Super Lawyer

Tag: Commercial Law

  • “The legal profession requires tireless dedication in the first five years, but it rewards you with identity and success that cannot be easily taken away,” – Nattasha Garg,  Independent Practitioner & Special Counsel for Enforcement Directorate

    “The legal profession requires tireless dedication in the first five years, but it rewards you with identity and success that cannot be easily taken away,” – Nattasha Garg,  Independent Practitioner & Special Counsel for Enforcement Directorate

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

    How did your journey into law begin? Please walk us through your journey from college to where you are. What were the challenges you faced along the way?  And what inspired you to specialize in disputes and commercial litigation? 

    I hail from a small town, Siliguri in West Bengal and from a business family. While exploring career options after 12th Board exams, I wanted to pursue a career in journalism, given my love for reading and writing. My father however wanted me to study law. He believed in my capability to become a lawyer and nudged me to join ILS Law College, Pune. As luck would have it, I got through the merit list at ILS Pune. 

    In my initial months in Pune, I was quite intimidated while interacting with students from big cities of India and abroad. In fact, almost 60% of my colleagues were from a background of lawyer/ judge families and civil servants. Albeit, right after the first semester results, I started finding my feet, confidence and good friends. 

    Throughout college, I aspired to join the fancy corporate law firms and practice corporate laws. In fact, I participated in most mooting events as a researcher and a compiler to hone my corporate drafting skills. I even joined Khaitan & Partners, Delhi in their Banking and Project Finance Team. I had not thought about becoming a litigator.

    Initial years of practice is all about being open to learning and working on different aspects and subjects of law. I was also open to learning. In fact, when joined as an associate in LakshmiKumaran & Sridharan, I was a common associate for three teams- Corporate and Regulatory Advisory as well as the Litigation Team. I took up every kind of assignment that three partners in the firm were working on. I dawdled between subjects like FEMA, Legal Metrology, Companies Act, SEBI and at the same time assisted the litigation team. Interestingly, my first two litigation assignments were what sparked my interest and love towards litigation. The first matter was an outstation matter before Gujarat Electricity Commission in Ahmedabad where we secured a landmark favourable order and the second one was a heavily contested banking finance litigation before the Delhi High Court. It was while working on the litigation side that I realised that this was where I belonged. 

    As an expert in commercial law, white-collar crimes, and insolvency laws, what trends do you foresee shaping the legal landscape in the coming years?

    In 2016, there was a major overhaul with the introduction of insolvency code, RERA and the commercial courts act and changes in the arbitration act. It was around this time that the ED- money laundering also started becoming active. It is very interesting how these amendments and legislations have completely changed the face and speed of deciding commercial disputes. These changes being relatively new, they have been developing and updating at an astronomical pace. 

    I believe earlier, there were mainly three choices of practice- Criminal, Civil and Corporate Law. Over time, commercial law practice has become a homogenous mix of all of the above, since these legislations include criminal prosecution of directors. Commercial laws, especially insolvency laws have blurred the gap between civil/ criminal since they also entail criminal prosecution and even trial for procedural defaults. For instance, corporates and their management are facing civil and criminal prosecution, money laundering and SFIO proceedings in respect of loan default cases, construction default cases and so on. The same companies are also undergoing insolvency.  The gap therefore has been bridged. 

    Courts are also more accessible to business houses as well as individuals since IBC allows individuals to approach the NCLT for every grievance over their claims, without any pecuniary threshold. Homebuyers for instance are more aware of their rights under law, they have become very powerful in exercising their remedies across forums and manipulating insolvency of big corporates. The High Courts and the Supreme Court have also aggressively promoted these changes, as a result, the Tribunals have become powerful. A lot of jurisprudence is being developed at the Tribunal level. 

    Your educational journey includes both LLB and Company Secretary qualifications. What inspired you to pursue Company Secretaryship alongside your legal career, and how do you believe it has enriched your practice as a lawyer?

    While in college, I aspired to become a corporate lawyer and engage with a fancy law firm. I therefore utilised my time after college to pursue Company Secretaries and certain diplomas in business and cyber laws. Any additional degree, especially something as in-depth as Company Secretaries, always adds up to the otherwise textbook knowledge that is gained in college education. In my case, the fundamentals regarding companies compliances, checklist compliances, basics like examining forms under legal provisions to understand the scope of the provision, really helped me gain better understanding of commercial laws. Eventually, it all added up since it helped me do a lot of FEMA, SEBI and Companies advisory work in the early years of my practice. Even now, while examining the role of companies in money laundering matters, I find it helpful to examine the statutory filings from the MCA and check the relevant forms with the registrar of companies. 

    Beyond your professional achievements, what are some personal interests or hobbies that you’re passionate about? What advice would you give to the current generation looking to pursue a career in law, especially in your specialized areas?

    I love reading books on history, fiction, fantasy and recently added genres- mythological fiction. Lately, I have developed a keen interest in reading the Bhagwad Gita by Devdutt Pattnaik.  I also take time to travel. 

    I believe that the habit of casual reading really helps in loving the profession as well. I always advise my younger colleagues to read newspapers. This one habit- not only helps a lawyer keep updated, but subconsciously keeps the curiosity and hunger that is needed in the profession, going. 

    As opposed to my earlier days, the new generation has it easier on account of law files and entire offices having become digitised, one does not have to carry huge files and journals around, they can read from the comfort of homes, be better prepared because of access to material online. Zoom meetings have made conferences more efficient and less time consuming. With things becoming easier and accessible, the current generation that I have come across, is taking more for granted. 

    I believe that our legal profession requires tireless first five years and intense hard work, long nights and discipline. I would advise freshers to join the profession with this in mind and thereafter, the legal profession rewards with identity and success that cannot be easily taken away. 

    Can you share a memorable moment from your career that reinforced your passion for advocating justice? 

    Recently, the Delhi High Court passed a landmark order, allowing my clients, a group of 250 retired members of the BSF Army, to get possession of their units in a Tower, on as-is-where-is basis from a Company undergoing winding up, instead of them waiting for the liquidator to take steps and then go through the entire payment mechanism under the Companies Act. In doing justice to these set of allottees, the Court exercised its extraordinary jurisdiction in a winding up matter, giving homes to 250 retired persons who had spent most of their life savings for their retirement houses. It has been one of the most fulfilling matters I have done, where not only professionally but personally I have been able to secure justice to ones who deserve.

    I started finding my profession immensely fulfilling when people around me- my domestic staff, their neighbours and my neighbours started reaching out to me for legal aid out of hearsay. I became aware of the power and social responsibility attached and it was deeply satisfying to be able to help them. I strongly believe in the wise words of Justice Ruth Bader Ginsburg- “If you want to be a true professional, do something outside yourself.”

    Your work often involves representing various entities before different courts and tribunals. What key differences do you find while representing different courts and tribunals, and could you share some nuances or insights you’ve gained from navigating these diverse legal arenas?

    Besides the Supreme Court and the High Court, Delhi also is the headquarters for various Tribunals and quasi-judicial bodies. Each of these Tribunals have their own systems in place, filing procedures, and hearings which are peculiar to such Courts.  

    As I have said earlier, a great deal of jurisprudence is being developed in Tribunals because the High Courts and Supreme Courts are rigorously promoting the development of law at this stage and have reduced their interference with orders passed by them. The Tribunals also are focussed on a special kind of law. The preparation for matters before Tribunals is vastly different and much more detailed from the higher courts owing to the uniqueness of process and procedure before each Tribunal.

    Watching the court proceedings, studying the precedents and views taken by the said Tribunal on a subject before approaching them and enquiring from counsels regularly appearing there does go a long way in addressing them better. Over time, it is good to specialise in a few Courts to sharpen the skills and presence in certain courts and Tribunals.  

    Transitioning to independent practice can be a significant milestone in a lawyer’s career. Could you share your experience of practicing independently and shed some light on the challenges one might encounter in this path, along with any key insights you’ve gained along the way?

    As a young lawyer not having any base or family in Delhi, I had never imagined I would get the chance of starting my independent practice and it looked too far-fetched and incredible. The day I took this decision, it was a mixture of uncertainty, turmoil, self- doubt yet some inner voice giving me strength. 

    The first year is often easier, because one has no great expectations with oneself, the struggle begins once you have surpassed your own low expectations- to maintain and to grow.

    Practising independently is a whole new challenge than working in Chambers and law firms. It is a totally uncharted territory whether it is basic day-to-day administration in running the office, or dealing with clients coupled with the uncertainty of a regular monthly income. The same work that one has been doing while working under someone, when done as an independent practitioner, seems like a lot more challenging as the accountability is much more. I have spent days initially, just wondering what fees to quote for a matter. 

    As an independent lawyer, the biggest handicap I face is engaging good juniors to join and retaining them. This is because graduates are always aspiring to join big firms with higher remuneration or some other reason. There is high attrition for that reason. I also believe that clients are much more demanding with independent lawyers in terms of deadlines and bargain hard on payments. 

    Having said this, two things I also credit to the legal fraternity- one that it always gives opportunities to ones who are willing to take on the task and second- I did not face any gender discrimination at least in getting opportunities. By and large, most of the people I have worked with have been extremely encouraging and never fail to put in a good word.

    Among the multitude of cases you’ve handled, could you share with us which one stands out as your personal favourite? One that presented significant challenges yet provided a rewarding experience in your career journey?

    The most memorable dispute which I hold close to my heart was a family dispute arbitration between Ajanta family. I was relatively young and had no experience of arbitration laws and procedure, much less briefing very strict and seasoned senior advocates like Mr. Dushyant Dave, Mr. Gopal Subramaniam and the likes. This matter was a heavily contested litigation, which led me to frequently travel, helped me learn drafting, filing, carrying out a cross examination, handling contempt matters and conducting overall arbitration. The seniors were very patient and kind to me and even the Ld. Arbitrator, Late Justice RC Lahoti appreciated my work and efforts in the Award. 

    Given your extensive experience, what qualities do you look for when hiring interns to join your practice, and how do you nurture their growth and development during their time with you?

    I look for two main things in new joinees- one is their curiosity and passion to learn and explore the legal subject. The second is the effort they are willing to take to quench their curiosity. 

    I have learnt that the legal profession is not just for nerds, it is also for the street-smart. Although I belonged to the former category, I greatly admire smart workers as long as they can get the job done. 

    I always advise my younger colleagues to work with passion, but also have a hobby outside of the office. I also encourage them to have a social network of lawyers, it allows exchange of legal anecdotes, assistance and exchange of information which overall helps in development as a good well informed lawyer. 

    Get in touch with Nattasha Garg-

  • “Pro bono cases are like repaying the unseen debt from society. It’s our obligation to give back.” – Prabhu Prasanna Behera, Central Government Counsel & Founder at Office of Prabhu Prasanna Behra and Associates

    “Pro bono cases are like repaying the unseen debt from society. It’s our obligation to give back.” – Prabhu Prasanna Behera, Central Government Counsel & Founder at Office of Prabhu Prasanna Behra and Associates

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

    As a first-generation lawyer, what motivated you to choose law as your career path? Were there any particular mentors or figures who played a significant role in guiding and supporting you on your journey to success?  

    When I was in School, particularly in Std. VI, we were taught about three pillars of Democracy. Thus from there I had an idea that when someone has the Law degree, then only he can touch all the three pillars like, Executive, Judiciary and Legislative. 

    Secondly I had an opportunity to interact with Hon’ble Justice Rangnath Mishra, The Former Chief Justice of India and Member of Rajya-Sabha. He  had visited our School namely Sri. Aurobindo School of New Thought, at Cuttack as the Chief Guest. That time he was the Member of Rajya Sabha. I had the honour of receiving the Best Student of the School award from him and hence could share a few minutes with him in the office of the Principal. Seeing his profile I felt that I would definitely study Law.

    Then when I completed my +2 Science, I joined 5-years B.A. LL.B (H) Course in Madhusudan Law College (Now Madhusudan Law University) as I used to read about said Institution in News Paper. Of course I was / am also impacted with the Life of the Great Hero of Odisha Late Madhu Sudan Das, popularly known as Utkal Gaurav Madhu barrister. 

    To answer the second part of the question,  I humbly believe that I am yet to achieve Success. It is because, I think Success is the journey and not the destination. Every day I feel that a lot to be done and people who we idolise also have the same hour of work maximum up to 24 hours a day but they are doing so much. So I always wonder about learning and I humbly think that continuous learning is the only option we have. 

    It is also a fact that many seniors and teachers have contributed to my professional career to have been shaped. I am always obliged for their contribution. 

    Considering your extensive experience and successful practice in various courts, did you ever contemplate joining a law firm, or was independent practice always your preferred path? If so, what factors influenced your decision to pursue an independent practice from the outset of your career?  

    Honestly I have never thought of joining a Law Firm or for that matter having my practice in such a design. There is no specific reason as such. 

    Maybe in the state of Odisha there is no such environment or such style of practice. We may not find many Law Firms in Odisha. 

    If I think a little more I would like to state that, I had the humble opportunity to have been engaged by a few Law Firms in some cases in Odisha. Then I had developed a good rapport with the firms so probably could not think of joining a firm for my practice. 

    To the second part of the question, My Senior Mr. Aswini Kumar Mishra was always stating that the day you join the bar, you should always feel like an independent practitioner and develop yourself like that. That gives you a sense of responsibility and you become more and more responsible. Thus I have always been inclined towards Independent Practice. 

    My idea of Independent Practice is not just having an Independent Office, Independent practice starts from the point when start doing a case or dealing with a client independently winning his confidence till the end of the litigation. That can also be done when you are working with a senior.

    You have authored and published a law book and are working on several other compilations. What drives you to write, and how do you think your publications contribute to the legal field?  

    I humbly believe that the Law Students, Lawyers and each one of us are like a ship in the ocean of  Legal profession. In order to reach the destination or the port, the ship requires a strong radar. The more effective the radar, it will be easier to reach at the destination.

    Therefore writing articles, research papers, books, compilations are like a radar for the individual professional or student. You stand out and make a different identity for yourself in the fraternity. 

    Secondly it is also helpful for legal research and helping people learn the Law. 

    For example many judges are known and remembered for their books may not be for the judgements. Many exceptional lawyers who are stalwarts in Law are remembered for their erudite books not just for the arguments advanced in the courtRoom. 

    Lastly, writing and researching keeps growing and we never feel complacent.  

    More than eight of your juniors are now in independent practice. What do you think are the key qualities or skills that you have imparted to them that have contributed to their success?  

    स तु दीर्घकालनैरन्तर्यसत्कारासेवितो   दृढभूमि :

    sa tu dīrgha kāla nairantarya satkārā ‘‘sevito dṛḍhabhūmiḥ

    This is the famous sutra from Paranjalai Yoga Sutra which defines “PRACTICE”. 

    It says 

    “ sa tu dīrgha kāla” Which means For a Longer Period

     “Nairantarya” which means Without any break/interruption 

    “satkārā ‘‘sevito” which means With Honour and Respect.

    Further Honour and respect means – Giving 100% in what you do at a given point of time. 

    That is Practice. 

    What we all try to do is to continuously be in the learning process, without any break and with honour and respect. 

    On the other hand I always tell my associates that People come to Lawyers and Doctors when they are in trouble.

    So we need to be careful and empathetic towards their problems. For some persons, Magistrate’s Court or The District Courts are the last hope. They do not know the High Court or Supreme Court. They cannot afford to reach also.(Although we have Legal Aid)

    So we need to be extra cautious in our professional work and try to be honest and deliver the service .

    Lastly My associates are trained with a particular line which is “We will not say what sounds good, we will tell what is Good and more particularly what is good for the Client and his case”. 

    This helps us in winning the confidence of clients. They remain with us for all time to come. 

    One more thing we always try to do is SWOT analysis. i.e. Strength, Weakness, Opportunities  and Threats. (I believe there is no Threats.It can be replaced with “Challenges”). 

    You conduct “Pro Bono” cases. Can you discuss the importance of pro bono work in the legal profession and share any memorable experiences from your pro bono cases?  

    Pro bono cases are like repaying the unseen debt that we have received from the society. When we were studying Law or any other course in school or colleges, the amount of financials/money involved and spent by the institutions are much higher than that of the fees we paid to the said institution. Therefore the extra amount which the institution has spent for us is taken from the society. Hence when we start earning from the formal education received from that educational institution it becomes our obligation to put our efforts to repay the debt that we have received from the society by doing some good work. And pro bono cases can be one of these small steps towards the repayment of unseen debt.

    On the other hand receiving remuneration from the cases is like “LAXMI”. When people receive money by false promise and illegal manner that is like “AA-LAXMI”. When professional help the needy people honestly and receive blessings as may be little amount that is like “MAHA-LAXMI”

    LAXMI- Comes and Goes, it’s the Most Dynamic.

    AA-LAXMI- Come in abundance and definitely will go making everything Empty or will Attract negativity. 

    MAHA-LAXMI- may come slowly but will always remain with you and it  will grow not just in terms of Money and objects but also in terms of good will as well as blessings. 

    Reflecting on your legal career, what have been some of the biggest challenges you’ve faced, and how have you overcome them? Additionally, could you share your future goals and aspirations for your legal practice and your contributions to the legal community?  

    The biggest challenge has been the resources such as the library and recognition in the bar as a good lawyer. When you argue well then automatically people assume that you must be the second generation lawyer and the son/daughter of some senior advocate or judge. Secondly, when you compare your counterparts, your friends from school and colleges who are working in other sectors and also in law forms, the remuneration that they receive is much higher than what you get in litigation. In a middle class family that too when you have nobody in the profession there is a constant pressure for joining services like judiciary, law clerk or teaching. Of course teaching was my second preference and I have been teaching till date also. But primarily I would say there has been no such big challenge but the challenges are the opportunities to learn to make yourself a better person and a better professional. 

    As far as overcoming the challenges are concerned the only thing which I strongly believe that helps is continuous learning, dedicated work, ignoring the negative thoughts and ideas as well as negative factors of course by recognising it properly.

    It is said “Jag Mein jiye to kaise jiye… jaise JAL Mein Kamal ka phool khile”

    It means like a Lotus that blooms in water, but its roots are in mud. When you take it out, it is unaffected by the water or by the mud.

    Thus I strongly feel that we should not be affected by the difficult times and negativity. Rather we should be focusing on the work.

    We’ve heard that your office warmly welcomes students for learning opportunities. Could you tell us more about your internship program? How can students connect with you for internships, and what specific skills or qualities do you look for when considering interns for opportunities in your office?  

    As I said in the above question, internship programs are like fixing your ladder and finding out the place where you can think of a career in your future. Students should be open in learning from various organisations not just the legal aspect but also the functional and organizational structure of the institutions where they are Interning.

    I remember when I was in law College, at that time we noticed that there were neither internships programmes nor any organization used to allow law students to join as an intern in their organization.

    I along with one of my friends had to work hard and by requesting the then chairperson of Human Rights Commission, Women Commission, and other organizations like NABARD, companies like NALCO, we introduced internships program in their work schedule.

    Now we see that the students are highly benefited with such internships programs in those organizations. 

    In so far as working as an intern in our office is concerned the only criteria that we look for is the interest of the student. If somebody is interested and has an honest urge to learn, we would love to make him or her a part of our office.

    One thing I always tell that once somebody is interning with us, we make sure that he or she becomes a part of our family and we would always stand for the student and the student should feel that he himself  is a part of the team so that he would never feel that he has nobody to guide or no scope to learn or he has just worked for a month or two only for a certificate.  

    Managing a diverse legal practice, teaching, and engaging in spiritual activities must be demanding. How do you maintain a balance between your professional and personal life?  

    As I have mentioned above that everyone has 24 hours, accordingly we need to schedule and balance our work. Legal practice is the profession, teaching is the passion and spiritual activity is a way of life which does not require a specific time; rather it is an inherent, unseen as well as coexisting factor which remains always with you in whatever and whichever position you are. I believe everyone is connected to spirituality somewhere or the other. Therefore for spiritual practice no specific time is required or you need not think that it is going to take a lot of time from the day to day activities.

    You’ve mentioned your interest in researching Indian Knowledge Systems. Could you share with us how you integrate insights from Indian Knowledge Systems into your legal practice, and how does this unique perspective enhance your approach to legal issues?  

    I have participated in a course conducted by Sri Sri University, Cuttack, designed by Prof. Dr. Richa Chopra, working in IIT Kharagpur, namely “Human Development and Psychology Vedic and Modern Perspective”. The said course is like a bouquet of knowledge and helps in introspecting and knowing the impact and impressions on human life of various factors such as art, science, music, astrology, mathematics, chemistry, ayurveda, embryology, social life, family life etc. The course helps in knowing “why I am the way I am”. From there I could gather that there is a lot to be learnt beyond the parameters of the syllabus.

    Further reading of various texts and more particularly after introduction of National Education Policy, I believe that every subject which we study in the institution as a part of the syllabus is connected to the Indian knowledge system and has its source from the Indian knowledge system. 

    If we study that and try to connect with the same, then it might not be so helpful in academics but it will definitely enlarge the ideas thoughts as well as define the views on that particular subject.

    Directly a professional may not get some tangible benefits from the study of the Indian knowledge system but I believe that in a long run it would be definitely beneficial. 

    Get in touch with Prabhu Prasanna Behera-

  • “As you evolve as an in-house legal counsel and chart your way towards the GC roles, it is important to pick up the best from your previous experience and apply it at your current workplace to amplify the learnings”- Abhijit Yadav, Legal Director, IndiaColgate-Palmolive (India) Ltd ·

    “As you evolve as an in-house legal counsel and chart your way towards the GC roles, it is important to pick up the best from your previous experience and apply it at your current workplace to amplify the learnings”- Abhijit Yadav, Legal Director, IndiaColgate-Palmolive (India) Ltd ·

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

    Can you share with us the pivotal moments or experiences that led you to pursue a career in law, particularly in the FMCG and Pharma industries?

    • I grew up in a small town in Ratnagiri district in the Konkan area known as ‘Chiplun’. Despite my father being a practicing advocate I never wanted to be a lawyer in the first place; in fact I had taken a vow that I will be anything but a lawyer. One of the reasons for my aversion to pursue law was his unavailability for us due to his active law practice and socio political activities. He is revered and respected for the kind of work he has done for the poor litigants and for uplifting the life of people at our ancestral village. However  during my childhood days I did not have full understanding and always ran away from the thought of following his footsteps. 
    • During school days I always used to be part of the class which used to be known as ‘good’ or having kids which are generally above ordinary. However there was nothing spectacularly great about myself. This continued till class 12 wherein I followed the herd mentality and did what was considered as ‘good’ and ‘intelligent’ but not necessarily ‘my calling’.
    • The pivotal moment came after my 12th Standard exams (which I pursued from science stream with both biology and mathematics as preferred subjects to do what was popularly known as keeping doors open for both medical and engineering courses). After my 12th exams I happened to read an extremely good article which emphasized building on your core strengths rather than weaknesses. The article mentioned about Sachin Tendalukar; how not everyone can be like him but at the same time how we can be ‘Sachin Tendulkar’ of our own field. Suddenly things became clear to me and forced myself to do honest introspection. I accepted the reality that I was not cut out for science stream and in fact had leanings towards language based subjects which I either did not realize or accept as a reality since it was not a very popular choice in the circle I used to feel I was part of. 
    • I decided to pursue law and applied for a five year LLB course at the only law school I had visited till that time during one of my previous summer vacations in Mumbai…the legendary Govt Law College, Mumbai in the year 2002.
    • Life changed 360 degrees after getting into law school. I loved my subjects and they loved me back..this had never happened during my science stream subjects. This further opened up my thought process and I naturally ended up putting more effort not only in my studies but also in extra curricular activities such as Moot courts. I was part of the Moot Court committee as well and participated actively in organizing National & International Moot Court Competitions. 
    • Transition from Chiplun to Mumbai was not easy in the initial days but I was fortunate to have formed some really good friendships which helped me settle down in Mumbai comfortably. After more than 2 decades those friendships have only grown over a period of time like an old wine.
    • Another pivotal event happened in the year 2007 during the campus interview rounds in our college. That year luckily we had companies like HUL and Marico participate in the placement rounds. To try my luck I participated in the placement rounds and was shortlisted for interviews by both these companies. I was selected by Marico and I happened to be the only one from that year’s batch to have been picked up by Marico. That was a very surreal moment in my life and I still remember the reactions from my family and friends who were really happy for me. That’s how my career in the FMCG industry started. 
    • Just like the way I was fortunate to get into pursuing law; I believe I was blessed to have started my in-house legal career with Marico. I learnt some of the best lessons needed to be learnt by a fresher regarding the profession and business both. After spending almost 4 years with Marico; I moved on to join L’Oreal as I was keen to have work exposure in a global MNC at that time.
    • With almost 10 years in the FMCG industry having dealt with Food and Cosmetics in detail, I was keen to explore and broaden my horizons. At the same time I did not want to explore a completely different sector from the perspective of  building my long term credentials in the Industry and hence when Sanofi approached I took up the opportunity as Pharma always appealed to me due to the complexities that a legal professional gets to handle. 

    With over 16 years of experience, you’ve navigated through various legal landscapes within the Indian Sub-continent. How do you approach the unique challenges presented by each industry you’ve worked in?

    • The legal landscape in each of the industries I have been associated with has been varied and full of its own unique challenges but doing the right thing at the right time with the right amount of effort has worked for me throughout my career so far. Not just the legal landscape but the working cultures have been different in each of the companies I had the opportunity of working… Indian, European and now US. 
    • All of us have a unique way of doing things but when we are working in a culturally and ethnically diverse organization, quick adaptability is important along with emphasis on putting organization interest at the forefront always. 

    Throughout your career, you’ve held significant roles in notable companies such as Colgate-Palmolive, Sanofi, L’Oreal, and Marico. How have these diverse experiences shaped your perspective on legal counsel within the corporate environment?

    • I consider myself fortunate to have started my career with Marico and not just that but with a legal team that was led by Mr Amit Rai (Director Legal- Bennett Coleman & Co- Times of India Group). Amit set the tone for my journey as an in-house legal counsel who works closely with business to understand its pulse and in fact works like a business lawyer. 
    • As you evolve as an in-house legal counsel and chart your way towards the GC roles, it is important to pick up the best from your previous experience and apply it at your current workplace to amplify the learnings. 
    • Luckily in all my stints so far I always got the opportunity to work on the most difficult transactions and situations which have helped me sharpen the saw with each set of experience I have had.   

    Given your extensive involvement in contract drafting, negotiations, and litigation management, could you share some strategies or best practices you’ve developed to ensure effective legal support for business operations?

    • Attention to detail is non negotiable for a lawyer. As an in-house counsel and especially in the FMCG space there are always too many things happening one at the same time. This is a very potent ground for missing the key details and hence mastering the artwork of prioritization and stakeholder expectation management is essential.
    • Building your own network of reliable lawyers and firms is extremely critical in high stake matters and situations.
    • There are a lot of things that we do not learn in law schools, drafting and negotiation skills are one of them which are extremely critical for good in-house legal counsel. There is a reason why our profession is termed as ‘practice’ for independent professionals and personally I do not consider myself any different when it comes to possessing these skill sets. We have to keep practicing and learning to ‘sharpen our saw’.    

    As someone who believes in working with an entrepreneurial mindset, how do you balance legal compliance with fostering innovation and growth within your respective organizations?

    • Focus on ‘doing the right thing’ for the organization and ‘zero tolerance for non-compliance’ helps you set the boundaries. Once you know your boundaries, understanding the opportunities to stretch your boundaries becomes much easier. 

    You’ve been instrumental in various initiatives such as setting up joint venturentities, launching new products, and resolving long-standing legal disputes. Can you walk us through a particularly challenging project or situation you’ve faced and how you approached it?

    • As an in-house legal counsel in the FMCG and Pharma industry you are always dealing with some or the other crisis. However I would like to share one of the experiences which really helped me shape my thought process very early during my career.
    • During my Marico days I was responsible for Food Adulteration Act (Now known as Food Safety Act)  Cases in the West And South region of India. There were multiple litigations and we needed concentrated efforts to close them. As a young lawyer I traveled to remote corners of Andhra Pradesh and Orissa (at times traveling through Naxal infested areas without even knowing about it). I learnt that at some of these places local lawyers were actually struggling or avoiding final hearings due to the sensitive nature of the PFA matters. We helped these lawyers with updated case laws and argument notes. As a result we were able to close at least 5 litigations in a year’s time. 
    • This experience taught me very early in my career about the value add we can bring as an in-house legal counsel in the litigation matters and since then I have always adopted this approach to work with my local lawyers across the country. 

    Throughout your career, you’ve received several recognitions and awards for your contributions, including the Chairman’s You Can Make a Difference Award and being recognized as a Game Changer. How do you stay motivated and continue to excel in your role despite the inevitable obstacles and setbacks?

    • I love what I do and hence the quantity of work load does not really bog me down. This is very interesting because at one point of time I seriously hated the thought of being a lawyer. My take away from this is that whatever happens in life happens for good and this attitude helps me keep a positive framework of mind and work better especially during challenging situations. I work with the principle of ‘deliver to delight’ which I learnt in Marico. My focus is to give my best in any given situation and my organizations have been kind enough to recognize my efforts. Last year I received 40 Under 40 by Legal Era and the award was picked up by my wife as I was traveling for work. My family is my biggest cheerleader and the one which keeps me grounded as well. My father is most difficult to please and has set very high standards for professional excellence.     

    Lastly, with your wealth of experience, what advice would you offer to law graduates aspiring to follow in your footsteps, particularly those interested in pursuing careers in corporate law within the FMCG and Pharma industries?

    • First and foremost; enjoy the 5 or 3 years of your law course..they are never going to come back again in your life.
    • Spend time on understanding your subjects; if the foundation is good the building can get taller and taller.
    • It’s better to spend time in the library than doing an internship for the sake of it.
    • People know where you stand on the subject matter expertise in the first 2-3 mins of your conversation. Spend time on building your expertise and your communication skills. That’s your bread and butter for life as a lawyer.
    • Lastly, I would like to share that we are all unique in our own ways. We should strive to find that unique quality and build on our strength rather than weakness.  

    Get in touch with Abhijit Yadav-

  • “A lawyer must be open-minded and adaptable enough to quickly adjust to different circumstances, for a successful legal practice”- Dushyantha Perera, Partner, Sudath Perera Associates

    “A lawyer must be open-minded and adaptable enough to quickly adjust to different circumstances, for a successful legal practice”- Dushyantha Perera, Partner, Sudath Perera Associates

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

    Can you share with us the journey that led you to specialize in Corporate and Commercial law, particularly in the non-contentious aspect?

    I am a second-generation lawyer, so attending law school, especially coming from a South Asian background, was almost a ‘fait accompli’. However, during law school, I discovered a keen interest in contract and commercial law modules. I found myself drawn to these modules much more than those dealing with subjects such as criminal or constitutional law, and I also realized that I had a natural aptitude for them. This interest led me to pursue internships that would allow me to delve deeper into related fields. My first internship was with the legal department of Unilever Sri Lanka, followed by another at a corporate law firm in Sri Lanka (where I got to directly work on M&A transactions and corporate restructurings). From then on, I never looked back.

    What inspired you to pursue your master’s degree in International Trade Law after your undergraduate studies?

    Pursuing a master’s degree was largely circumstantial. I had just returned to Sri Lanka after completing my LLB and was getting ready to sit for my attorney’s exams. I had also started working with a law firm as a legal assistant, which was a full-time commitment. The master’s degree in question was being administered by the Advanced Legal Studies Unit of the Sri Lanka Law College and was a part-time course specifically targeting working lawyers. Incidentally, it was a first of its kind at the time, although external LLM degrees from UK universities are now offered by various institutions in Sri Lanka. So, when I saw the advertisement, given the specialisation, the timing of classes (Saturdays and one evening a week) and the lecture panel (which consisted of some of the most eminent subject matter experts in the country, including two current Supreme Court judges – Justice Janak de Silva and Justice Arjuna Obeysekera), I was very keen to apply. 

    I would generally advise any young lawyer or aspiring lawyer to get some real-world experience before pursuing a master’s degree or doctorate, unless you’re inclined towards an academic career or very passionate about the topic of study. It shouldn’t simply become an exercise in enhancing your resume.  

    With your experience spanning across different regions and legal systems, particularly Singapore and Sri Lanka, what are some of the key differences you’ve observed in handling cross-border M&A transactions?

    I’ve only practiced in Singapore and Sri Lanka, but both have involved a lot of cross-border work. In the last 6 months alone, I’ve handled acquisitions, corporate restructurings and VC transactions in the US, Kenya, India and Singapore. In my current role I’m predominantly a domestic lawyer in Sri Lanka, focusing on transactional and legal advisory work within the country, but I have some clients from my stint in Singapore keeping me occupied on offshore transactions. My firm also specialises in helping Sri Lankan companies expand internationally. Each jurisdiction is different; sometimes their legal systems are easier to reconcile and understand because of a common history. For example, Sri Lanka and India share a lot of similar laws and administrative practices due to both having been British colonies, and sometimes they can be very different (such as in civil law countries, as I experienced on a power sector investment in Germany a few years back). M&A or projects/project financing work in Singapore, as compared to Sri Lanka for instance, generally involves more sophisticated and voluminous documentation but comparatively less administrative or practical hurdles; this can perhaps be attributed to the maturity and size of the Singaporean economy. 

    A lawyer must be open-minded and adaptable enough to quickly adjust to different circumstances, for a successful legal practice. I think this is true regardless of practice specialisation, and it is a perspective and approach that my firm endeavours to instill in all our new trainees.  

    As a former Executive Committee member of the Sri Lanka Singapore Business Council and Vice-President of the Inter-Pacific Bar Association, how have your involvement in these organizations influenced your approach to legal practice?

    It has reaffirmed my belief in the value and power of networking. The IPBA in particular (as well as the International Bar Association – IBA) is a fantastic place for any lawyer to make connections, learn of developments globally as well as in other jurisdictions and engage in knowledge-sharing. 

    Could you walk us through a particularly complex transaction or project you worked on, highlighting the challenges faced and how you navigated through them?

    That’s a fairly difficult question to answer, as almost all large transactions and projects I’ve handled have come with some form of complexity. 

    One transaction does however stand out, just because of the timing and the circumstances. In mid-December 2021, I was engaged by an international law firm to assist in the sale of the majority shareholding in two Sri Lankan listed companies for a foreign headquartered MNC client. Whilst that would ordinarily be a challenging transaction in itself, this one had to be negotiated and completed during the Christmas break, when most offices in Sri Lanka were closed and I was on a wildlife safari with my family in Chitwan, Nepal! I remember navigating four different time-zones, negotiating documents from the back seat of a safari jeep and roaming around the camp at 4am for some internet connectivity to send out emails. Thankfully I almost never travel without my laptop and a roaming data connection. I also had fantastic support from the transaction intermediaries, including the Colombo Stock Exchange, the brokers, bankers and another Sri Lankan law firm which was acting as a share trustee. They went above and beyond, working through Christmas eve and Christmas day to ensure that we completed the transaction on time. 

    I think it’s important for lawyers to build and maintain close business relationships, particularly with regulators and other professional service providers in the market – you may never know when you need to ask for a favour. I think it’s also important, if you’re an M&A lawyer, to be prepared for a transaction to kick off at any time. Admittedly, this might mean less of a ‘work-life balance’ and more of a ‘work-life blend’. 

    In your opinion, what are some emerging trends or developments in corporate law, especially in the context of evolving regulatory frameworks and global economic shifts?

    From a Sri Lankan viewpoint, I can say that we are seeing a lot more economic activity with India. Between 2013 and 2018, China was arguably the largest source of FDI into the country, particularly towards various infrastructure projects under the Belt-Road Initiative. From 2019 onwards, and particularly post Covid-19, India appears to have taken the overall lead in trade & investment relations with Sri Lanka. This is perhaps a result of PM Modi’s ‘Neighbourhood First’ policy, and consistent with a growing international perception that there is an emergent India – one that is utilising its clout and reach, and leveraging on its potential, as the world’s fifth largest economy. India also appears to be an economic beneficiary of worsening US-China relations, with US and European companies seeking to de-risk and diversify their supply chains. 

    Given the cultural and geographical links, as well as the substantial similarities in legal and administrative frameworks, I’ve long been an advocate for greater economic integration between India and Sri Lanka; it is, now more than ever, ‘low hanging fruit’ towards reaching our own development objectives in a mutually beneficial manner. 

    Finally, considering your wealth of experience, what advice would you offer to law graduates aspiring to specialize in corporate and commercial law, especially in today’s dynamic legal landscape?

    I would say go for it. There are so many emerging practice areas to explore now, within the broader framework of non-contentious corporate and commercial law work, from data privacy to the developments in blockchain technology, cryptocurrency and the use and application of AI. The best way is to get insights and hands-on experience through internships and work placements etc. 

    Get in touch with Dushyantha Perera-

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    Get in touch with Nayantara Devaya-

  • “By combining meticulous preparation and a strategic approach to litigation, we can effectively represent our clients’ interests and achieve favorable outcomes in high-value litigation cases.” – Sunav Rastogi, Advocate-on-Record at the Supreme Court of India.

    “By combining meticulous preparation and a strategic approach to litigation, we can effectively represent our clients’ interests and achieve favorable outcomes in high-value litigation cases.” – Sunav Rastogi, Advocate-on-Record at the Supreme Court of India.

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

    Could you please introduce yourself to our readers and share your journey from growing up in a family of lawyers to becoming an Advocate-On-Record at the Supreme Court of India? Additionally, given your family background, did you ever contemplate pursuing a career outside the legal profession, or was the path of becoming a lawyer a natural and predetermined choice for you?

    My name is Sunav Rastogi, and I am an Advocate-On-Record at the Supreme Court of India. Presently, I am a practising Advocate based in New Delhi. My journey into the legal profession was deeply influenced by my family background, as I grew up in a family of Advocates. From a young age, I was surrounded by legal discussions and immersed in the world of law.

    As the allure of the law was so strong, I, at an early age, have decided to follow in the footsteps of my family members. My academic pursuits led me to pursue a Master of Laws (LLM) degree from Nottingham University, which further solidified my passion for the legal profession. 

    After completing my education, I embarked on my journey as an Advocate, starting from the District Court and gradually progressing to the High Court and eventually becoming an Advocate-On-Record at the Supreme Court of India. It has been a challenging yet rewarding journey, filled with opportunities to advocate for justice and uphold the rule of law.

    Overall, while the path of becoming an Advocate may have been somewhat predetermined by my family background, it was ultimately my passion for justice and legal advocacy that drove me to pursue this career with dedication and determination.

    You have extensive experience in handling high-value litigation cases. Could you elaborate on a specific strategy or approach you’ve used that yielded particularly favorable outcomes for your clients in litigation? What difference can we see in banking cases compared to other cases?

    In handling high-value litigation cases, a key strategy that has often yielded favorable outcomes for my clients is thorough preparation combined with a deep understanding of laws and regulations.

    This means early case assessment and strategic planning. This involves conducting a comprehensive analysis of the facts, legal issues, and potential risks associated with the case at the outset. By understanding the strengths and weaknesses of the case at an early stage, we can develop a tailored strategy to maximize our chances of success.

    Additionally, in banking litigation, it’s crucial to leverage specialized knowledge of banking laws and regulations. Banks operate within a highly regulated environment and legal disputes involving banks often entail complex financial transactions, regulatory compliance issues, and intricate contractual arrangements. Therefore, having a deep understanding of banking laws and regulations allows one to navigate the complexities effectively and present a compelling case on behalf of the clients.

    Furthermore, in banking cases, the stakes are often higher compared to other types of litigation. Financial institutions deal with substantial assets and liabilities, and the outcome of a legal dispute can have significant implications for their business operations, reputation, and financial standing. As a result, there is often a greater emphasis on resolving disputes efficiently and minimizing potential financial losses.

    To conclude I say by combining meticulous preparation and a strategic approach to litigation, we can effectively represent our clients’ interests and achieve favourable outcomes in high-value litigation cases.

    Your educational journey took you from Bangalore to Nottingham, shaping your understanding of both Indian and international legal systems. How has this dual perspective influenced your approach to legal practice, especially in cases with cross-border implications?

    My educational journey from Bangalore to Nottingham has indeed provided me with a unique perspective on both the Indian and international legal systems. This dual perspective has significantly influenced my approach to legal practice, particularly in cases with cross-border implications.

    Firstly, studying in both India and the UK has equipped me with a comprehensive understanding of different legal frameworks, procedures, and jurisprudence. This broad perspective allows me to draw upon diverse legal principles and methodologies when addressing complex legal issues, including those with cross-border elements. By leveraging insights from both the Indian and International legal systems, I can develop innovative strategies tailored to the specific needs of each case.

    Moreover, my educational background has instilled in me a deep appreciation for the importance of cultural sensitivity and global legal competence. It has also honed my skills in cross cultural communication and collaboration.  In cases with cross-border implications, cultural nuances and differences in legal traditions can play a significant role and my learning thus far has proven invaluable in legal practice, particularly in cases involving multinational clients, cross-border transactions, or disputes spanning multiple jurisdictions. By fostering open communication and understanding between parties from different cultural and legal backgrounds, I can facilitate smoother negotiations and achieve more favorable outcomes for my clients.

    As a seasoned professional, you’ve likely encountered situations where the law may not provide a clear solution. How do you approach such scenarios, and what guiding principles do you rely on to navigate legal gray areas effectively?

    Encountering situations where the law may not offer a clear-cut solution is indeed a common challenge in legal practice. In such scenarios, I rely on several guiding principles to navigate legal gray areas effectively:

    Firstly, thorough research and analysis are paramount. When faced with ambiguity in the law, I invest time and effort into researching relevant statutes, case law, legal commentary, and precedents. By conducting comprehensive research, I strive to identify any applicable legal principles or analogies that may shed light on the issue at hand.

    Secondly, consultation and collaboration with colleagues and legal experts can be invaluable. Consulting with colleagues and experts provides diverse perspectives and alternative strategies.

    Additionally, ethical integrity is paramount. In navigating legal gray areas, I remain committed to acting in the best interests of my clients while also ensuring compliance with ethical standards and legal obligations. Upholding the principles of fairness, justice, and honesty is essential in maintaining the integrity of the legal profession and fostering trust with clients.

    In order to sum up, I approach legal gray areas with diligence, collaboration, ethical integrity, and strategic foresight, upholding the highest standards of legal professionalism and advocacy.

    Your work involves representing clients in diverse legal forums, from District & Sessions Courts to the National Company Law Tribunal. How do you adapt your advocacy style to suit the nuances of each forum while maintaining consistency in legal arguments?

    Adapting advocacy style to suit the nuances of diverse legal forums, from District & Sessions Courts to the National Company Law Tribunal (NCLT), requires a keen understanding of the unique procedural rules, judicial dynamics, and audience expectations in each forum. While maintaining consistency in legal arguments across different forums is essential, it is equally crucial to tailor the delivery and presentation of those arguments to resonate effectively within each specific context.

    To achieve this balance, I employ several strategies such as:

    Comprehensive Understanding: Thorough understanding of the procedural rules, judicial preferences, and prevailing practices of each forum. This enables me to anticipate procedural requirements and adapt my advocacy style accordingly.

    Strategic Emphasis: While maintaining consistency in legal arguments, I strategically emphasize aspects of the case that are particularly relevant or compelling within the specific forum. This involves highlighting jurisdictional issues, procedural matters, or legal precedents that resonate strongly with the Tribunal or Court.

    Flexibility and Agility: Legal advocacy often requires flexibility and adaptability in response to unforeseen developments or judicial inquiries. Being prepared to adjust arguments in real-time while staying true to core legal principles.

    Professionalism and Respect: Regardless of the forum, I uphold professionalism and respect for the judiciary, opposing counsel, and all parties involved. This includes adhering to courtroom decorum, presenting arguments cogently and respectfully, and engaging in constructive dialogue with the court or tribunal.

    By integrating these strategies into my advocacy approach, I can effectively navigate the nuances of diverse legal forums while maintaining consistency in legal arguments. This adaptive approach maximizes the persuasive impact of my advocacy and enhances the likelihood of achieving favorable outcomes for my clients across various legal proceedings.

    As someone deeply entrenched in the legal profession, what advice would you give to aspiring lawyers looking to carve out a successful career in today’s competitive legal landscape?

    Aspiring lawyers face a competitive legal landscape today. Here are key tips for a successful career:

    Invest in Education: Prioritize continuous learning to stay updated on legal developments. 

    Develop Strong Legal Skills: Hone your legal research, writing, analytical, and advocacy skills early on. These are the backbone of legal practice and are crucial for providing effective representation to clients.

    Gain Practical Experience: Join law firms or independent chambers for hands-on learning and insights into legal practice.

    Build Professional Networks: Develop and Maintain relationships with seniors, mentors, and professionals within the legal community. Networking can open doors to opportunities, provide guidance and support, and facilitate professional growth and development.

    Embrace Technology and Innovation: Stay current with tech tools to enhance efficiency and client service.

    Maintain Professionalism and Integrity: Uphold ethics and integrity for long-term success.

    Be Resilient and Persistent: Embrace challenges as opportunities for growth and learning.

    Prioritize Work-Life Balance: Cultivate hobbies, interests and relationships for well-being and sustainability.

    Given your experience in drafting and vetting consortium documents for loan accounts involving substantial sums, what measures do you take to ensure legal compliance and mitigate potential risks for all parties involved?

    Drafting and vetting consortium documents for loan accounts involving substantial sums requires meticulous attention to detail, thorough legal analysis. To ensure legal compliance and mitigate potential risks for all parties involved, I implement the following measures:

    Comprehensive Legal Review: Conduct a thorough legal review of all consortium documents, analyzing terms, rights, obligations, and dispute resolution mechanisms to ensure compliance with laws and standards.

    Risk Assessment and Mitigation: Identify and mitigate potential legal risks such as compliance issues, contractual ambiguities, and credit risks through clear drafting and robust due diligence.

    Customized Legal Solutions: Tailor consortium documents to meet the specific needs and concerns of all parties involved, drafting clear provisions to minimize disputes.

    Clear Terms and Conditions: Ensure clarity in all terms related to loan disbursement, repayment, interest rates, collateral, and default provisions.

    Documentation Accuracy: Ensure accuracy and completeness in drafting all consortium documents. Any ambiguity or inconsistency in the documents could lead to disputes or legal challenges in the future.

    By adopting this proactive and systematic approach, I aim to ensure legal compliance and mitigate risks for all parties involved in consortium arrangements. 

    Away from the courtroom, what hobbies or personal interests do you pursue to maintain a healthy work-life balance, and do you find any parallels between these activities and your legal work in terms of skills or mindset?

    Maintaining a healthy work-life balance is crucial for well-being and productivity. I recharge by pursuing hobbies like traveling, which broadened my horizons and fosters cultural appreciation. Mindfulness and meditation help me cultivate mental clarity and resilience amid the demands of legal work, enhancing focus and decision-making. Engaging in physical activities like playing squash and cycling not only promotes physical health but also reduces stress and boosts energy levels. These hobbies enrich my life, fostering qualities essential for success in both my personal and professional endeavors.

    Your dissertation focused on the analysis of non-conventional trademarks. How do you see the evolving landscape of intellectual property law influencing commercial practices, especially in the digital age?

    The evolving landscape of intellectual property (IP) law, particularly in the realm of non-conventional trademarks, is profoundly shaping commercial practices, especially in the digital age. As technology advances and consumer behavior evolves, businesses are increasingly relying on innovative branding strategies and creative forms of intellectual property protection to differentiate themselves in the marketplace and safeguard their competitive advantage. Several key trends in IP law are influencing commercial practices in the digital age:

    Expansion of Non-Conventional Trademarks: Beyond traditional marks, businesses now use smell, color, sound, motion, and holograms for unique branding experiences.

    Digitalization and Online Branding: E-commerce and social media have transformed how brands engage consumers, with trademarks crucial for product distinction, brand loyalty, and fighting online infringement.

    Globalization and Cross-Border IP Protection: Global trade demands international IP protection, requiring businesses to navigate complex legal frameworks for safeguarding brands and innovations across borders.

    Emergence of New Technologies: AI and VR bring new IP challenges and opportunities, necessitating proactive legal strategies for ownership, licensing, and enforcement.

    Focus on Brand Experience and Consumer Engagement: In an increasingly competitive marketplace, businesses are prioritizing brand experience and consumer engagement to drive customer loyalty and retention. Trademarks are not just symbols of origin but also catalysts for immersive brand experiences that resonate with consumers across digital touchpoints.

    Adaptation to Evolving Legal Frameworks: Regulatory changes and court rulings are continually shaping the landscape of IP law, particularly in areas such as copyright, patent, and trademark law. Businesses must adapt to evolving legal frameworks, stay compliant with regulatory requirements, and anticipate future developments to protect their intellectual property rights effectively.

    Overall, businesses that embrace innovative IP strategies and adapt to evolving legal and technological landscapes will thrive in the dynamic digital marketplace.

    In your opinion, what are some of the key challenges facing the legal profession in India today, and how do you think they can be addressed?

    Certainly, the legal profession in India faces several challenges that require collaborative efforts from legal professionals, policymakers, regulators, and the judiciary. Some of the key challenges include:

    Access to Justice: Marginalized communities need better access to justice. This requires expanded legal aid programs, alternative dispute resolution methods, improved legal literacy, and technological innovations. 

    Quality of Legal Education and Training: Legal education needs improvement, including updated courses, better teaching methods, enhanced practical skills training, and continuous professional development for lawyers.

    Ethical Standards and Professional Conduct: Upholding high ethical standards is crucial. This involves strengthening disciplinary mechanisms, promoting transparency, and increasing awareness of ethical responsibilities among legal professionals.

    Legal Reforms and Policy Advocacy: Policymakers and regulators need to undertake legal reforms to address outdated laws, streamline legal procedures, and enhance access to justice. Legal professionals play a crucial role in advocating for legislative and policy changes that promote the rule of law, protect fundamental rights, and advance social justice

    Technology and Innovation: Embracing technology and innovation can enhance the efficiency and effectiveness of legal services delivery.

    Collaborative efforts from legal professionals, policymakers, regulators, the judiciary, civil society, and the private sector are essential to overcome these challenges and advance the rule of law for all.

    Get in touch with Sunav Rastogi-

  • “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-

    • “Working in emerging areas presents a unique set of opportunities and challenges that make work both exciting and demanding”- Nandini Nambiar, Senior Corporate Counsel, Amazon

      “Working in emerging areas presents a unique set of opportunities and challenges that make work both exciting and demanding”- Nandini Nambiar, Senior Corporate Counsel, Amazon

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

      Could you please share a bit about your journey into the fintech sector and what initially drew you to this industry?

      My journey in the fintech space started with Ola Money. When I joined Ola, I was initially working on Ola cab and other core Ola businesses. But soon an opportunity presented itself for me to take up the Ola Money charter. I wasn’t sure about what it involved (since I hadn’t worked on financial products before), but took it up as a challenge and a chance for me to learn something new. Since then, there has been no looking back for me – with Ola Money (now Ola Financial Services) and now Amazon Pay. The excitement I felt when I first started working in the fintech space, is something I still feel today. The fintech space has seen tremendous growth in the past decade, a trend that I expect will continue. I am grateful I had the opportunity to explore this sector, and work on a range of fintech products over the years, including wallets, postpaid payments, insurance, payment aggregation, mutual funds and more.

      You’ve had experience working both in-house and with law firms. How do these experiences differ, and how have they shaped your approach to legal counsel?

      That’s right, I started my work experience in law firms, and then moved to in-house roles. I personally think I got to experience the best of both worlds. The law firm experience is what helped me understand and learn the intricacies of law, and its application to everyday issues. This formative experience laid the groundwork for my subsequent transition to in-house roles. When I moved to an in-house role, I had to further learn how to translate legal advice into on-ground executable inputs, and how to deal with ambiguity. I had to analyze situations from multiple perspectives (business, tech etc.), evaluate risks, and make informed decisions in the absence of absolute certainty. I believe these experiences have made me a much better lawyer as I am able to understand and appreciate both the business and compliance aspects of operating a business.

      With your extensive background in regulatory compliance, particularly in emerging areas like fintech, what challenges have you faced, and how have you navigated them?

      Working in emerging areas presents a unique set of opportunities and challenges that make work both exciting and demanding. There is a constant exposure to the unknown! Almost every day brings forth a new scenario, a fresh set of variables, or a problem that requires novel solutions. This situation demands a combination of creativity, critical thinking, and a willingness to explore new paths.

      In the absence of established precedents, the ability to exercise sound judgment becomes paramount. Making informed decisions in the face of ambiguity requires a deep understanding of the subject matter, a thorough analysis of available information, and the capacity to weigh potential risks and benefits. It is a skill that is honed through experience and continuous learning.

      I have also found that regulators are very open to engagement and discussions. This creates a collaborative environment where regulators, industry participants, and stakeholders can work together to shape policies and regulations in a manner that promotes innovation, while ensuring public safety and welfare.

      So if I had to summarize, working in emerging areas offers a dynamic and ever-evolving environment where the unknown becomes a catalyst for growth and innovation. It is a space where individuals with a thirst for learning, a knack for problem-solving, and a commitment to excellence, can thrive and make a meaningful impact.

      Could you elaborate on your role as a strategic business advisor for legal compliance in new business operation areas? How do you stay ahead of the curve in such dynamic environments?

      As a legal counsel, it is crucial to operate as a strategic partner, collaborating with business to ensure we navigate the regulatory landscape successfully, and supporting innovation at the same time. This involves providing comprehensive advice and guidance that goes beyond the letter of the law, encompassing the spirit and intent behind regulations as well. In most instances, I have seen the goal of the regulations and business to be the same – give customers a product/ service offering, which is safe, secure, and easy to use. 

      To stay ahead of the curve, it is important to stay on top of new regulations, actively engage with the industry and regulator, and track what is happening in the industry. To balance what business wants, what customers want and what regulations mandate, is a fine balance.

      Having worked with giants like Amazon and Ola, what have been some of the most significant legal considerations unique to these tech-driven businesses?

      I have realized that each company is unique, having its own set of distinctive characteristics and objectives! For instance, I have worked on the wallet business in both Ola Money and Amazon Pay, but the kind of work I have done in both organizations is very different. Like I spoke of earlier, the advice varies considering what a particular business wants to achieve, the applicable legal considerations, technology build and so on. So, my advice would depend on various such factors. 

      These varied experiences have taught me that there is no one-size-fits-all approach when it comes to designing and implementing business and legal solutions. Each company has its unique set of requirements, customer base, and business model, which necessitates a tailored approach. Understanding these nuances is important in providing effective counsel. Also, one needs to apply the right judgement and understanding of what the regulations require, in letter and spirit, including what changes to expect, and how customers may perceive something. Factoring all this into my guidance is a critical part of how I work.

      Your educational background includes an LLM from the London School of Economics. How has this academic pursuit influenced your career trajectory?

      Education has always been a fundamental aspect of my life. Growing up, my family instilled in me the significance of acquiring a quality education. I think I always knew that pursuing a Master’s degree would be a natural progression for me. After my studies at Symbiosis, I applied for a Masters in the UK and was fortunate enough to get into LSE, where I completed my Masters in Law in Corporate and Commercial laws. My LLM experience was truly remarkable. I tried to make the most of it not just by focusing on studies (with some amazing professors), but participating in extra-curriculars, absorbing new cultural experiences, and making friends from all corners of the globe! Meeting individuals with varied backgrounds at LSE was a transformative experience. Their experiences and perspectives broadened my understanding of the legal profession and exposed me to various career options available to me. These interactions played a pivotal role in shaping my professional aspirations and goals.

      From drafting and reviewing contracts to undertaking due diligence, you’ve covered a wide spectrum of legal tasks. Can you share a particularly challenging or rewarding project from your career?

      I know it will sound like a clichéd response, but honestly, I don’t think I can pick something in particular. Each experience I have had so far, has helped shape me into the person/ legal counsel I am today. What is most rewarding for me is to work to solve problems/ challenges for customers, and every day that I am able to do that, it keeps me going! I have been working in the fintech space for almost a decade now, and I have been blessed to see this space grow and innovate. Being part of this journey has been very rewarding to me!

      As someone with rich experience in the legal field, what advice would you offer to fresh graduates aspiring to pursue a career in law, especially in the realm of corporate and commercial law?

      Firstly, one size won’t fit all! So my advice is purely based on what I have experienced. As a fresh graduate, I would say your main focus should be on learning. Find opportunities where you can do that, and build a strong foundation. Embrace opportunities to learn from senior colleagues, attend workshops/ seminars, and engage in continuous professional development. Also, don’t feel pressured to pick a specialty area of work right out of college. Experiment and try new things. When you do end up specializing down the line, you will be clear on what you want.

      What has also helped me during this entire journey, was having some great mentors. If you are fortunate enough to have a mentor, actively seek out their knowledge and learn as much as you can from them.

      Get in touch with Nandini Nambiar-

    • “Our role as in house counsels is to push the limits of permissible law and guide our business to take difficult decisions by explaining possible risk scenarios”- Ankur Deka Rabha, Founder & Managing Partner ~ Λrgħyä Legal

      “Our role as in house counsels is to push the limits of permissible law and guide our business to take difficult decisions by explaining possible risk scenarios”- Ankur Deka Rabha, Founder & Managing Partner ~ Λrgħyä Legal

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

      Can you share with us your journey of becoming a lawyer, starting from your graduation at NLSIU, Bangalore, to your current role as Managing Partner at Λrgħyä Legal?

      My journey as a lawyer began when I joined the prestigious National Law School of India University (NLS), Bangalore in the year 1997. Law school gave me a whole new perspective on life, purpose and law in general. The initial years until graduation was a period of great learning and appreciating the law, legal research and developing an analytical mindset. After graduation, I worked under a few senior counsels as a litigating lawyer in New Delhi being fortunate enough to be practising in various courts like DRT, Tis Hazari, Patiala House, High Court and Supreme Court. This is the phase in my life where I learnt the importance of PERSEVERANCE & RESILIENCE. When your salary is meagre  (compared to what your peers earn in a company or law firm) and you need to survive on that, it requires a lot of PERSEVERANCE & RESILIENCE to not give up on your dream. 

      I transitioned from a litigation lawyer to an associate in a law firm in the year 2006 when I shifted from New Delhi to Bangalore to work with a law firm dealing mostly with foreign clientele wanting to set up business in India. I was fortunate to be a part of the team managing contracts drafting and negotiations, M&A for some well known corporate clients.  This experience along with my previous experience as a litigation lawyer helped me to get into Bosch as an inhouse counsel and thus transition myself from a lawyer to a business lawyer. During this phase, I was fortunate to have both local and international exposure on various aspects of business and law in general. This phase was also about understanding and appreciating the importance of forging collaborations, understanding business, numbers, managing stakeholder expectations, managing teams, having the foresight for incoming risks and proactively taking steps to minimise risks.

      Finally the culmination of all that I had learned and experienced over the years helped me in pursuing this new phase in my professional career i.e. the setting up of Λrgħyä Legal  The firm was set up with the aim of providing affordable and high quality services to select clients. Having been an in-house counsel most of my professional life I am able to understand the pain points/areas of concerns of corporations better and provide solutions which are practical and easy to implement from a business standpoint. Currently the firm’s focus is mostly on assisting in house counsels with the day to day issues, mergers and acquisitions, secretarial assistance and compliance training. 

      With your extensive experience in various industries like healthcare, e-commerce, and IT, what motivated you to pursue a career in law, particularly in corporate and regulatory aspects?

      Few factors that contributed to my decision to join NLS and pursue a career in law. The desire to move out of Guwahati to broaden my horizon in life in general and to join a professional course which was equally relevant as that of medical and engineering courses.  I was very fortunate to be a part of this prestigious  institution.  NLS helped bring in a lot of maturity and clarity in my thoughts so once I graduated I had a clear roadmap in mind. Although someday I wanted to be an inhouse counsel, I first wanted to understand law and its nuances and see how it’s actually dealt with by courts, then law firms and finally settling down as an inhouse counsel. These experiences help me immensely while dealing with complex and critical situations which require strategic thinking. 

      Coming to the question of why I focus particularly in the area of corporate and regulatory aspect. Well I would say although these two aspects are very important, it would not be the only ones that I would need to look at if I am an in house counsel in a leadership position. One has to remember that the role of an inhouse legal counsel is about being a generalist in law, being foresighted, proactive, collaborative, approachable and generally having an idea about every aspect of law which applies to the organisation. You are the first line of defence and your internal stakeholders will look to you for answers and solutions. So I would say I am a generalist whose job is to maintain a fine balance between compliance of law while facilitating smooth business transactions. I have been really fortunate to be a part of multinational organisations which exposed me to a whole gamut of issues on various aspects of law which were really complex and some of them even path breaking, both nationally and internationally. Such experience has enabled me handle complex issues with poise and maturity. 

      You’ve held significant positions in both multinational corporations like Bosch and Essilor, as well as in consulting roles. How have these diverse experiences shaped your approach to legal counsel and leadership?

      Experience does matter and as a lawyer, I have been really fortunate to have worked with great senior counsels, being part of great teams at various law firms and finally exposed to a whole gamut of critical issues in a corporate world mostly in the IT and manufacturing side ranging from labour issues, product issues, litigation, M&A, compliance etc. After more than two decades of being in the profession, each stage of my career has taught me something new which I would not have been privy to or learnt had I continued in just one field and not delved into others. I can safely  say I have seen it all but of course with the humility to state that the learning never stops and I still think of myself as a student who has the courage and conviction to unlearn and learn if required.

      These past experiences of what it takes to drive business has an effect on how I counsel my clients today.  I look at the business and then apply law to see to what extent I can stretch my risks. Years of experience helps in a way to already visualise consequences. Hence, every suggestion or an opinion given to clients is based on their business need and practicality within the ambit of the permissible laws.  One size may not fit everyone so one has to be agile, quick and flexible to innovate. For example, I will never advise anyone to go in for litigation as a first step in a dispute situation. It should be the last resort and one needs to understand that the cost of litigation could dent a company’s bottom line.  During my stint as a General Counsel I have facilitated many negotiations and saved huge litigation costs to the companies I was associated with. 

      As someone who’s been recognized for achievements such as “General Counsel of the Year – Healthcare,” what are some of the key challenges you’ve faced as a first-generation lawyer, and how did you overcome them?

      Challenge is a perception and quite subjective. I always saw opportunities in everything that came my way and grabbed them to make a mark. There is also no alternative to hard work. Challenges are always present in life and we have to figure out a way to navigate through these challenges. Everyday something new happens which we may not comprehend nor anticipate and that is what keeps us going. Life without it will be very boring.


      I was never really dependent only on people teaching and guiding me to learn new things. Of course its importance can never be negated. However, I realised early in life to learn from experiences around me by myself as well. Time is always of the essence and sometimes you miss the bus. During one farewell, the managing director of the company asked me what I would have done differently or changed if I had the opportunity to go back in time. I replied saying none. They were valuable experiences and if I had not encountered them then I would have never learnt. Learning is not only about law, at a leadership level it is about how much you understand the business of your organisation, it is about managing people, managing expectations of your stakeholders, maintaining a fine balance between compliance and business, learning leadership skills etc. This attitude helped me rise the corporate ladder faster and become the general counsel of a listed company at a very early age where I also had to lead cross functional peers who were double my age and experience. 

      In your roles at Flipkart and Walmart, you managed legal aspects of B2B wholesale business. Could you elaborate on the complexities and nuances you encountered in navigating regulatory landscapes in the e-commerce sector?

      I will answer this question in a more generic manner rather than answering specifically with regard to my stint at Flipkart as it applies in general with every organisation in the B2B e-commerce sector. Although regulated, it is not as stringent as the B2C ecommerce sector. Nonetheless, one cannot deny the fact that compliance of the applicable regulations is very important and in order to ensure compliance we need to understand the current gaps and that is only possible through regular interactions with internal stakeholders to understand how the business is being driven. Only once you understand what is currently in place can you strategize on whether any alignment or realignment has to be undertaken. Further, there are also changes in certain areas of law or process which are constant in the B2B sector. Most of the time you will see clarifications and circulars issued by the government under FSSAI, ISI or Legal Metrology or CDSCO on a regular basis.  Sometimes interpretation of such changes becomes an issue as they could be interpreted in more than one way and this is where we need to step in to reach out to the right authorities and conclude on the correct interpretation. Likewise we also need to reach out to relevant authorities and advocate for change whenever we find new changes in law detrimental to our business interest. In general I would say in today’s fast paced business and cut-throat competition, agility and quick decision making is critical to the success of a business. Our role as in house counsels is to push the limits of permissible law and guide our business to take difficult decisions by explaining possible risk scenarios. 

      You’ve been involved in various legal domains such as M&A, compliance, and litigation management. How do you stay updated on legal developments, and how do you integrate these insights into your strategic advice for businesses?

      Overall there are a few things which we need to keep in mind as in inhouse counsel. Firstly understanding the law enables me to visualise consequences and such awareness enables me to guide internal clients in the right direction. Hence, having a proactive mindset to look out for new changes in law and how it is going to affect your organisation’s business and ensure mitigation measures well in advance by working with business colleagues to ensure smooth transition is key. I strive to continuously read and research  on relevant and complex legislations/ provisions of law to ensure that I get the required clarity of its nuances from the perspective of courts/case law to not only properly guide and advice clients but also to be able to successfully provide alternatives during negotiations. Sometimes a simple oversight could cost a lot for your clients. Therefore, it is important to have an eye for detail and the patience to read every line and use one’s analytical skills to question whether what one is looking at really applies to the current situation or not. 

      What is the story behind starting Λrgħyä Legal and embarking on a new chapter in your life. Many would see this as a huge risk stepping out of the comfort of a stable job and a successful career.

      I always had a desire of exploring and stepping out of my comfort zone to try something of my own. After a lot of thought and deliberation with my family, my peers in the industry from whom I found acceptance in the concept of our firm, I finally decided that it is about time I pursued this passion. Having spent more than two decades as a lawyer and most of part of that career as an inhouse counsel with various multinational companies gave me great insights into the various nuances/complexities of managing an inhouse team, budget constraints, work pressure and impossible timelines.  It is very difficult most of the time for in-house counsels to manage/outsource work due to the high cost of legal services. I understand that very well being in that situation myself and feeling helpless. Hence, Λrgħyä Legal was born in the month of August, 2023 with the aim of addressing such issue and coming up with affordable services without compromising on quality. Λrgħyä Legal strives to foster partnership and lasting relationship with our clients rather than just mere commercial transaction.

      Λrgħyä in Sanskrit means “Sacred Offering”. Λrgħyä Legal was set up keeping in mind the four principles: (a) Availability; (b) Affordability; (c) Quality; (d) Integrity. We collaborate with in house counsels and work on various models which helps in (i) outsourcing at affordable rates (ii) continuity of work during headcount reduction or headcount freeze (iii) managing critical manpower and reducing headcount costs and (iv) enabling ample time  to the in house counsels to focus on critical issues and (v) assisting organisation to implement compliance trainings on various legal topics. Currently the firm’s focus is mostly on assisting in house counsels with the day to day issues, mergers and acquisitions, secretarial assistance and compliance training. 

      Lastly, given your wealth of experience, what advice would you offer to fresh law graduates aspiring to pursue a career similar to yours, particularly in corporate law and regulatory compliance?

      In general, all I can say is no matter what one does, they should do it with complete dedication. Patience, Perseverance and Resilience is key to any successful career. There are no shortcuts to success. Do not be in a hurry to move on to new things without mastering what you are currently doing. 

      Get in touch with Ankur Deka Rabha-

    • “The most rewarding aspect of having my own practice is that I get to pick my clients without having any pressures of meeting revenue targets, and I am able to create flexibility around work timings because I answer to only my clients”- Harini Subramani, Founder at HS Law & Associates

      “The most rewarding aspect of having my own practice is that I get to pick my clients without having any pressures of meeting revenue targets, and I am able to create flexibility around work timings because I answer to only my clients”- Harini Subramani, Founder at HS Law & Associates

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

      Can you share with us your journey from being a financial journalist to becoming a corporate lawyer, and what inspired this transition?

      During my time as a reporter for Mint and the Wall Street Journal, I had to specifically track investment banks and write on mergers and acquisitions. As a primer, one of my sources suggested I read ‘Barbarians at the Gate’; that along with my conversations with bankers and private equity professionals got me hooked into the world of M&As. I was eager to explore the other side. 

      I had initially tried my hand at investment banking but the mundane work of creating spreadsheets and data analysis as an everyday role didn’t much enthuse me. Within a week though, I joined a boutique law firm and pursuing a business law programme at NLSIU parallely seemed natural. The law firm had a highly motivated team and enabled a varied exposure in corporate law – I learnt trademark application processes, commercial contracts drafting including transaction documents and base arbitration. I continued to write for Your Story occasionally. I had the best of both worlds and was learning something new everyday. I decided to stick on and take each day as it came.

      Given your diverse background in journalism, economics, and law, how do you believe it has shaped your approach to practicing law, particularly in M&A and commercial law?

      So my late entry in the legal world has worked to my advantage given my journalism background. While my initial degree was in economics, a lot of my learning of the law, especially around the securities market and SEBI, was from my days as a financial journalist. Aside from reviewing the regulatory sites (like MCA, SEBI and RBI) for latest circulars / amendments on a daily basis, I would routinely follow corporate announcements on the BSE and NSE. Any seasoned reporter would tell you that it’s a goldmine for story leads. When I needed guidance to understand concepts, (luckily) as a journalist I could ask industry seniors to share their knowledge. I was fortunate to be ably guided by some bankers in the equity and debt markets; I’d go armed with a lot of questions for breakfast meetings. All of this helped lay the foundation to understand not just the law but also complexities / challenges of the M&A world. Now, as I sift through the laws, my ground work in economics helps review it from a policy perspective. 

      Could you tell us about a particularly challenging case or project you’ve worked on in your legal career, and how you navigated through it?

      Every project has its own set of challenges. While I wouldn’t want to name a particular case, I’d like to share that since I handle corporate and a few litigation matters, I find a dichotomy with respect to timelines and outcomes. Because litigation has its own procedures, and owing to its sometimes time-consuming nature there’s more thrill in setting expectations for faster closures in M&A or commercial negotiations. I have to consciously set my mind to a different frame for litigation. 

      You’ve been involved in drafting various agreements and advising on regulatory matters. What are some key considerations you always keep in mind when advising clients, especially in the realm of mergers and acquisitions?

      Create an internal priority checklist of terms and flag them off – i.e., understand from the client the aspects that they are absolutely unwilling to let go off vs less important points. Discuss the business angle in the transaction as it goes in tandem. If representing an acquirer, then go the extra mile for a thorough diligence on the target to ensure that at least the key industry specific permissions are in place, and forensics on the promoter are clean.

      Your experience spans from working with Vichar Partners to establishing your own practice. What motivated you to start your own firm, and what have been some of the most rewarding aspects of being an entrepreneur in the legal field?

      After my stint at JSA – given my unconventional background, it was initially challenging for 2 law firms to accurately gauge my skill set because I could be a rainmaker and yet not as seasoned as a partner. It was easier to get clients. And some industry seniors, entrepreneurs themselves, motivated me to begin on my own. My work with one of the senior partners at Vichar (Partners) had already exposed me to the ‘business management’ side and the transparent culture in my team at JSA also helped place many things in perspective. Being a first generation entrepreneur, I had nothing to lose by charting my journey on my own. The objective has always been one of learning. The most rewarding aspect of having my own practice is that I get to pick my clients without having any pressures of meeting revenue targets, and I am able to create flexibility around work timings because I answer to only my clients.  

      As someone who has contributed to agrarian policy and worked on projects funded by organizations like the UN World Food Programme, how do you see the intersection of law and policy-making, particularly in areas like food security?

      For countries that have faced depredations of famine and hunger under colonial rule, food-security is a very sensitive and key matter of policy. Emerging nations have to safeguard and sustain their agrarian ecosystems against OECD nations’ policies at an international level. At the same time they also have to increase yield, shield themselves against crop losses as well as shift populations away from agriculture and into industry. Policy-making is a vital exercise to attain this goal while the law attempts to provide safeguards for all stakeholders during this process.

      With your interests in tennis, dance, and cultures, how do you find these aspects complementing your legal career, if at all?

      Sports and the fine arts play a vital role in expanding one’s horizons and for agility. In my view, having a wide exposure to different aspects of the society exposes me to varied thought processes and perspectives thereby enabling me to become a better lawyer. They are also an easy way to switch off and relax.

      Considering your journey and expertise, what advice would you give to law graduates aspiring to specialize in corporate law, especially in the areas of M&A and commercial law?

      Go full throttle, always try to understand the issue at hand, do your own research (the law changes and nobody knows everything), never work on an empty stomach, and continue pursuing your hobbies. 

      Get in touch with Harini Subramani-