Tag: Asia law leading Lawyer

  • “Thought leadership is integral to staying ahead in the legal field. While it requires dedication, the impact of sharing insights and generating discussions outweighs the challenges. It’s about giving back to the profession and shaping its future.” – Divi Dutta,  Partner – Private Client & General Corporate at Khaitan & Co.

    “Thought leadership is integral to staying ahead in the legal field. While it requires dedication, the impact of sharing insights and generating discussions outweighs the challenges. It’s about giving back to the profession and shaping its future.” – Divi Dutta, Partner – Private Client & General Corporate at Khaitan & Co.

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

    Your journey from college to becoming a Partner at Khaitan & Co. has undoubtedly been filled with challenges and achievements. Can you share with us some pivotal moments or challenges you faced during your college years and after graduation, and how you overcame them to reach where you are today?

    A little-known fact about me – before joining law, I worked with Raell Padamsee as part of her theatre group. I moved into law subsequently. I graduated in law in 2005 from the Government Law College, Mumbai and since then it has been an exciting journey. I worked in one of the oldest law firms in India – Crawford Bayley in its Mumbai office. I had the opportunity to train under Mr. Sanjay Asher for almost 6 years which shaped my understanding, interest and aspirations in the field of corporate law. Subsequently, I moved to Delhi in 2012 and joined the then Amarchand Mangaldas Suresh A Shroff & Co., the unified firm. Subsequently, post the split in 2015, I continued with Shardul Amarchand Mangaldas & Co (SAM).

    However, the most pivotal decision in my journey has been to take up the challenge and set up the private client practice which was relatively unknown at that time under the aegis of Shardul Shroff. This was unchartered territory for me as hardly any law firm had a dedicated private client practice at that time and there were no set precedents or background on this practice. We had to develop our own understanding of issues, create drafts and reach out to other limited experts in the field. Despite the initial struggles and the teething problems, I can proudly say that foraying into the private client practice has been the most significant professional decision I have made in my life. This practice has been both challenging and rewarding at the same time. After spending almost 12 years in SAM, I recently joined the private clients practice group in Khaitan & Co. This move was not easy given my long association with SAM but I am excited and raring to go and make this next journey even more memorable and fruitful.  

    I feel tremendous gratitude for the opportunities I have had and the support and guidance I received from Mr. Shardul Shroff. I am also confident that my association with Khaitan & Co. will only further my passion for the private client practice and give me a platform to take my journey to greater heights.

    Your work often involves delicate matters related to family dynamics and wealth management. How do you approach building trust and rapport with your clients, especially when dealing with sensitive topics like family disputes or succession planning?

    I treat every client as family. Most family matters need to be dealt with extreme sensitivity and confidentiality. You need to be a friend and confidant of your client first to enable them to trust you and open up to you. The legal aspect of these issues comes much later. Additionally, in a practice like this, the relationship does not end once the mandate has ended. The rapport that gets developed in these matters transforms into the relationship as there is a certain internal trust that gets built with the client. I continue to have a great relationship with most of my clients even if I am no longer advising them on legal matters and they keep reaching out to me for personal as well as professional assistance on other matters from time to time.

    Besides your legal expertise, you seem to have a flair for writing and thought leadership. How do you balance your professional commitments with your passion for writing, as seen in your contributions to various publications?

    The legal field is constantly evolving and the laws keep getting amended basis changing circumstances and other practical challenges. I feel that it is very important to be aware and keep oneself updated with the latest developments, especially in your area of expertise. It is equally important to create awareness amongst clients and peers as well. Therefore, while it is difficult to remove time and create a balance between professional commitments and making contributions, I look at these contributions more as a way of giving back to society, mentoring juniors, exchanging information amongst peers and generating business for my field of work. Further, given the nature of my practice, the reach of legal articles relating to succession planning, inheritance and wealth management is pretty wide.

    Your involvement in setting up operations for foreign companies in India is impressive. What are some key challenges these companies face, and how do you navigate the regulatory landscape to ensure smooth transitions?

    Most foreign companies are not aware of the regulatory regime in India and often question the requirement of providing documents/information. The regulatory regime in India is cumbersome to comply with in the initial stages of set up and the maximum time and effort is usually spent on collating the right documents/information from the foreign clients, explaining the submission criteria and requirements of the authorities and managing timelines. Fortunately, the current regime has streamlined a number of these processes, and it has now become easier to set up operations for foreign companies in India. Additionally, foreign clients are now more aware of the Indian system and are usually more cooperative now than before in supporting us in the set-up.

    After dedicating more than 11 years to Shardul Amarchand Mangaldas & Co., you made the transition to Khaitan & Co. as a Partner. What motivated this move, and how do you envision your role evolving in your new firm compared to your previous experiences?

    My 11 years in Shardul Amarchand Mangaldas were very fruitful and I am extremely thankful to Mr. Shroff for welcoming me into the firm. I have learnt a great deal from my experience in the firm and I take back fond memories of my time in the firm with me. I am very excited at this stage in my life and I am eagerly looking forward to my role in the Khaitan & Co. family. Khaitan & Co. has the largest private client practice in India and I intend to expand the practice to even greater heights and have an extended outreach in every corner of India through my association with Khaitan & Co. Mr. Haigrieve Khaitan is already very well known in this field and I am confident that with his support and guidance, my journey will be even more successful, enriching and rewarding than it has been so far.

    As a Partner at Khaitan & Co., what do you find most rewarding about your role, and how do you foster a collaborative and supportive environment within your team?

    The most rewarding aspect of my role in Khaitan & Co. is the confidence that the Khaitan family has reposed in me. They are always ready to support me, collaborate with me and have been extremely welcoming. They have done everything possible to provide me with a platform and resources that I can only grow to greater heights from here. The environment at Khaitan & Co. is one of extreme support and collaboration and I have naturally imbibed that thought process. The best aspect about Khaitan & Co., apart from its legal competence and a brilliant team, is its culture. 

    Beyond your professional endeavors, do you have any hobbies or interests that you’re passionate about? How do you balance your personal pursuits with your demanding professional commitments?

    I am an out-and-out foodie and I love to try new places, new cuisines and new food items, be it a new restaurant, a new café or a new dhaba. I also love watching movies. Some of my food interests are shared by clients and colleagues as we try new places together. I try and watch a late night movie on most Fridays after a long week of work. Other than this, I enjoy playing table tennis and swimming.

    For aspiring lawyers looking to build a strong foundation, what kind of internships would you recommend they focus on? Additionally, what are your views on gaining experience through internships with tier 1, tier 2, or tier 3 law firms?

    I think it is very important to intern under different law streams such as litigation, corporate, banking & finance, competition etc. to figure out where your interest lie. If you don’t like what you do, you will never be able to do it for long. I also feel, tier 2 and tier 3 law firms provide an overall experience as most of them do not have segregated practice areas and one would be able to gain a lot of experience in these fields. So one should definitely do a few internships in tier 2 and tier 3 law firms before moving on to tier 1.

    For students aspiring to specialize in private client practice or general corporate law, what advice would you offer to help them navigate the complexities of the legal profession and build a successful career in these niche areas?

    Nowadays most law firms conduct webinars, training sessions and interviews on important topics under general corporate and private client practice. Additionally, there are lots of articles and publications that are authored by partners and other associates from various law firms. There is a huge library of material in the digital space on every aspect of these practices. Every aspiring student should read and grasp this material as it really helps them to get an understanding of the practice and it also creates an edge for them in interviews and interactions with other legal professionals. Most lawyers also take guest lectures in law schools and once should try and interact with these professionals to understand their approach and seek guidance from them. These few aspects can really help any student in generating an interest in the profession. This should of course be coupled with sincerity and hard work as there are no shortcuts in any profession.

    Get in touch with Divi Dutta-

  • “To succeed in the legal industry, one must possess a strong foundation in legal principles as well as critical thinking abilities. To succeed as a lawyer, you must be proficient in legal writing and research skills.” – Sumes Dewan, Managing Partner at Lex Favios

    “To succeed in the legal industry, one must possess a strong foundation in legal principles as well as critical thinking abilities. To succeed as a lawyer, you must be proficient in legal writing and research skills.” – Sumes Dewan, Managing Partner at Lex Favios

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

    Reflecting on the early days of your career, could you share with us how you embarked on your journey in law and the challenges you faced when starting Lex Favios? What were some of the key lessons you learned during those formative years?

    I had a passion for Law from my early days and initially started as a Litigation lawyer, and after a few years in the profession found my calling in corporate law and eventually took up more specialised areas such as Mergers & Acquisitions, Corporate Finance and   Hospitality. I spent 18 years working with large Indian Law Firms and was a Partner with laws Firms such as Fox Mandal & Desai Diwanji, before I embarked on my journey to start Lex Favios. One of the biggest challenges was to retain clients, and find the right resources and lawyers to be part of a startup Law Firm. The initial one year was more challenging, as it took a lot of convincing to clients that we can provide quality legal services in diverse areas of practice. Further, another key challenge was hiring good lawyers with experience. However, we were able to retain talent and provide quality legal advice to the clients, by ensuring that each practice area has lawyers with sound legal knowledge of its respective field. The key lesson has been that a great Law Firm is built with great human resource and by ensuring that you provide legal advise only in areas in which the Firm has an expertise, as the clients today are looking for specialised legal advice.

    Being admitted as an Honorary Fellow of the Association of Fellows and Legal Scholars is a remarkable achievement. Could you share how this recognition came about, and how has it impacted your professional journey? Additionally, with numerous awards under your belt, how do you handle the balance between individual recognition and the collective success of Lex Favios?

    I always had a passion for legal writing, and I contributed  to the journals of  Honorary Fellow of the Association of Fellows and Legal Scholars and they published my Article in the Journal, which was a great achievement which lead them to admit me as an Honorary Fellow of the Association of Fellows and Legal Scholars. The said achievement was a great validation of the legal work being done by me and also led to being recognised by the clients. All the awards I have won or been honoured with has been a great affirmation of the work done by me in the legal field and in diverse areas of practice. Each award is a validation of the legal contribution to our clients and the faith that clients demonstrate. The individual recognition helps in pitching to new clients and for new work, as it demonstrates our expertise in diverse legal areas and part of “A” List of top 100 Indian lawyers, goes a long way in boosting client confidence with the quality legal advice the Firm can offer. 

    India has seen some notable legal developments recently. Are there any ongoing cases or legal trends that you find particularly intriguing or impactful for the legal community?

    Chief Justice DY Chandrachud established the group of companies’ doctrine as a valid and applicable theory in Indian arbitration law. For India-related dealings, the Cox and Kings ruling offers a comprehensive analysis of the Doctrine and its applicability in India. It is made explicit that signing an arbitration agreement does not automatically make one a “party” to the arbitration agreement. In situations when businesses are affiliated and engage in related transactions, this could be interpreted as agreeing to be bound by the arbitration agreement. Corporate groups should be careful to make sure the transaction is structured appropriately and that their conduct is in keeping with their aim when they want only the signatory firm to be bound by the arbitration agreement. They also need to be careful not to interfere unnecessarily with discussions or the fulfilment of contractual duties by another group company. The parties may also think about including explicit language in the contract to this effect.

    Given your focus on capital markets and corporate finance, how do you navigate the complexities of international transactions, and what advice do you often find yourself giving to clients in this regard? 

    The key strategy I follow is gaining a thorough understanding of the laws and rules governing the relevant jurisdictions. This involves being aware of recent changes to the financial rules, corporate governance guidelines, and securities legislation. 

    I have been instrumental in handling various cross border transactions, both on the M&A and capital markets wherein our role goes beyond advising on Indian Laws and we work in collaboration with counsels in other jurisdictions, to understand the regulations pertaining to acquisition of equity, listing of shares in other jurisdictions other than India and bringing them in sync with Indian Laws. Indian companies listing outside India or setting ups operations outside India, need to adhere to both Indian Laws and laws of the country where the investment is being made. It is important for a legal counsel to be aware of laws of both the countries and advise the client on the applicable regulations and compliances.  Unexpected difficulties during and after the transaction are reduced by having a thorough awareness of each entity’s financial situation, legal status, and reputation. Pre-transaction planning, negotiation tactics, and post-transaction integration plans are all included in this. 

    For aspiring lawyers entering the field today, the legal landscape is vast and evolving. What areas or emerging trends do you believe hold the most promise for young legal professionals, and why?

    The need for legal experts who comprehend data protection, cybersecurity, and the legal ramifications of cutting-edge technologies like blockchain and artificial intelligence is rising along with our increasing reliance on technology. Legal experts who focus on privacy and data protection may assist companies in navigating laws like General Data Protection Regulation (GDPR) and provide guidance on the best ways to handle sensitive data, as data privacy is becoming an increasingly important topic. Remote work and legal IT tools are being welcomed by the legal profession. In the changing legal landscape, lawyers who are skilled at using technology to provide effective legal services and facilitate remote cooperation will be in a strong position. The areas of practice such as cyber security, date protection, artificial intelligence and insolvency are the new emerging legal practice areas for young professionals in the field of law. 

    Given the dynamic nature of technology and its impact on various industries, how important do you think it is for law students to develop expertise in technology law? Are there specific skills or knowledge areas within this field that you would recommend they prioritize?

    Having a solid understanding of technology law is crucial for law students in the quickly changing legal world of today. Technology law interacts with many different businesses and legal fields, covering a broad spectrum of legal concerns pertaining to the use, advancement, and regulation of technology. Almost every business, including healthcare, banking, entertainment, and others, depends heavily on technology. In order to solve the particular issues posed by emerging technologies like blockchain, cybersecurity, and artificial intelligence, it is imperative to comprehend the legal ramifications of these innovations. It is also crucial to comprehend the legal ramifications of entrepreneurship and new company models as technology continues to spur innovation. Technology lawyers may help new and existing businesses navigate legal frameworks, protect their intellectual property, and make sure they are following industry-specific requirements. 

    Regarding specialized knowledge and abilities in the field of technology law, law students who are interested in this area should prioritize learning about cybersecurity and data protection laws and regulations, since these issues are becoming more common. Technology lawyers frequently handle matters pertaining to trade secrets, copyrights, patents, and trademarks. Understanding intellectual property law is crucial to safeguarding the inventions and developments of clients.  It is crucial to be knowledgeable about privacy laws and regulations in light of the growing concerns about privacy. This entails being aware of local privacy regulations as well as the General Data Protection Regulation (GDPR).

    Lex Favios has received recognition as the Best New Law Firm and in various other categories. What do you attribute this success to, and what goals do you have for the firm’s future?

    As a Law Firm, I understand that teamwork, creativity, and a common goal lead to success rather than individual accomplishments. I wish to express my gratitude to our team for their excellent teamwork in navigating the complexities of the legal field by playing to each other’s strengths. I attribute this success to my skilled and dedicated team. The Firm has a dedicated team of lawyers, for each Practice area and each team plays a vital role in making the Firm meets its goal. Their expertise and commitment contributed significantly to the Firm’s success. As the legal landscape constantly changes, flexibility is essential. What has made us unique is our dedication to remaining on the forefront of legal trends, fostering innovation, and making investments in professional growth. In addition to overcoming the difficulties, we have grown stronger, more resilient, and better suited to assist our clients in a world that is always evolving. 

    The Firm is a member of Legal Netlink Alliance, a member network of USA and Europe, which enables us to provide legal services across the globe.

    As for setting goals for the future, it includes the following expanding the firm’s legal knowledge to provide a wider range of services to clients, establishing new offices or broadening the firm’s clientele to include clients in other areas, bringing in new business and strengthening ties with current clients to grow the clientele of the company. 

    Beyond your professional achievements, we’re curious about your personal interests. What hobbies or activities do you find yourself drawn to when you’re not immersed in the legal world?

    Beyond my professional engagements, I love to spend some time on reading books, playing golf on the weekends, watching law related web series and spending time with my family and kids, which is a nice rejuvenation and charges me for the upcoming week. 

    For aspiring lawyers or students pursuing a legal career, what aspects of their college journey do you believe are most crucial for their professional development? Are there specific types of internships or experiences you recommend they focus on to better prepare for the challenges of the legal field? 

    I suppose the most crucial aspect of their college is networking. One should build a strong network within the legal community. The students should attend seminars and conferences to connect with lawyers, judges and other legal professionals. To succeed in the legal industry, one must possess a strong foundation in legal principles as well as critical thinking abilities. To succeed as a lawyer, you must be proficient in legal writing and research skills. Finally, they should be taught and practice ethical and professional decorum. Integrity and trustworthiness are essential in the legal field. I believe that they should explore several legal fields as well in order to have a comprehensive viewpoint. This will help them in making educated decisions regarding potential career pathways.

    Get in touch with Sumes Dewan-