 

    Non-contentious matters are not limited to advisories and opinions, it can include drafting of  agreements, liasoning and compliance with regulatory authorities. The approach while drafting a  strategy or an opinion, the primary focus is on the business of the client and to the extent possible,  avoid potential litigation or non-compliance. Whereas, in arbitration the focus is on the claims  already raised either to seek or defend depending upon which side one represents.  

    During your time at Reliance ADA Group, you were involved in strategic planning of litigation  matters across the group’s businesses. Could you share an example of how you approached  strategic planning and mitigating legal risks for a complex business case? 

    Litigations are planned sounds like cases are filed with malice, which is incorrect. Secondly,  I was one of the juniors in the team of the General Counsel, and as a junior your role is to follow  the orders. But I must say that I did get opportunities to be part of the team engaged in drafting  Share Purchase Agreements, Shareholder’s Agreement. The exercise was to modify the corporate  structure in compliance with regulatory requirements. One such work which I found interesting  was to draft an Agreement of Sale for a yacht, for which I was exposed to a completely new  regulatory and review Charter Agreements.  

    You’ve also worked as Counsel for Tata Consultancy Services in New York, primarily  focusing on contract negotiation and drafting. What are some key challenges or considerations that  arise when dealing with IT contracts, IT infrastructure, and BPO contracts? 

    IT contracts revolve around a variety of intellectual property and intellectual property rights (IPR). The challenge is always to ensure assignment of IPR that may be required and to put or  negotiate a value. The second aspect is flexibility in licensing. The software is made available on  license basis and to ascertain the limitations on the usage of the software under the license. During  my time, the concept of SaaS i.e. software as a service was developing, but back to back service  level agreements would provide uptime and backups in case of a glitch. Therefore, clauses in  respect of indemnity and liability had to be drafted carefully.  

    As a foreign associate at Translegal LLP in Washington DC, you advised U.S. clients on  investments in India and provided opinions on multinational business transactions. What were some of the unique challenges or cultural differences you encountered while working with  international clients and navigating cross-border transactions? 

    I took up the engagement right out of college to understand and acclimatize the nature of  transactions between business entities in India and the USA. One of the aspects that I observed was that the decision making process is completely different. US businesses go back to the drawing board  only in case of a deviation or an addition, whereas Indian businesses go back to seek approval.  When the transactions are both inbound and outbound, the time spent on the decision making  process becomes vital.  

    With your educational background in litigation and international dispute resolution, how have  your studies influenced your approach to resolving disputes and handling international cases? 

    The fundamental qualification of LL.B is the only requirement whether you are a lawyer or  judge of the Apex Court. The other qualifications are only to accentuate one’s understanding of  law or out of academic interest. Fortunately, for me, I pursued my post-graduate studies with  emphasis particularly on litigation and international dispute resolution. During my LL.M, I got an  opportunity to work as an intern on a case involving a ship that was registered in the Cayman  Islands, fitted with a German engine that got spoiled during its voyage in Norway, and had a Chinese crew. The ship was insured by a US Company. I can only say this to convey the complexity of  various entities. But as a student, I could observe how the approach to a dispute varies depending on the party making the claim.  

    Lastly, based on your extensive experience in the legal field, what advice would you give to  fresh law graduates who are starting their careers or considering a specialization in litigation and  arbitration? 

    I don’t claim expertise in my field except to continue to remain a student. My suggestion to  my friends is that the key to flourish is to read. When I say read, I mean books that may or may not be  related to law. During my consistent interaction with current law students, one of the dangerous  trends that has crept in is to read and borrow mostly incorrect information from substandard books.  This practice has to be curbed. Another aspect is to always, as much as possible, be aware of the  developments that are taking place at the local and the policy level and form opinions and debate. 

    Get in touch with Abhay Itagi-

  • Aarzu Khattar, Advocate At Khaitan & Partners (SJK) Shares Her Knowledge On Client Counselling, Certain Aspects of Commercial Agreements & Opportunities In Arbitration

    Aarzu Khattar, Advocate At Khaitan & Partners (SJK) Shares Her Knowledge On Client Counselling, Certain Aspects of Commercial Agreements & Opportunities In Arbitration

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

    What inspired you to choose law as a career? How has been the decision so far?

    My journey to choose law as a career dates back to the day when I accidentally met a judicial officer at one of my relative’s place. After interacting with him, I was fascinated by his personality and his love for the law. Immediately thereafter, out of curiosity, I researched about law. In great part, I wholeheartedly thank my mother, who motivated me to pursue law. Over the past few years, I gained first-hand experience by witnessing various court proceedings, which improved my procedural knowledge of the law hence, my overall journey has been incredible.

    What were the challenges that you faced in the beginning of your career?

    The insurmountable obstacle at the beginning of my career was my introvert nature. I overcame this by watching Suits, the famous American Legal Drama Television series. Another impediment was that I am a first generation lawyer with no Godfather in the profession. I overcame this by being consistent in my efforts. I sincerely believe that dedication and constant efforts are stepping stones towards success, hence, I ensured that I learn atleast one lesson of life/ practical application of law every day without losing hopes.

    How do you handle ethical dilemmas that may arise in your work? Could you highlight some ways to tackle the same?

    Answer – In order to address ethical dilemmas that arise at work place, I preach the principle of dispute avoidance. Ethical dilemmas occur in all facets of life and I believe it is essential to address them at a nascent stage so that majority of conflicts can be avoided. It is crucial to separate yourself from the problem and act neutrally.

    We lawyers do a lot of research in making our cases but the majority of the time, when an ethical dilemma comes, we skip the critical thinking and rush to make the judgment call. It is only at a later stage that we realise about the damage that has been done and that’s when we do the damage control exercise. However, if we look upon situations of ethical dilemma from a bird’s eye view, we can be a step ahead and act rationally.

    Ethical dilemma should not always been seen as something that brings negativity. It is a way to come up with more meaningful realizations.

    How far do you see the importance of Client Counselling?

    The importance of Client Counselling can be better understood by the quote from Lois McMaster Bujold – “The dead cannot cry out for justice, it is the duty of the living to do so for them”. Client counselling is an art that we, as lawyers learn as and when we interact with aggrieved litigants. When an aggrieved person approaches a lawyer and starts narrating their dispute, it is important for a lawyer to identify and segregate the who, what, when, where and simplify the dispute redressal mechanism for the Client.

    The Lawyer should listen to the Client without any mind-chatter and give their undivided attention to the Client. A good lawyer, by good counselling will always be able to get the best relief for their Client. Efficiently communicating with the Client is the bread and butter of a lawyer and it is important that the lawyers don’t think of the Client as a money-minting machine. While interacting with the Clients, we often have to wear the hats of a psychologist, while being in the shoes of a lawyer. Focus should be upon building connections with the Client, money will follow. Be like Harvey Spector from Suits, care for your Client and settle their disputes – be the best god-damn ‘Closer’.

    Aarzu, do you believe that somewhere the craze for litigation has been vanishing lately due to job security in corporate?

    Yes, I agree with you. Young lawyers don’t wish to continue into litigation for two main reasons, first and foremost, litigation is less rewarding in the initial years, not many seniors in the profession give good pay to sustain the expenses. Secondly and most importantly, one has to devote a lot of time in litigation as the incubation time for litigation is more as compared to corporate jobs in the legal fraternity.

    To quote Justice Joseph Story – “the law is a jealous mistress and requires long and constant courtship. It is not to be won by trifling favours, but by lavish homage”. Many young lawyers enter into the litigation entirely blinded by the charm of black coat and white collar band. However, the bitter reality is that more than 70% of young lawyers who enter into litigation, filled with confidence either leave or plan to leave litigation. Some of them have genuine responsibilities of family, others who are afraid to burn the midnight oil – leave litigation in peer pressure seeing their fellow friends earn good in corporate. Now, in litigation we are experiencing brain-drain. Hard-working and intelligent lawyers are leaving litigation to enter into the corporate arena.

    Our audience knows a little about commercial agreements, also is there a whole bunch of work in that segment, how interesting is that for any corporate lawyer?

    Commercial Agreements are fascinating to work in. Drafting of these Agreements commence at the stage when parties are negotiating, if the terms between the parties are not negotiated properly or when there is a grey area, the parties end up knocking the doors of the Courts. One must make the Agreements/ Contracts diligently after understanding the fulcrum of issues between the parties and must always identify the deal breakers.

    A good lawyer knows how to draft an air-tight contract, keeping in mind the intent of parties and leaves no grey area in it. One should draft well-articulated Contracts like Louis from Suits. He always captured the imagination and intent of the parties and drafted rock-solid contracts protecting the interest of his Clients .

    Between arbitration, contracts and agreements, liasoning, and civil matters, which sector will have more opportunities in coming times for lawyers?

    Human conflicts are relentless, so disputes are inescapable. Hence all the sectors will have nearly equal opportunities for lawyers in the coming times. However, the Indian Legal System is well known for delay in adjudication. It is a conventional fact that the Hon’ble Courts are over-burdened with pending cases and it is almost impossible to provide quick and efficient relief to the aggrieved parties, Alternate Dispute Resolution in India is an endeavour made by the legislators to attain the Constitutional Goal of achieving complete justice in India.

    In today’s era, we can see a constant increase in people resorting to various ways of Alternative Dispute Redressal Mechanism for resolving their disputes amicably. Even the intention of the legislature is to resolve the disputes amongst the parties. At any stage if the Hon’ble Court witnesses a chance of settlement amongst the parties, the matter is referred to any of the alternative ways of dispute redressal mechanisms i.e. Arbitration, Mediation, Conciliation, Negotiation or Judicial Settlement by Lok Adalat for speedy redressal.

    In many cases it is even mandatory to refer to any of these alternative ways of dispute redressal mechanisms at the pre litigation stage. For example, Section 12 – A of the Commercial Courts Act envisages a mandatory reference to mediation to attempt to resolve the disputes out of the court before a suit can be instituted. I am of the opinion that Arbitration sector will have more opportunities in the coming times.  

    Talking about work-life balance, there has been ample amount of discussion on health issues as a lawyer, what do you believe are the best practices to maintain the equilibrium? 

    I sincerely believe that a good laugh and 7 – hours of sleep is the best practice to maintain the equilibrium. However, people in the legal fraternity have a habit of overworking. Life is all about balance. One should know when to stop. If we keep on working in a monotonous routine, then we would not be able to perform efficiently and effectively in the long run.

    Apart from doing regular exercise and maintaining a healthy lifestyle, we need to find a hobby. Our profession is significantly serious in nature, if we don’t enjoy the journey, we will not have much good memories to share 5 years down the lane. Mind is the greatest asset for a lawyer and its important that we must find solace in our professional lives. Only then would  we be able to enjoy our personal lives and create an actual work-life balance.

    Few advices for our young law professionals?

    Explore all areas of law before you finally make a judgment call about your niche practice.

    Stop thinking about the opinion of the world, it’s all in your head and focus upon improving the quality of your work.

    It will not be easy. Grab every opportunity that you get. If that opportunity is not given to you, go and ask for it. Do not give up. It will be worth it.

    -AARZU KHATTAR

    Get in touch with Aarzu Khattar-