Super Lawyer

Tag: company law

  • “Drafting legal documents and notices requires meticulous attention to detail and a keen understanding of the relevant legal principles”- Astha Nigam, Managing Associate at Luthra and Luthra Law Offices

    “Drafting legal documents and notices requires meticulous attention to detail and a keen understanding of the relevant legal principles”- Astha Nigam, Managing Associate at Luthra and Luthra Law Offices

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

    Could you share a bit about your journey into the legal profession and what inspired you to specialize in Arbitration, White Collar Crimes, Company, and Insolvency Laws?

    My journey into the legal profession was deeply influenced by my upbringing in a family that valued justice and integrity as I have seen my grandfather perform his duties as a High Court Judge. As a first-generation lawyer, I was inspired by the power of law to effect positive change in society. My interest in arbitration, white-collar crimes, company law, and insolvency laws stemmed from a desire to navigate complex legal landscapes and provide strategic solutions to clients. These areas not only challenge me intellectually but also allow me to contribute meaningfully to corporate governance, dispute resolution, and ensuring compliance with regulatory frameworks.

    With over 9 years of experience, you’ve handled a diverse range of cases from representing individuals against gambling regulations to corporate disputes worth billions. How do you navigate such varied legal landscapes?

    Indeed, my experience has been diverse, spanning from advocating for individuals facing regulatory challenges in areas like gambling to handling high-stakes corporate disputes worth billions. To navigate such varied legal landscapes, I rely on a combination of thorough research, collaboration with experts in specialized fields, and a deep understanding of legal principles. Each case presents unique complexities, but by staying adaptable, keeping abreast of legal developments, and leveraging my interdisciplinary skills, I’m able to provide effective representation tailored to the specific needs of my clients, regardless of the legal terrain

    You’ve had significant experience in representing companies before various courts and tribunals. What are some key strategies you employ when handling high-stakes cases, particularly those involving complex contractual disputes or insolvency matters?

    When handling high-stakes cases, especially in corporate matters, several key strategies come into play. Firstly, thorough preparation is paramount. This includes comprehensive case analysis, anticipating potential challenges, and developing robust legal arguments. Secondly, effective communication with clients is essential to ensure alignment on goals and expectations. Thirdly, strategic negotiation and alternative dispute resolution methods are often explored to mitigate risks and achieve favorable outcomes outside of court. Additionally, building strong relationships with opposing counsel and maintaining professionalism in all interactions can help in navigating complex legal proceedings. Ultimately, my approach revolves around a combination of meticulous preparation, strategic thinking, and proactive communication to safeguard the interests of my clients in high-stakes scenarios.

    Given your extensive experience in drafting legal documents and notices, could you walk us through your process for ensuring accuracy and effectiveness in such critical tasks?

    Drafting legal documents and notices requires meticulous attention to detail and a keen understanding of the relevant legal principles. My process begins with a thorough review of the relevant laws, regulations, and case precedents to ensure accuracy and compliance. I then work closely with my clients to understand their specific needs and objectives, tailoring the language and content of the documents accordingly. Throughout the drafting process, I employ rigorous quality control measures, including multiple rounds of review and peer feedback, to catch any errors or inconsistencies. Additionally, I prioritize clarity and precision in language to ensure that the documents effectively convey the intended message and stand up to scrutiny in legal proceedings. By combining legal expertise with a methodical approach to drafting, I strive to deliver documents that are not only legally sound but also strategically crafted to achieve the desired outcomes for my clients.

    In your experience, what are some common challenges or misconceptions clients face when dealing with arbitration proceedings, especially in complex commercial disputes?

    In my experience, clients often face several challenges and misconceptions when dealing with arbitration proceedings, particularly in complex commercial disputes. One common challenge is understanding the intricacies of the arbitration process itself, including the selection of arbitrators, procedural rules, and the enforceability of awards. Additionally, clients may underestimate the time and cost involved in arbitration compared to traditional litigation. Misconceptions about the finality of arbitration awards and the ability to appeal decisions also arise frequently. Furthermore, navigating multi-jurisdictional issues and enforcing awards across borders can pose significant challenges in international arbitration cases. To address these challenges, I prioritize proactive communication and education, ensuring that my clients have a thorough understanding of the arbitration process and its implications. By providing strategic guidance and advocating for their interests effectively, I help clients navigate arbitration proceedings with confidence and achieve favorable outcomes in even the most complex disputes.

    Your expertise extends to navigating the intricacies of criminal law, including cases involving white-collar crimes. How do you approach defending clients in such cases, balancing legal strategies with maintaining their reputation and integrity?

    When defending clients in cases involving white-collar crimes, I approach each situation with a dual focus on legal strategy and reputation management. Firstly, I conduct a comprehensive analysis of the legal aspects of the case, examining evidence, statutes, and precedents to formulate a robust defense strategy. This may involve challenging the prosecution’s evidence, negotiating plea deals, or presenting compelling arguments in court.

    Simultaneously, I prioritize protecting my client’s reputation and integrity. This involves proactive communication with stakeholders, including the media, investors, and the public, to ensure transparency and maintain trust. I work closely with my clients to craft messaging that emphasizes their commitment to ethical business practices and compliance with the law.

    Throughout the legal proceedings, I remain vigilant in safeguarding my client’s rights while also advocating for fair treatment and due process. By balancing legal strategies with reputation management, I aim to achieve the best possible outcome for my clients while minimizing the impact on their personal and professional integrity.

    You’ve been involved in high-profile cases ranging from extradition proceedings to representing leading manufacturers and exporters against allegations of corruption and money laundering. How do you handle the pressure and public scrutiny that often accompanies such cases?

    Handling high-profile cases, whether they involve extradition proceedings or allegations of corruption and money laundering against leading manufacturers and exporters, certainly comes with its share of pressure and public scrutiny. To effectively manage these challenges, I rely on a combination of resilience, professionalism, and strategic communication.

    First and foremost, I prioritize maintaining a steadfast commitment to upholding the principles of justice and due process. This serves as the foundation for my approach to every case, regardless of its profile or complexity.

    Additionally, I recognize the importance of proactive communication and transparency in managing public perception. By keeping clients informed and involved in strategic decisions, and by being accessible to address concerns from the media and other stakeholders, I aim to foster trust and confidence in the legal process.

    Moreover, I surround myself with a supportive team of legal professionals who share my dedication to excellence and integrity. Collaborating with experts in various fields enables us to leverage diverse perspectives and resources to mount a robust defense or pursue legal remedies effectively.

    Ultimately, I draw strength from my belief in the power of the law to bring about fair and just outcomes, even in the face of intense pressure and scrutiny. By remaining focused on the merits of each case and maintaining a commitment to ethical conduct, I strive to navigate high-profile cases with integrity and professionalism.

    Finally, as someone with considerable experience in the legal field, what advice would you offer to fresh law graduates looking to establish themselves in the industry, particularly those interested in pursuing a career path similar to yours?

    For fresh law graduates aspiring to establish themselves in the legal industry, especially those interested in a career path similar to mine, I offer the following advice:

    1. *Continuous Learning:* The legal landscape is constantly evolving, so never stop learning. Stay updated on changes in laws, regulations, and industry trends to remain relevant and effective in your practice.

    2. *Build a Strong Foundation:* Invest time in honing your foundational legal skills, such as research, writing, and critical thinking. These skills form the bedrock of a successful legal career and will serve you well across various practice areas.

    3. *Find Your Niche:* Explore different areas of law to identify your interests and strengths. Specializing in niche practice areas, like arbitration or white-collar crimes, can set you apart and open up unique career opportunities.

    4. *Network Strategically:* Cultivate professional relationships with mentors, peers, and industry professionals. Networking can provide valuable insights, opportunities for collaboration, and referrals for potential clients.

    5. *Embrace Challenges:* Don’t shy away from challenging cases or opportunities. Embrace them as learning experiences that will help you grow and develop as a legal professional.

    6. *Maintain Integrity:* Uphold the highest ethical standards in your practice. Integrity and professionalism are essential for building trust with clients, colleagues, and the broader legal community.

    7. *Stay Resilient:* The legal profession can be demanding and unpredictable. Develop resilience to navigate setbacks and challenges, and remember to prioritize self-care to maintain your well-being.

    By following these principles and staying committed to your professional development, you can lay a solid foundation for a successful and fulfilling career in the legal field.

    Get in touch with Astha Nigam-

  • “I always believe that litigation is akin to a game of chess where you must anticipate three to four steps of your opponent’s preparation accordingly”-Gaurav Varma, Founding Partner – Integricon Law Offices 

    “I always believe that litigation is akin to a game of chess where you must anticipate three to four steps of your opponent’s preparation accordingly”-Gaurav Varma, Founding Partner – Integricon Law Offices 

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

    Can you share some insights into your journey in the legal profession and how you decided to specialize in dispute resolution, particularly in areas such as arbitrations, insolvency, and regulatory practice?

    Being the fourth-generation lawyer in a family of reputed criminal lawyers, it was clear that I will build my career in dispute resolution. During internships at various prestigious law firms in Delhi, I had the opportunity to work in various areas of practice in litigation, including Arbitrations, Company Law and  Securities Law, which eventually opened new horizons for me. I began to realise that with increasing tribunalisation and diversification of the legal field, one cannot have a short-term vision. I believe that in our legal profession, initial three to five years are most crucial for self-development and therefore, in order to gain as much practical exposure as possible in my initial years, I ventured in all practice areas by associating with senior professionals specialising in different areas like Civil Trials, Company Law, Arbitrations, White Collar Crimes, Telecommunication Law, Electricity Law, Securities Law, Service Law and Constitutional Law.             

    You have extensive experience representing clients in various high-profile cases before different courts and tribunals. Could you highlight a case that you found particularly challenging or rewarding, and what lessons did you learn from it?

    Many of the cases, argued by me, have been widely reported by news and legal journals, ranging from landmark judgments in Arbitration, Insolvency and Commercial Law issues to the judgments granting bail in Delhi Riots case and establishing the principle that ‘holding weapon is not a fundamental right’. I have worked on numerous high-profile cases, including those involving leading FMCG companies, real estate developers, hospitality group, electricity transmission cos., 2G spectrum allocation trial proceedings, challenging constitutionality of provisions of Companies Act, as well as cases related to SFIO, EOW, ED prosecutions involving hundreds of crores, and SEBI and FEMA violation cases. Each of these cases has been a different learning experience, particularly, in forming strategies to build the case in a manner that achieves the desired relief. 

    I always believe that litigation is akin to a game of chess where you must anticipate three to four steps of your opponent’s preparation accordingly. With time, I have also learned the importance of identifying the “fulcrum of the case”, that one crucial point in the brief around which the case needs to be built. Proficiency in drafting and research is invaluable in devising the right strategy. However, it’s important to emphasize that in my philosophy, I do not discriminate between cases or compromise my level of commitment based on factors such as monetary value or property valuation, or the stature of the individual / organisation involved.  

    Your career includes handling SFIO, EOW, ED prosecutions involving hundreds of crores and SEBI and FEMA violation cases. How do you navigate the complexities of economic offences and regulatory issues while dealing with such cases?

    I have handled economic offences, regulatory violation proceedings and white collar crimes ranging from alleged Ponzi Schemes to alleged manipulation of accounts, incomplete disclosures to regulatory authorities and the 2G spectrum allocation process, where the alleged quantum is in multiples of hundred of crores based on initial investigations., These cases are unique as they require an understanding of accounts, commercial law, criminal intent and ultimate loss or injury caused. Additionally, one must gauge the aggrieved party’s nature of loss or injury caused and accordingly analyse the case. When representing clients in such cases, I adopt the simplest approach of assuming the client is placed at the weakest point and start self-questioning regarding the alleged act as presented, level of involvement shown, possible intent and natural consequences or repercussions on others as well as on the client.  

    Having worked with various senior advocates and legal luminaries, how has that shaped your professional growth and influenced your approach to legal practice? 

    In the past 16 years, I have been fortunate to work closely with many legal luminaries, senior advocates, namely Mr. Mukul Rohatgi, Dr. Abhishek Manu Singhvi, Mr. Sudipto Sarkar, Mr. Amit Sibal, Mr. Amarjit Singh Chandhiok, Mr. Dhruv Mehta, Mr. Neeraj Kishan Kaul, Mr. Arvind Nigam, Mr. Ashwini Kumar Mata, Mr. Mohit Mathur, Mr. Vikas Pahwa, Mr. Tarun Gulati, Mr. U.K. Chaudhary and my mentors Mr. Meet Malhotra, Mr. Vivek Kohli and Mr. Sumeet Pushkarna.  

    From my interactions and close work with all these respected senior advocates, I have learned that one must be a master of the facts of their brief. The entire facts, pages and interconnection of different documents must be mapped in your mind so clearly that you can anticipate the questions from the Bench and opponents and be ready with references in the case file instantaneously. While arguing in Court, you cannot leave grip of the facts because sometimes, you need to frame the argument thinking on your feet. Clarity of thought while preparing the case and explaining the case or arguing in Court is the most crucial aspect to be learned.   

    You have worked with government departments such as the Central Government, State Government, departments like Delhi Electricity Regulatory Commission, Delhi Transport Corporation, Delhi Jal Board, Employees’ Provident Fund Organisation. How has your experience with these government bodies influenced your approach to handling cases and managing client expectations?

    Working with Government Regulators and Departments has been an enriching experience for me. I have had the opportunity to handle a variety of issues, ranging from defending constitutionality of Acts / Rules / Regulations to defending discretion in approvals, licensing, allotment of tenders, as well as intent and implementation of policies & schemes and also dealing with service law related issues. 

    Being a government lawyer is a position of utmost responsibility. It requires careful handling of confidential files and also defending executive actions, each of which is taken after detailed deliberation and approvals at different levels within the concerned department and ministry. I must commend government departments for their diligence in adhering timelines granted by Courts for preparation of pleadings or compliance with any interim or final decisions. In recent times, government departments have significantly ramped up recruitment of legal officers, leading to an overall improvement in case management at departmental level. 

    As an Advocate-on-Record with a significant presence in the Supreme Court, could you share some insights into the dynamics of presenting cases before the highest court in India? How do you approach advocacy in such a distinguished forum?

    As an Advocate-on-Record, when filing pleadings or presenting cases before the Hon’ble Supreme Court, it is paramount to be thoroughly knowledgeable about the subject matter of the case. Being well-read extends beyond understanding the legal issues at hand, it also entails being familiar with judicial precedents and legal developments pertaining to the relevant statute. 

    The Hon’ble Supreme Court plays a pivotal role in the ongoing process of evolution of law, adapting to changing societal norms and refining legal complexities. This includes redefining principles of bail, fundamental rights, shaping jurisprudence of economic offences or commercial laws. Therefore, it is imperative to possess a strong foundation of legal knowledge when assisting the Bench.   

    Considering your extensive experience, what advice would you give to law graduates who are entering the legal profession today, especially in terms of specialization and adapting to the ever-changing legal landscape?

    As I mentioned earlier, the initial three to five years in the legal profession are extremely crucial for professional development. Certain good practices, such as reading judgments, if cultivated since the beginning, prove invaluable in the long run. When I refer to “reading”, I don’t mean merely skimming legal news or excerpts of judgments available on various portals but reading the entire judgment – the original text. 

    Learning should not be confined to assignments alone. It’s only when you immerse yourself in reading and compiling research subject-wise that you can not only identify your areas of interest but also be well-prepared to adapt to the ever-changing legal landscape in any field of law.     

    Get in touch with Gaurav Varma-

  • A crisp Synopsis can win or lose a case before Judges who have 80-100 cases listed before them-V M Kannan, Advocate-on-Record

    A crisp Synopsis can win or lose a case before Judges who have 80-100 cases listed before them-V M Kannan, Advocate-on-Record

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

    Please tell us about your family background, pre-law school life and your experience at Symbiosis Law School, Pune.

    I was completely raised by my mother Smt. S. Mohanaranai, who is a Central Government employee and completed my secondary and senior schooling from Delhi Tamil Education Association (DTEA) School. Academically, I was an above-average student and took a keen interest in extra-curricular and co-curricular activities.

    Symbiosis Law School, Pune is a confluence of culture, ideas and bright minds. It was then located in the heart of Pune surrounded by plenty of colleges, universities, religious institutions and other centres of excellence and this was surely a boon for any young student far away from home. 

    Thanks to God almighty, I made great friends and a really supportive peer group, due to which I was able to overcome my initial fears and excel in prestigious Moot Courts and other co-curricular activities including representing my law school at the Williem C. Vis International Commercial Arbitration Moot, Hong Kong.

    I am also very blessed that my wife Ms. Harimohana N. too is an Advocate and we support each other in our law practice.

    You were one of the initial Law Clerks of Justice Najmi Waziri, popularly known as the Green Judge of the Delhi High Court. Please tell us about your experience with him and your other seniors at Bar.

    I was Justice Waziri’s third law clerk. Joining his prestigious chambers, right after law school, was purely a matter of chance and I am very fortunate to have been a part of it. Justice Waziri made a deep impact in my life with his thought process such as respect for law, women, nature and religious beliefs. He was very polite and courteous to everyone. To us Law Clerks, he gave us several opportunities to prepare draft judgments and research on complex legal problems, which laid a strong foundation for me as a lawyer. I was mentored further in the profession by Mr. TK Bhaskar, Mr. Sanjay Kapur and Mr. Shri Venkatesh, who gave me several opportunities to conduct and argue cases.

    Please tell us about your law practice, practice areas and the clients whom you represent before Courts.

    I founded my law firm VMK Law Offices in the year 2018 and we are located in South Delhi, in close proximity to the Supreme Court of India, High Court of Delhi and other major Tribunals. We have a fairly vast and diverse practice area such as commercial disputes, Energy Regulatory, Insolvency & Bankruptcy, Company, Arbitration, Property, White Collar Crimes, Telecom and Competition. We regularly appear before the Supreme Court, High Courts (Delhi, Madras, Calcutta, Gujarat, Chhattisgarh), APTEL, NCLAT, NCLT, Central / State Electricity Regulatory Commissions, TDSAT, Competition Commission, PMLA / FEMA Appellate Tribunal, District Courts and Arbitral Tribunals. I have represented Public Sector Banks and Undertakings, Statutory Authorities, Multinational Companies, Power Generators (Private and State Owned), Transmission Licensees and Utilities, Distribution Companies, EPC Contractors and Sports Federations.

    Please tell us about a few important and challenging cases that you have handled as a lawyer. 

    To me, no case is less important or less challenging. All the cases that we do, be it before the highest Court or otherwise, are equally prioritised.  However, a few of the reported judgments to my credit are below:

    1. SBI Vs. Vibha Agro – (2023) 1 SCC 286 
    2. Lalit Kumar Jain Vs. UoI – (2021) 9 SCC 321 
    3. SBI Vs. Radhey Shyam Pandey (2020) 6 SCC 438
    4. ARCIL Vs. Bishal Jaiswal – (2021) 6 SCC 366 
    5. SSIM Association Vs. UoI – (2021) 8 SCC 511
    6. A. Nabibasha Vs. Small Farmers Agri Business Consortium –  2020 SCC OnLine Del 1250 : 2020 ACD 877 : (2020) 3 MWN (Cri) DCC 51 : (2020) 4 RCR (Cri) 575
    7. SBI Vs. Athena Energy Ventures – 2020 SCC Online NCLAT 774
    8. 2021 SCC Online NCLAT 4
    9. 2021 SCC Online NCLAT 1621
    10. 2022 SCC OnLine NCLAT 27
    11. 2020 SCC OnLine NCLAT 717 

    You are an Advocate-on-Record (AoR) of the Supreme Court of India. How is an AoR different from a non-AoR before the Supreme Court?

    As per the Supreme Court Rules, no Advocate other than an AoR can appear, plead and address the Supreme Court unless he is instructed by the AoR. Therefore, an AoR has been statutorily conferred a privilege with respect to cases before the highest Court of the land. However, this privilege comes with enormous responsibility at various stages right from drafting of a petition/appeal, which have to be done with utmost honesty and precision. It is common knowledge that the Supreme Court is a very busy place, therefore, brevity and speed are vital. A crisp Synopsis can win or lose a case before Judges who have 80-100 cases listed before them. Next, strategizing, preparation and thinking out of the box are essential for a Supreme Court practice. It must always be borne in mind that the Supreme Court is the last Court and the result can be a make or break situation for the clients. The AoR system at the Supreme Court equips us to handle these challenges.

    What advice would you like to give to young lawyers who are starting their careers?

    Young lawyers, who want to be litigation practitioners should carefully choose their seniors and mentors. It is equally important to enjoy the process and seize any and all the opportunities that come your way. Since a litigation practitioner is required to do multiple tasks such as drafting, filing, arguing, briefing, clerical work, client and financial management etc., one must constantly learn and implement new and effective ways to manage the workload. Litigation practice is one of the most thrilling professions and I urge all young lawyers to take a shot at it.

    Get in touch with V M Kannan-