Super Lawyer

Tag: Anti-corruption

  • “Mediation can be one of the quickest, cheapest, effective, and sustainable methods to resolve disputes, saving numerous hours of court’s time.” – “Bridging the Worlds of Accountancy and Law: Keval Sheth, Founder, Konvêrj-Zeûs

    “Mediation can be one of the quickest, cheapest, effective, and sustainable methods to resolve disputes, saving numerous hours of court’s time.” – “Bridging the Worlds of Accountancy and Law: Keval Sheth, Founder, Konvêrj-Zeûs

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

    Your educational journey is quite diverse, transitioning from becoming a Chartered Accountant first and then an LL.B. What motivated you to pursue a diverse career in accountancy and law, and how has this multidisciplinary background influenced your approach to risk, forensics, and dispute advisory?

    Though I have qualified as both, I have not practiced as either of them. I have been in consulting for all my professional career, right since my internship days back during 2002-05. I started with a lot of risk advisory and corporate governance work, working with various consulting firms. But it was when I started conducting forensic investigations and when I interacted a lot more with lawyers, I was intrigued enough by their role and wanted to, if not practice as one, but think from their perspective as well.

    What this has done is that while I am conducting the investigations, it helps me wear a lawyer’s hat also and foresee, of course in my limited knowledge and capacity, certain aspects which are distant to someone who is just a forensic accountant. And needless to mention the extra help I get to interpret various documents in my dispute advisory work as well.

    In this context and as an accredited arbitrator and an empanelled mediator, what unique insights do you think you bring to the table to resolve disputes effectively?

    Globally, the arbitration practice as such is led by the legal fraternity and rightfully so. Having said that, in my view, there is good space for technical professionals other than lawyers. Technical experts like accountants, engineers, doctors, architects, etc. can immensely contribute as a neutral to resolve disputes.

    If a technical professional is an appointed neutral on a case, be it as a sole arbitrator or as a co-arbitrator, I think there is a lot of merit in the process. Imagine a complex commercial dispute or a construction dispute, where you have a chartered accountant or an engineer as one of the arbitrators respectively; not to mention if they additionally are qualified lawyers as well. Not only is the arbitrator adept in the legal aspects but also aware of the complex technical aspects of the case, which may lead to a better conclusion on the case. It is also better to understand the prevailing entitlement, causation and quantum of a case.

    With your extensive experience in forensics and dispute advisory, what are some common pitfalls you’ve observed in organizations regarding risk management, and how do you help them navigate these challenges?

    The most common and critical one that I have observed is to not have a risk management framework at all or to have it led by a risk champion who is relatively inexperienced in the role or function.

    Another pitfall is that a lot of corporates have failed miserably in integration of data, systems and people. Multiple fragmented systems and processes lead to inconsistencies and non-standard procedures.

    Over emphasis on financial risks with no or limited attention to operational, reputational and strategic risks are leading corporates to last minute surprises and resort to course corrective actions.

    Policies and procedures are often poorly drafted and hence lead to multiple gaps and loopholes being exploited by the perpetrators.

    In my experience, we are usually brought in largely when there is a crisis in the company and our support is sought to investigate and course correct the situation. However, in a growing number of cases, management does realise that a proactive approach to have a robust fraud risk assessment will be more effective to save money, time and the huge energy that they are drained off of in a reactive approach. So, I would recommend that risk and fraud management frameworks are of utmost importance. These frameworks also help avoid various disputes and compliance issues that may crop up due to identified procedural shortcomings.

    Founding Konvêrj-Zeûs represents a significant milestone in your career. What inspired you to establish your own consulting firm, and what unique approach does Konvêrj-Zeûs bring to the table?

    Yes, it is. Back in September 2021, I thought that the timing was just right. Things were just starting to recoup post the Covid-19.  After working with various well-known accounting / consulting firms of global repute, I thought it made sense to take the plunge and explore new avenues. As a budding professional, you have always dreamt of having something of your own someday. I think the entrepreneurial bug bites you really hard.

    At Konvêrj-Zeûs, we offer multiple consulting services to corporates, banks, other non-banking entities and law firms, which include Risk Advisory, Forensic Investigation, Dispute Advisory, Financial Advisory and Transformation Advisory Services.

    I think being brought up professionally in some of the large consulting firms does develop a professional approach and attitude that is appreciated by clients globally. So, even though Konvêrj-Zeûs is still in its nascent stages of its journey to expand, the kind of work we do is acknowledged to be at par, if not better, with some of the leading consulting firms around.

    I think the ‘attention to detail’ that we pay on each of our projects helps us give our clients exceptional service experience. At the end of the day, we immensely value the trust that our clients place on us.

    Could you elaborate on the intersection between forensic accounting and economic damages assessment, and how this expertise aids in resolving disputes and providing expert witness testimony and also uncovering financial irregularities and providing expert testimony in legal proceedings?

    Forensic accounting is actually a combination of accounting and investigative techniques used to discover financial crimes and as Forensic accountants; we explain the nature of a financial crime to the courts. Many cases, where we are on-boarded, require us to quantify the damages due to certain breaches, for example, or quantify the losses due to fraud or misrepresentation, or value IPs like Trade Secrets / Brands in cases of IP infringements or data theft and so on. So, the investigation does not end at authoring a report and concluding whether a fraud was committed or not, but also goes ahead and quantifies the losses / damages.

    Likewise, in case of disputes, the Tribunal relies more upon and takes into consideration an expert’s report than that from the parties to a dispute, while they decide and award the damages or lost profits as it is from a neutral standpoint. Once the legal tenability is proven, often the question of ‘How Much’ is core to the Tribunal to decide upon, which is where our quantification helps them.

    So apart from the economic analysis, I think the forensic accounting skill set does play a crucial role in setting right the facts and figures of the case and eventually also limiting the assumptions and extrapolations used in the quantum exercise.

    Similarly, in cases where financial irregularities are concerned, we analyse financial data and identify discrepancies that may indicate fraud or other financial crimes. We work closely with law enforcement agencies, attorneys, and other professionals to investigate financial irregularities and provide evidence to support legal proceedings. For doing the same, we use different techniques, tools and technologies to unearth the financial irregularities.

    Your role as a mediator at the High Court of Bombay indicates your involvement in alternative dispute resolution mechanisms. How do you see the role of mediation evolving in the legal landscape, particularly in complex commercial disputes?

    We all know that mediation can be one of the quickest, cheapest, effective and sustainable methods to resolve disputes. It adds advantages to the case, for being informal and of a flexible nature while maintaining confidentiality.

    While a lot of parties do attempt mediation on the first go, a lot of courts have also resorted to mediation before litigation. Also, for a majority of people, the prospect of going to court is daunting both emotionally and in terms of the financial strain it can pose, and it can mean that proceedings take a considerable time.

    When widely accessible, mediation can be a successful way of keeping cases away from the stress and expense of court. This saves numerous hours of court’s time, which can be useful for cases that are not resolvable through mediation.

    Even in complex commercial disputes, it may sometimes be at the parties’ advantage to use mediation as a channel to resolve the dispute. The complex nature of dispute can be simplified by seeking help of technical experts, while the legal aspect can be taken care through mediation. This not only saves the parties huge amounts of effort and money, but it can also give the parties that critical time to decide and make critical decisions after the resolution that they would have lost in a long-standing dispute.

    Given your wealth of experience in the field, what advice or suggestions would you offer to the upcoming generation of professionals aspiring to make a mark in risk management, forensics, and dispute resolution?

    I genuinely believe that there are numerous avenues where one can practice and expertise apart from the traditional fields of professions of a Chartered Accountant and a Lawyer.

    A dual qualification or skill set is always going to be an added advantage, be it of any specialized profession. So, I would always advise one to be on the lookout for opportunities where one can expand the horizon to add the necessary skill set to one’s profile.

    In my case, internal audit led me to risk and corporate governance, which led me to forensics, which led me to expert report & evidence and currently I also support resolving disputes. So, one has to hold on to the leading strings to explore new avenues of consulting.

    Branching out to this particular niche practice area has worked for me until now. For someone else, it can be a different combination. But one has to explore into various formats and see for themselves what suits them. We often are bound to one particular field observing our mentors or seniors or partners around us, but in my view, one has to take some risks in early years to establish a strong foundation.

    For practicing in forensics and dispute resolution, I would finally advise to be qualified or acquire the requisite skill set where one understands the legal and one technical side of things.

    Get in touch with Keval Sheth-

  • “Prioritize learning, dedication, and perseverance in the legal profession. There are no shortcuts to success; hence, young lawyers should embrace challenges, treat professors as legal gurus, and remain committed to continuous growth.” – Neerav Merchant, Partner at Majmudar & Partners

    “Prioritize learning, dedication, and perseverance in the legal profession. There are no shortcuts to success; hence, young lawyers should embrace challenges, treat professors as legal gurus, and remain committed to continuous growth.” – Neerav Merchant, Partner at Majmudar & Partners

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

    Could you take us through your journey from college to your first job and eventually to becoming a partner at Majmudar & Partners? What were the pivotal moments or experiences that shaped your career path, and how did you navigate the transitions along the way? 

    I come from a legal background. My father, Mr. Pravin Merchant, was a practicing Solicitor for over 35 years, and as a result, I was exposed to law early on.  I took up different part-time assignments, internships, trainings, etc., even when I was studying in college.  However, my first job (as a legal trainee) was at Kanga & Co., one of the oldest law firms.  Thereafter, I spent few years in private practice with other prominent law firms, such as Vimadalal & Co., and Gagrat & Co., before moving as an in-house counsel. My transition to being an in-house counsel was under tenuous circumstances. My father passed away in 1995 (when I was in second year law) and the pay standards in most law firms in India in the 1990s was not that high, as compared to in-house profile.  Hence, I decided to spend few years as an in-house counsel.  Except in a few cases, not many in-house counsels go back into private practice.  I went in-house at a relatively early stage in my career and after having spent seven (7) years in-house, I felt that my learning curve had hit a plateau.  Though, I had done large private equity deals, negotiated large outsourcing contracts and even built an entire legal department, I needed more challenges, which I thought I could get only in a law firm setting.  This was the genesis of my decision to move back into a law firm.  As regards my choice of Majmudar & Partners, I knew about Majmudar’s stellar reputation and had even seen their work on a private equity deal that they did against the company where I was the general counsel.  The high-quality work, top-tier clientele, and fantastic standing, both domestically and internationally, convinced me that this was the place for me.  The transition from an in-house set-up into a law firm was challenging.  The key challenge that I faced as an in-house counsel was that of changing my mindset and approach, to be able to think like a client.  Additionally, in private practice, lawyers deal with various clients (individuals and companies), which makes it more interesting.  To summarise, the main challenge was to switch gears in my overall thinking and perspective, and to give paramount consideration to the business objectives of the company. I believe, I made this transition quite well, and this helps me in my practice today.

    Having experienced both roles as a partner in a law firm and as in-house counsel for companies like Tata Housing and Patni Computer Systems, what notable differences did you encounter in these positions, and what factors influenced your decision to transition between the two roles?

    Good question.  One should understand that the industry and sector plays a critical role for an in-house counsel as regards adapting to the legal function, whereas when it comes to operating in a law firm, one must adopt to the work ethics, culture, etc. Firstly, the in-house lawyer is required to understand the industry and sector in which he or she operates, especially, because vertical line of business brings different and interesting challenges, compulsions, limitations and risk appetite. Secondly, the management approach and focus vary for each business. Thirdly, government rules, regulations and policies vary according to industry, which is not relevant when one works in a law firm set-up.  All of this makes it imperative for an in-house lawyer to remain focussed on the sector and ensure that nothing is missed in terms of legal strategy, advice, approach, risk mitigation, etc.  I think the foregoing factors did influence my decision whilst working as practicing lawyer as also as an in-house counsel.

    Having more than 25 years of experience, you’ve witnessed significant changes in the legal landscape. What key shifts or trends do you foresee in the field of dispute resolution, arbitration, and intellectual property in the coming years? A lot has changed over the years and much of it has been for better.  Whilst, it will be impossible to identify all the major shifts or trends, the most important shifts that come to mind are that, judiciary has evolved and matured over the years, the use of technology has become more rampant, the present-day judges are commercially savvy, procedural laws have undergone various changes as also laws on arbitration have become more stringent and focussed after taking cues from cross border arbitration cases.  In my view, IPR practice deserves a compliment because it is kind of evergreen in its own right and has gained momentum over the years, especially, with an extensive increase in the use of the internet, matters relating to infringement, counterfeiting, etc., has become more rampant, there is tremendous awareness re brand protection, logos, etc.   

    You’ve represented clients in enforcing an ICC arbitration award in India. Could you share insights into the challenges and strategies involved in the enforcement process, particularly in the Indian legal context?

    This question deserves a comprehensive response, and we could end up writing a complete chapter on this issue. Broadly speaking, over the years enforcement of foreign awards in India has become smoother as the courts have become sensitive towards being pro-enforcement and acknowledging India as a signatory to the New York Convention on enforcement of foreign awards in India.  Moreover, there have been various statutory amendments and judicial pronouncements which have helped in reducing the challenges of foreign awards by Indian parties.  In my view, the biggest challenge that persists is that of asset tracing and seeking an interim injunction against disposal of the assets.

    Your role involves advising on technology and telecommunication matters. With the rapid evolution of technology, how do you stay updated on the latest legal implications and challenges in this dynamic industry?

    I have been fortunate to work in these sectors very early on.  My first stint as in-house counsel was at GTL Ltd, which was in the business of installation of radio-frequency towers, laying down optic fibre cables, and providing other related telecom services. All of this compelled me to continuous learn, read and stay on top of the regulations, interact with governmental officials, and constantly review judicial precedents touching this sector.  I had to adopt a similar approach in the areas of technology. The Information Technology Act was introduced sometime in 2000, which, since then has been the legal backbone in relation to technology law.  There has been constant learning, checking new amendments regularly, focusing on the rationale of changes, and then advising clients on a given scenario.

    In your recent transactions, you’ve been involved in diverse matters, from challenging telecom regulations to high-stakes arbitration involving global players. Could you highlight one or two recent transactions that you found particularly intriguing or challenging, and share the key strategies that led to a successful outcome for your clients?

    In the recent past, we had represented one of the large telecom service providers, operating in the business of mobile portability. The TRAI (telecom regulator) brought in a certain regulation that impacted our client’s ability to do business in India. We assessed the relevant law, regulations and provisions and checked judicial precedents, as also researched on important provisions of the Indian Constitution, and filed a constitutional writ before the Delhi High Court considering that the regulation was impacting our client’s fundamental right to do business.  After some deliberation and with excellent arguments made by eminent Sr. Counsels, we eventually succeeded in obtaining a favourable order quashing the controversial regulation.  This allowed our clients enormous commercial relief and the time and efforts spent by the firm were highly appreciated.

    Amidst your demanding legal career, how do you unwind and recharge? Could you share some of your hobbies or activities that bring you joy and relaxation outside the courtroom or office?

    I agree that having a good work-life balance is critical to reduce stress levels and to enhance productivity.  To manage stress levels, I spend my mornings in doing some physical training, reading interesting articles, etc.  In the evenings, I prefer to simply relax with family and occasionally with friends. My hobbies include reading, going for evening walks, long drives, an occasional movie in the theatre, etc.

    Given your extensive experience in the legal field, what advice would you offer to law students regarding the scope of the profession and the mindset they should cultivate while studying law?

    Firstly, all law students should opt to pursue this profession, only if they are mentally and intellectually driven to pursue such profession, and not because of any other reason. Practicing law is a serious profession as it demands commitment, dedication, and devotion.  If one compares the overall mindset of experienced lawyers versus young law students (including newly graduated lawyers), there will always be a general gap in terms of overall approach, thinking, priorities and perceptions.  In my view, law students (or freshly qualified lawyers) are dynamic, aspirational, and savvy, but they lack patience and perseverance. I would like to urge the younger generation to focus on learning, and hard work, and to treat their professors as legal gurus.  Law students should understand that there are no shortcuts to success; hence, they should not cut corners.  Youngsters should be smart in choosing their internships with firms where they genuinely see interesting client work that can help them apply legal theory in practice.

    As a seasoned lawyer, you’ve advised on foreign investment, general corporate matters, and joint ventures. What advice would you give to young lawyers aspiring to specialize in international law or corporate law?

    A simple advice to all young lawyers is to take up all kinds of work in the earlier years of their career, namely, matters relating to commercial disputes, arbitrations, securities law, foreign exchange law, employment law, or on general commercial queries, doing due diligence, working on a commercial contract, etc.  In other words, never say no to any legal work assigned by one’s senior.  After spending around 2 or 3 years as a generalist lawyer, one can pursue the vertical area of practice that is appealing or interesting.

    Get in touch with Neerav Merchant-

  • Legal fields can evolve rapidly, and being flexible in your approach allows you to incorporate new developments effectively-Mohit Batra, Associate Director- Legal &Compliance,VerSe Innovation(Josh& Dailyhunt)

    Legal fields can evolve rapidly, and being flexible in your approach allows you to incorporate new developments effectively-Mohit Batra, Associate Director- Legal &Compliance,VerSe Innovation(Josh& Dailyhunt)

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

    Can you please tell us about your journey and how you ended up pursuing a career in law?  What inspired you to choose this profession?  

    I come from a non-legal background. Following my completion of school, I enrolled  at Delhi University to pursue a degree in History (Hons) while simultaneously preparing for a  law entrance exam. Progressing further, I participated in several entrance exams and achieved  an impressive rank in the GGSIP university entrance exam. This accomplishment led me to  join Amity Law School (GGSIP University), conveniently located in my hometown of Delhi.  It took a few semesters to gain a comprehensive understanding of the field of law as a subject,  and I further expanded my knowledge through internships, gaining insight into its practical  applications.  

    During my time at law school, my areas of particular interest revolved around company law  and the realms of International Trade and Intellectual Property. This focus guided my  trajectory, leading me to specialize in corporate laws with a specific inclination towards the  intricacies of commercial contracts and advisory.  

    With over 14 years of experience in legal advisory, litigation, and compliance, could you  share some of the most significant challenges you have faced in your career and how you  overcame them? 

    I started my career as an In-house counsel with a Korean multinational corporation.  Being the first Indian employee in this role, I was entrusted with the responsibility of initiating  operations from the Korean MNC’s representative office and establishing a subsidiary within  India. This task presented challenges, yet it captivated my interest as I navigated through the  intricacies of elucidating legal obligations and confronting day-to-day hurdles associated with  the establishment of a wholly owned subsidiary in the Indian context. Beyond managing  routine responsibilities, I also collaborated with the headquarters to address legal inquiries  pertaining to significant contracts involving government public sector undertakings (PSUs) and  private enterprises in India. Throughout my professional journey, my primary area of expertise  and interest has revolved around General Corporate law as a practice. My predominant focus  lies in facilitating transactions, encompassing activities such as conducting thorough due  diligence, managing transactional documentation, providing advisory services, and extensively  engaging with a broad spectrum of corporate and commercial legal affairs for privately held  companies. 

    Navigating this journey as a recent law graduate came with its share of challenges, particularly  when faced with the task of addressing inquiries and managing responsibilities independently, without the luxury of guidance. Being the sole In-house counsel at the time, I had no support  to rely upon, and this situation added an extra layer of complexity to my role.  

    As a member of the Bar Council of Delhi, you have a strong command over commercial,  civil, criminal law, commercial disputes, and arbitration matters. How do you manage such  diverse areas of expertise, and what advice would you give to aspiring lawyers looking to  specialize in multiple legal fields? 

    As a practicing in House counsel has to wear multiple ‘Hats’. Maintaining  proficiency in diverse areas of law, especially within the domains of commercial, civil, criminal  law, commercial disputes, and arbitration matters, requires a strategic approach and a  commitment to continuous learning. Here’s how one might manage such a range of legal  expertise: 

    Foundational Knowledge: Start by building a strong foundation in each area of law. This  involves studying the fundamental principles, key statutes, and landmark cases that pertain to  each field. 

    Continuous Learning: The legal landscape is constantly evolving. Stay updated with changes  in laws, regulations, and judicial interpretations across all the fields you’re focusing on. This  might involve regularly attending legal seminars, workshops, webinars, and reading industry  publications.  

    Time Management: Juggling multiple fields requires effective time management. Allocate  specific time blocks for each area of expertise, ensuring that you’re dedicating sufficient time  to remain well-versed in each one. 

    Mentorship and Networking: Connect with seasoned professionals who specialize in each  field. Their guidance and insights can offer invaluable practical knowledge that complements  your theoretical understanding.  

    Technology and Research Tools: Leverage technology and legal research tools to efficiently  gather information across multiple fields. Online databases and legal research platforms can  help streamline your information gathering process.  

    Practical Experience: Practical experience is crucial. Engage in internships, clerkships, or  positions where you can gain hands-on exposure in each field. Practical insights often solidify  theoretical knowledge. 

    Adaptability: Be adaptable and open to change. Legal fields can evolve rapidly, and being  flexible in your approach allows you to incorporate new developments effectively.

    Remember that gaining expertise in multiple legal fields is an ongoing process. It requires  dedication, curiosity, and a willingness to embrace challenges as opportunities for growth.  

    In your current role as Associate Director Legal & Compliance – Chief Compliance Officer  & Product Legal at VerSe Innovation Private Limited, what are some of the most critical  compliance challenges you face in the digital media industry? How do you ensure compliance  with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code)  Rules, 2021?  

    As the Associate Director Legal & Compliance – Chief Compliance Officer &  Product Legal at VerSe Innovation Private Limited, I face a number of critical compliance  challenges in the digital media industry. These include:  

    • Data privacy and security: The digital media industry is constantly generating and  collecting large amounts of user data. This data is often sensitive and must be protected  from unauthorized access, disclosure, or misuse.  

    • Intellectual property protection: The digital media industry is also a major creator  and user of intellectual property, such as copyrights, trademarks, and patents. It is  important to ensure that this intellectual property is properly protected from  infringement. 

    • Content moderation: The digital media industry faces a challenge in moderating the  content that is published on its platforms. This content can range from harmful or illegal  content to content that is simply offensive or controversial. It is important to strike a  balance between freedom of expression and the need to protect users from harm.  

    • Compliance with local laws and regulations: The digital media industry is subject to  a variety of local laws and regulations, which can vary from country to country. It is  important to stay up-to-date on these laws and regulations and to ensure that the  company is in compliance with them.  

    The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules,  2021 (IT Rules 2021) are a set of regulations that govern the functioning of intermediaries and  digital media platforms in India. These rules impose a number of obligations on intermediaries  and digital media platforms, such as the removal of harmful content, the appointment of a  grievance officer, and the compliance with a code of ethics.  

    I ensure compliance with the IT Rules 2021 by:  

    • Establishing a robust compliance framework: This framework includes policies and  procedures for managing data privacy, intellectual property, content moderation, and  compliance with local laws and regulations.  

    • Providing training to employees: Employees are regularly trained on the company’s  compliance policies and procedures.  

    • Monitoring compliance: The company has a system for monitoring compliance with  the IT Rules 2021 and other relevant laws and regulations.  

    • Responding to complaints: The company has a system for responding to complaints  about the content that is published on its platforms. 

    I believe that these measures are effective in ensuring compliance with the IT Rules 2021 and  other relevant laws and regulations. However, the digital media industry is constantly evolving,  and it is important to be prepared for new challenges that may arise in the future.  

    You have provided legal advice for various strategic commercial projects and technology  deployments. Can you share a specific project that you found particularly challenging and how  you navigated the legal complexities involved?  

    One project that I found particularly challenging was the development of a new machine learning powered content moderation platform. The platform was designed to  automatically detect and remove harmful content from VerSe Innovation’s platforms. However,  there were a number of legal challenges that needed to be addressed in order to develop and  deploy the platform.  

    One challenge was the need to comply with the IT Rules 2021. These rules require  intermediaries and digital media platforms to remove harmful content, in accordance with the  verbiage in the IT Rules 2021. This meant that we had to carefully consider the different types  of content that could be considered harmful and develop a system for detecting and removing  this content as per the platform policies .  

    We also had to consider the potential impact of the platform on freedom of expression. The  platform would be able to remove content that was considered harmful, but it was important to  strike a balance between protecting users from harm and allowing for freedom of expression.  We navigated the legal complexities involved in this project by working closely with the  company’s moderation and engineering team. The platform has been successful in removing  harmful content from VerSe Innovation’s platforms and has helped to create a safer and more  inclusive online environment.  

    I learned a lot from this project about the challenges of developing and deploying new  technologies in the digital media industry. I also learned the importance of working closely  with tech team and content moderation experts to navigate the legal complexities involved in  these projects. 

    Throughout your career, you have been involved in drafting, reviewing, and negotiating  various agreements, including technology, gaming, banking, and real estate agreements. What  key aspects do you consider when reviewing and negotiating these agreements, and what are  some common pitfalls that people should be aware of?  

    During my professional journey, my involvement in drafting, reviewing, and  negotiating a range of agreements spanning technology, gaming, banking, and real estate has  highlighted several crucial aspects to consider, as well as common pitfalls to avoid; 

    (i) an  agreement must use clear, unambiguous language to define terms, obligations, and rights of the  parties involved; 

    (ii) the draft agreement clearly outlines the scope and purpose of the agreement.  This helps prevent misunderstandings regarding the parties’ intentions; 

    (iii) explicitly detail the  responsibilities and obligations of each party; 

    (iv) the draft should address intellectual property rights, licenses, and permissions thoroughly. determine who owns what, and how rights are  granted or licensed; 

    (v) clearly define payment terms, including amounts, frequency, and  methods of payment. Include provisions for late payments, interest, and penalties; 

    (vi) outline  the conditions under which the agreement can be terminated and the process for doing so.  Address any consequences of termination; 

    (vii) specify the mechanisms for resolving disputes,  whether through negotiation, mediation, arbitration, or litigation; 

    (viii) establish protocols for  handling confidential information and trade secrets, including restrictions on disclosure and  use; 

    (x) address liabilities, including limitations on liability, indemnification obligations, and  insurance requirements; 

    (xi) Account for unforeseen events that might impact the execution of  the agreement, such as natural disasters or unforeseen circumstances. 

    Common Pitfalls to Avoid:  

    Incomplete or Ambiguous Terms: Vague or incomplete clauses can lead to  misunderstandings and disputes down the line.  

    Ignoring Local Laws: Failing to consider applicable laws and regulations can result in non compliance and legal issues. 

    Unequal Bargaining Power: Negotiating parties with disparate power dynamics can lead to  unfair terms or misunderstandings.  

    Lack of Exit Strategy: Without clear exit provisions, parties might face challenges when  terminating an agreement prematurely. 

    Weak Dispute Resolution Mechanisms: Poorly defined dispute resolution processes can  prolong conflicts and escalate costs.  

    When reviewing and negotiating agreements, it’s essential to consult with the business team who  have specific the real intent of the deal or transaction. As a legal professional, I can help identify  potential issues, offer solutions, and ensure that the agreement aligns with the parties’ intentions  and relevant legal frameworks. 

    You have also advised on fundraisers and conducted due diligence on M&A activities. What  are the essential factors to consider during due diligence, particularly in terms of data privacy,  anti-corruption, and product compliance?  

    A legal due diligence report is a comprehensive review of a target company’s legal  compliance status. It typically includes a review of the company’s corporate compliance,  contracts, licenses, employees, properties, intellectual property, and litigation. The report is  used to identify any potential legal risks associated with the company and to help the investor 

    negotiate the transaction documents. The outcome of the due diligence process can have a  significant impact on the negotiations of the transaction documents. The report should highlight  any risks that the investor may face and propose solutions or mitigation strategies. It is also  important to complete the due diligence process in a timely manner so that the definitive  agreements can be negotiated and executed.  

    The essential factors to consider during due diligence, particularly in terms of data privacy,  anti-corruption, and product compliance, include:  

    • Data privacy: This includes the collection, use, and storage of personal data. You need  to ensure that the company complies with all applicable data privacy laws and  regulations.  

    • Anti-corruption: This includes the prevention of bribery and other corrupt practices.  You need to ensure that the company has in place adequate anti-corruption controls,  such as a code of conduct and a whistleblowing policy.  

    • Product compliance: This includes ensuring that the company’s products comply with  all applicable laws and regulations. This can be a complex area, as there are many  different laws and regulations that may apply, depending on the product, market and  the user base.  

    As a seasoned professional, what advice would you give to fresh graduates who are  entering the legal field? Are there any skills or areas of specialization that you would  recommend focusing on for a successful legal career? 

    Fresh law graduates should focus on developing a deep understanding of their  practice area and the laws relating to it. This is important because it will give them a strong  foundation for their career. It is also important to be patient and willing to learn. There is no  one right way to practice law, and it takes time to find your own style. Don’t be afraid to explore  different areas of law, but be prepared to put in the hard work to succeed. It is also important  to never get discouraged. The legal profession is a demanding one, but it is also very rewarding.  There is always room for improvement, so keep learning and growing. Some key qualities or  skills that are important for fresh law graduates include: 

    • Discipline: Being able to manage your time and stay focused on your work.  

    • Willingness to learn: Being open to new ideas and feedback.  

    • Updating yourself every day: Keeping up with the latest legal developments.  

           • Hard work and street-smart work: Being willing to put in the effort to succeed.  

    • Being a team player: Being able to work effectively with others.  

    • Time management: Being able to manage your time effectively.

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