Super Lawyer

Tag: Commercial Law

  • I believe Corporate Commercial, Real Estate, Criminal and Estate law practices would continue to be rewarding in the future- Gaurav Singh Bhatti, Partner – Dhillon & Bhatti Lawyers Professional Corporation

    I believe Corporate Commercial, Real Estate, Criminal and Estate law practices would continue to be rewarding in the future- Gaurav Singh Bhatti, Partner – Dhillon & Bhatti Lawyers Professional Corporation

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

    Hi Gaurav! Before getting into the big details, can you tell us why you chose law as a career? Has it been a lingering childhood ambition?

    Since childhood I had a natural inclination towards law as both my parents are in the legal profession. I have always been motivated seeing their commitment towards law and administration of justice. Practice of law is such that in one matter a lawyer would be assisting clients in complex civil or transactional matters and in another matter a lawyer would be instrumental in protecting the lives and liberties of individuals. I am of the belief that as lawyers we can make a positive impact in our society at large and this motivated me to pursue a career in law.   

    Can you throw light on your practice pertaining to Commercial and Residential Real Estate transactions and Corporate-Commercial Practice?

    Our Real Estate practice revolves around acting on behalf of clients in acquisitions of land, developmental projects, commercial properties, multi-unit and single-family dwelling units. We also represent clients in institutional and private financing transactions.

    As a part of our Corporate-Commercial practice, we assist our corporate clients in the acquisition and disposition of shares/ assets, franchise agreements and business purchases. We also advise health care providers on matters ranging from acquisition of existing medial practices, incorporations, partnership agreements and regulatory and licensing matters.

    As we grow, we are also expanding our practice areas to include Immigration Law specific matters as well.

    Many budding law graduates intend to pursue LLM abroad. Can you describe your journey from Army Institute of Law (Affiliated to Punjabi University) to Osgoode Hall Law School, Toronto. What motivated you to pursue your LLM in Canada?

    During my time at law school, more and more law graduates began to pursue higher education abroad. With most of my internships and past experiences centered around litigation and adversarial system of law in India, the premise of gaining experience on how law is practiced in foreign jurisdictions seemed exciting to me. When I did my research, I was intrigued to learn how pursuing Masters at reputed universities would enable candidates to learn how law is practiced and applied in foreign jurisdictions.

    With that in mind, I applied to two Canadian Universities. I received an offer from Osgoode Hall Law School (York University, Toronto), which is the second oldest law school in Canada and because of the stimulating academic environment and diverse course offerings of the graduate program, Osgoode had always been my first preference.

    How did your education and internship experiences in India play a role in shaping your career as a lawyer now in Canada?

    During law school, I interned at the Punjab & Haryana High Court and District Courts to learn how litigation practices are managed. I also interned at a tier-1 law firm in Delhi in their General Corporate practice to get an insight on how legal support services are provided to corporate clients. I believe experience in both litigation and corporate setup is essential to ascertain one’s true calling in law.

    These days most of the premier law institutions abroad prefer candidates with prior work experience for admissions to graduate program. When I applied, it was not the norm but candidates with prior experience were preferred. My family and faculty at Army Institute of Law encouraged me to take a leap of faith and apply. In my statement of purpose to the foreign universities, I explained how my internship experiences enhanced my understanding and application of law in theory and in practice.

    Can you give our readers a glimpse of your experiences as an Articling Law Student at Mississauga?

    In Ontario, the Law Society mandates that prior to being admitted as a Barrister & Solicitor, licensing candidates need to work under the supervision of a lawyer for around 10 months (articling) or complete a law practice program. I articled at a boutique law firm in Mississauga focusing on Real Estate, Corporate and Immigration Law. During my time at the firm, I gained hands-on experience on how to manage files and develop a resolution-oriented approach.

    What do you think are best areas of practice for Indian law graduates seeking to establish themselves as lawyers and solicitors abroad?

    In most western countries, lawyers usually practice as specialists of one or two areas of law. General law practices are prevalent but not very common. I am of firm belief that one must choose an area of practice based on what they are passionate about. I believe Corporate Commercial, Real Estate, Criminal and Estate law practices would continue to be rewarding in the future.

    Can you describe how your normal work day would be like at Dhillon & Bhatti Lawyers Professional Corporation?

    Our firm is open on weekdays from 9 AM to 5:30 PM. We are a team of two lawyers with support staff. We usually start our day by attending to tasks that require immediate attention. Client meetings, appearances and important deadlines are marked in our digital calendar. I make it a point to go through my schedule for the next day one day in advance so that I am able to manage work seamlessly the next day. Depending on workload, sometimes we need to work on weekends and afterhours on weekdays. Most of our work has crucial deadlines and time is of the essence in corporate and real estate transactions. We usually host team lunches on Friday evenings to end the work week on a lighter note.

    What are the qualities and talents you would look out for in an intern or fresher you would recruit for Dhillon & Bhatti Lawyers Professional Corporation?

    I believe strong analytical skills and resolution-oriented approach is essential. Our clients are either billed hourly or a flat fee retainer is settled. In either case, time management skills are of value as lawyers usually work on multiple matters in a day.

    Can you share your advice and words of wisdom to young budding lawyers aiming to set up their legal careers across borders?

    Persistence is key and there’s no substitute to hard work. In our line of work, for continuing professional development, devoting time every week towards reading and keeping abreast with new developments in law is absolutely necessary. When it comes to practice of law, a healthy balance must be maintained when it comes to being empathetic and motivated towards the clients cause and a lawyers duty towards the courts in administration of justice.

    Get in touch with Gaurav Singh Bhatti-

  • Commercial law can be very interesting. Everything depends on the lenses through which one views the world!- Neela Badami, Partner at Samvad Partners

    Commercial law can be very interesting. Everything depends on the lenses through which one views the world!- Neela Badami, Partner at Samvad Partners

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

    Ma’am, we would like to know about your motivation to pursue law.

    I have always loved working with words and with people. I also thought I was good at problem solving. I love books and felt that would help in a career where I imagined the ability to be comfortable with processing large volumes of text was a plus point. I felt the law would give me the forum to marry all the things I enjoy doing.

    Was it your aim to become a gold medalist or it just happened?

    I think that gold medal was scored in a course which was taught very well, and that I enjoyed. A good teacher can make the driest subject matter interesting and bring alive its human dimensions. Since my interest was kindled, I had fun studying the subject. Then the gold medal ‘just happened.’

    Please elucidate about your experience of pursuing LLM from the University of Michigan Law School.

    One of the best decisions of my life, I think. I chose Michigan for a few reasons.

    One, I wanted the experience of living and studying in a small university town (Ann Arbor, in this case).

    Two, the small class size appealed to me. In the LL.M class, we really got to know each other as a group of lawyers from all over the world of all ages, with varied experiences and backgrounds.

    Three, the quality of the faculty and the brilliant mix of courses on offer.  

    I was looking to study both international law and commercial / corporate law, and I had the best of both experiences at Michigan Law. I took corporate law courses with Prof. Vikramaditya S Khanna, and also worked as a research assistant with him. I enjoyed the experience immensely and learnt a lot, including how to think about patterns and connections between law and business; as well as how to ideate projects and test hypotheses that need to be based on vast amounts of data.

    On the public international law side, I attended a course taught by ICJ judge Bruno Simma, called Leading Cases in International Law.

    I also did a handful of shorter courses for sheer joy. ‘Law and Popular Literature’ was a mini-seminar which met once a month over dinner at the home of Professor Gil Seinfeld. Given my love for books, and talking about them over good food and in congenial company, I thoroughly enjoyed this. (For book lovers, here are some of the titles we read: The Nine by Jeffrey Toobin, A Civil Action by Jonathan Harr, Scott Turow’s One-L, A Trial by Jury by Professor Graham Burnett, and In the Shadow of the Law, by Professor Kim Roosevelt). Similarly, the Uncensored History of International Law, taught by Dino Kritsiotis and the late Brian Simpson, was a fascinating course where we did a variety of readings that I remember to this day.

    What did it take to get the opportunity to work as a Law Clerk at the International Criminal Court?

    Serendipity. In 2004, the problem theme in the Philip C Jessup International Law Moot Court Competition was ‘The Case Concerning the International Criminal Court.’ My teammates and I spent close to six months researching and writing up our memorials, taking part in the India qualifying rounds and so on. We were the first team from NALSAR University of Law to make it to the World Finals in Washington DC, so by the time we were done, we knew quite a bit about the ICC. Hence it was quite natural to put in a convincing application for a clerkship. The time I spent in the Hague at the ICC was an incredible learning experience in a multi-cultural, multi-ethnic, multi-lingual environment. The professional bonds forged there were special.

    How did you end up in the commercial area of law? 

    Commercial law can be very interesting. Everything depends on the lenses through which one views the world!

    I have always had varied interests. I think it helps for a lawyer to have a broad vision of the world. After my ICC clerkship I had worked in the Capital Markets team at Amarchand Mangaldas, Mumbai (now CAM), before I went for my LL.M at Michigan. It was a whirlwind of a time since the capital markets were ‘booming’ in 2006-07 and everyone wanted to go public. It was a great learning experience for a young lawyer to be plunged from the get-go into the middle of hectic transactions and timelines. I learnt how to think on my feet, how to process information coming at me from all sides in different forms, and how to handle the variety of stakeholders involved in a public issue (promoters, C-suite folks, investment bankers, lawyers both Indian and foreign, auditors). At large all-party meetings or ‘drafting sessions,’ sometimes I would be the only woman at the table. I think the gender ratios are much better today.

    Going public brings it with a great deal of excitement for companies and it was pleasant to be a very small part of that. As capital markets lawyers we would mark-up advertisements to ensure compliance with the law before issuer companies could plaster them on billboards. I remember how tickled I would feel that a piece of paper I had marked up with a red pen would be magnified 100 times over and splashed on hoardings I’d drive under on Marine Drive.  

    What qualities do you think an M&A Lawyer must possess?

    No two M&A transactions are exactly alike, so I would say the skill to understand first principles thoroughly and then be able to apply them in any context is key. Knowing the basics is crucial to structuring deals in compliance with the law. For new and young lawyers, there is no substitute to reading the Indian Contract Act, the Companies Act, the FEMA and Regulations/Rules made thereunder end to end. Once that is done, understanding the documentation involved in an M&A transaction, why certain clauses are written the way they are written, what is the overall structure of the document, what is its internal logic and coherence, the commercial imperatives behind clauses – all these are very important. The best M&A lawyers understand not just the law and documentation but have excellent project and people management skills as well. Transaction management is both an art and a science and M&A lawyers must wear this hat too in an M&A deal.  

    Please tell us more about your experience in the sectors of fintech, e-commerce and IT.

    At Samvad Partners, I work a lot with startups, corporates, and venture capital and private equity funds. I have been based in the Bangalore office since 2009, so we have been very much a part of the Indian startup growth story. We can only be effective advisors when we understand the business of the client and the counterparties deeply, as well as the regulatory and policy landscape. I think as a firm, we have come to develop expertise in these sectors (amongst others) as we always try to understand the business as well as the technologies of our clients and take a holistic approach.

    IT is a very broad term – I think most of my work has a tech angle to it in some way or the other. A lot of the work I do for our VC/PE clients involves their investments in tech companies, so we really need to understand the business of the target company in order to do an effective due diligence. This can be very exciting since we have to keep pace with rapid changes in technology; the law can be slow to catch up. For example, we recently examined the business of a global company operating in the Web3 space, that wanted to issue tokens instead of shares. Data protection and privacy is another space that we see quite active at the moment.  

    On the fintech side, we have been advising companies on a variety of new business models, including in the space of decentralized finance. We help our fintech clients structure their businesses in a legally compliant manner; as they need to be mindful of increased regulatory oversight.

    E-commerce continues to be an exciting space, as consumers we are thoroughly spoilt for choice! Our work here is similar to what we do for our other clients, helping them with compliance in different areas of law – foreign exchange management, company law, consumer protection, legal metrology, food safety and standards, and so on.

    The last question to you is what advice you would give to our audience who are looking forward to work in The areas of e-commerce, IT law and M&A? 

    It is difficult to say do XYZ to become an expert in these fields. At the end of the day, basics have to be strong because you will need your basics of contract law and company law to stand you in good stead in all of these fields. The other foundation you will need for all these fields is an understanding of the foreign exchange management regime. After the basics comes learning through experience, and reading up on sector-specific law and delegated legislation. Delegated legislation can be a maze. A good practitioner has an understanding of the overall picture and how to navigate the maze.  

    Over time, I have found that one typically does one’s best work when one enjoys what one is doing. So, I’d say, take the time to figure out what area of law you enjoy. Use your internships well to get a sense of the different options available. The same thing needn’t work for everyone. If there is a particular area of work you enjoy, go all-out with it. Read and learn deeply, not just the law/regulation, but white papers put out by regulators and think tanks, similar activity in other jurisdictions – be creative, think laterally, connect the dots in ways that people may not yet have thought of. Use your creative energies to their utmost. Stay abreast with the trends. Don’t expect someone else to make you an expert in the field, take the responsibility to make yourself the expert. Start writing and putting your work out there. Connect with the people in the field you’re interested in, who are doing similar work. Breathe it and live it until you achieve it. (Then, just re-double your efforts! )

    Get in touch with Neela Badami-

  • UTSAV TRIVEDI, PARTNER AT TAS LAW, ON CHOOSING A CAREER IN LAW, SETTING UP HIS LAW FIRM AND OVER A DECADE OF EXPERIENCE IN THE LEGAL SECTOR

    UTSAV TRIVEDI, PARTNER AT TAS LAW, ON CHOOSING A CAREER IN LAW, SETTING UP HIS LAW FIRM AND OVER A DECADE OF EXPERIENCE IN THE LEGAL SECTOR

    This interview has been published by Maaz Akhtar Hashmi and The SuperLawyer Team.

    With various achievements and accolades credited to your name, you have been involved in various landmark judgments ranging from the Balco’s Case to recent matters relating to the RBI moratorium case. Apart from what makes headlines, how would you like our readers to know you?

    Balco’s case happened when I was working at Parekh and Co. That case holds a special place in my career because it was for this matter that, for the first time, I spent an entire night in the office. I was only six months into the profession, and I was the youngest member of the team working on the matter. I vividly remember it was 9th January 2012, and we had a huge list of judgments/literature that we required for the hearing, which was to begin the next morning before a constitution bench of the Supreme Court. I volunteered to stay back and ensure all the material was in the court bags. It may have been a small task, but it was a very important one. I was glad to be a part of that.

    After starting my own firm, the RBI Moratorium case was the first big (headline-making) case. There were a battery of senior advocates appearing in the matter, and I was not even sure if I would be called upon to argue. Despite the same, I made sure I burned the midnight oil and was fully prepared. Luckily, my petition was the first connected matter, and the bench decided to call up lawyers as per the item numbers. Though there was an option to adopt the submissions made by senior advocates, I decided to put in my two cents, which I was able to because I was prepared.

    The two matters you mentioned, as well as all the others that I’ve had the privilege to be a part of, irrespective of them making the headlines or not, have one thing in common – hard work! It doesn’t matter what role one has. It’s very easy for me to say, ten years later, that I was the most important person on the team. But that doesn’t matter. What matters today is that I know I can make bags in the matter, argue it and do everything else in between. Honestly, one doesn’t need anything more!

    You enrolled yourself for a BA.LLB course at Christ University, Bangalore, in 2006 when the legal profession was still blooming. Looking back, do you think it was serendipity that led you to choose law? What other options would you have considered for your career, if not law?

    Well, I had taken up science in my plus two ISC. So you can say it was serendipity that led me to take up law!

    On a serious note, if not law, then I don’t know. I didn’t fill up forms for any of the engineering exams. So yes, serendipity or sheer lack of ideas – whichever sounds better!

    You bagged a PPO at Parekh & Co. and started working at the firm immediately after law school. How has that experience shaped you and contributed to your interest in the field of litigation?

    Not to take anything away from my colleagues at the bar who practise on the corporate side, but I guess corporate is more about ‘avoiding the problem’ than solving it. I saw this difference in my internships themselves.

    Also, I feel I was lucky to get to work on the matters that I did. I worked at Parekh & Co. for four years, and I don’t remember a single day that I did not want to go to the office. Whenever work got tough, my inclination and zeal towards it increased, and I spent more and more time working. I suppose that is the real charm of litigation – the ‘problem solving’!

    After spending four years at Parekh & Co., you moved on to Karanjawala & Co. as a Senior Associate, handling Civil, Commercial, Real Estate practice as well as litigation advisory. Could you tell our readers how this experience helps you cater to a larger and more diverse clientele in the future?

    After spending four years at Parekh, I was looking for new opportunities. This was when I came across a vacancy at Karanjawala & Co. in Ms. Ruby Singh Ahuja’s team. I had heard a lot of good things about her, like her dedication towards work, her work ethic and the way she conducted herself. That was the reason I decided to give up a well-placed position that I had reached in my first office.

    At Karanjawala, I did matters ranging from telecom to tax, real-estate to insolvency and many more. Apart from being involved in big-ticket matters, I was also given the opportunity to argue final hearing matters before the Supreme Court, NCLT, NCLAT etc.

    Ruby Ma’am always told all her team members, work on the matter like I am not there and come to me when you are stuck. This gave me confidence in abundance. We were taught not only how to deal with existing clients but also how to build new ones.

    At Karanjawala & Co., you had advised on dispute resolution relating to MNCs dealing in sectors such as coal, oil & gas, steel, etc. In pursuance of this, could you explain to our readers the importance of arbitration & conflict resolution keeping in view the problem-solving approach it fosters?

    Unfortunately, for a better part of my career till now, we were stuck in a regime under the Arbitration Act where arbitrations would go on for years and then the Court proceedings under S. 34, 37 and SLP’s before the Supreme Court would also take considerable time. What I felt at the time was that Arbitration only adds more leg to litigation, and considering the semi-formal nature of the proceedings, it gets delayed to another level.

    However, post-2018 amendments, a time frame has been added, and automatic stay on the admission of S. 34 petition has been done away with. What this does is makes the parties a little more serious. And the semi-formal nature of the proceedings has now become a boon. I’ve done some Arbitrations where the parties when they finally come before the Arbitrators, are not as adversarial as they would be in a courtroom. On the very first day, they realize and are willing to explore the idea of settlement – which goes through more often than not and leads to a faster resolution of conflict.

    You parted ways with Karanjawala & Co. to set up your law firm TAS Law (Advocates & Solicitors), despite your implausible expertise in Energy/Oil and Gas, Real Estate, Trade & Contracts, Insolvency, and Company Laws. What were some of the challenges that you faced while setting up your firm?

    Honestly, my partner (Abhinay) and I discussed setting up our own firm in 2018. But we also knew that we should take one year to complete our ongoing professional commitments and give our respective bosses enough notice period. So, when we finally started out in August 2019, we were fully prepared. From office space to email domain and visiting cards etc. – everything was completely planned and executed.

    Our estimate was that within 8-12 months, TAS Law would become financially self-sufficient, and we wouldn’t need to dip into our savings. However, what we, just like the entire world, did not factor in, was the pandemic. Covid hit us, 8 months into our existence.

    However, after a couple of months of complete lockdown, we were back on our feet. While the loss of life and other misery Covid brought upon us as a generation, it was also a social balancer. It was an opportunity for all the first-generation lawyers to overcome what I call the ‘generational bias’.

    Every first-generation lawyer I knew of and was willing to work hard during the pandemic, while the more privileged ones who took time off, has come out of this pandemic successfully and better placed. Hopefully, Covid is now behind us, and we get back to normalcy.

    Can you tell us something about TAS Law and your team? How do you manage to keep your team morale high as well as meet client expectations during high stake matters?

    In approximately two years of its existence, TAS LAW now has 8 lawyers (including the two partners) and has a presence before all major forums in Delhi/NCR. We also have some work in other states. Whatever little TAS Law has achieved is down to each and every individual who has worked here.

    It is impossible to keep everyone’s morale high at all times. This is something every employer needs to get to terms with. Even when you, as an employer, are doing everything right, there will be times when, for whatever xyz reasons, someone or the other will not be up for it. But that is fine. The idea is to give the person his/her space and let them recover. The more time and space you give, the faster the recovery would be. The trick is in knowing who is up for what and when. That’s how one can meet client expectations.

    Besides advising clients over various legal matters, TAS LAW introduced a ‘Pro-Bono Wing’, with an objective to provide requisite legal services to the socially and economically weaker sections. Can you share with our readers, how the said wing has created the desired impact?

    Since the very beginning of my career, I have continuously been involved in extending help, support and advice to the socially and economically weaker sections of our society in their legal struggles. Considering what the entire world is going through due to the pandemic and how the weaker section of the society is suffering the most, this was the ideal time to formalize our pro bono practice.

    After setting up the pro bono wing in December 2020 and with the support of our colleagues at the bar, who were not able to take up the work due to time constraints or other professional limitations, we have helped various people who have reached out to us. We have done a fair bit of pro-bono matters before the Supreme Court, Delhi High Court and some trial courts in Delhi/NCR.

    One of your interviews quoted you as “Legal Profession is a marathon and not a sprint”, according to you, how should one prepare themselves to venture into the legal profession?

    I will repeat exactly what I had said there – Don’t be disheartened by the present situation as there is no retirement age for a lawyer. Remember, this profession is a marathon and not a sprint, and therefore, consistent efforts with or without the pandemic will make you land at your destination sooner or later.

    Would you like to accord our readers with any further suggestions?

    You may not be the smartest person in the room but make sure you are the hardest working. In due course, you will end up being the smartest!

    Get in touch with: