Tag: Corporate Law

  • Initially, when we all start our careers, we are very head strong – want to prove our point and in the bargain rationalising becomes difficult, Pallavi Puri, Partner at DMD Advocates

    Initially, when we all start our careers, we are very head strong – want to prove our point and in the bargain rationalising becomes difficult, Pallavi Puri, Partner at DMD Advocates

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

    Ma’am, please share with us how you first became interested in the field of law, and what inspired you to pursue it as a career?

    I am a first-generation lawyer. So technically, there was no godfather figure to guide me or who I could look up to. Infact, I didn’t even have anyone in the legal fraternity in my immediate circle of friends and family. Law happened to me by fluke. I was pursuing Political Science (H) from Gargi (the course had a fair bit around constitution, international relations and jurisprudence) and during the final year, while all my colleagues were certain of their career path, I was so lost. I remember this friend of mine so kicked about pursuing law and sitting for entrances. Her enthusiasm, her passion, I think, in hindsight, inspired me to give it a shot. I just came home one fine day and told my parents I want to pursue LLB.  I sat for the entrance exams at Jamia and Delhi University and as luck would have it – cleared both. Picked campus law centre at Delhi University and rest is history.  

    You have over 18 years of experience in M&A, private equity investments, and general corporate commercial law. What drew you to specialize in these areas within the legal field?

    I probably chose corporate law over litigation because it offered economic/ financial stability very early in my career. Also, I was never inclined towards constitutional law, criminal law, evidence et al. Having said that, during my internships I did embark on a journey that involved exposure to various facets of law including litigation. But it was the corporate internships that always left a mark. The fast-paced transactions, intense negotiations, intricacies of corporate law gave me an adrenaline rush. The opportunity to work closely with some great minds, aspiring to be like them – their commitment to clients, challenges faced on each transaction, in-depth strategic considerations appealed to me greatly. By the final year of LLB I had pretty much zeroed in on corporate law and was lucky enough to break through with Trilegal.  

    You’ve represented both domestic and multinational companies in cross-border transactions. Could you tell us about a particularly challenging or memorable transaction that stands out in your career?

    Each and every transaction that I have worked on till date has taught me something new which has played a role in my growth curve and developing my personality. 

    But I guess the very first transaction I did at the start of my professional career left an imprint – this was a joint venture between a USA conglomerate and a major Indian textile manufacturer with the objective to undertake, wholesale trading, designing, marketing, distributing, importing and exporting of branded apparel and related accessories in India. We were representing the overseas entity and it was their very first investment/ venture in India. Law around foreign investment and in particular the trading sector was still evolving. There were a lot of regulatory issues around structuring, approval requirements, company law issues. It was all so overwhelming. And to top it being new in the profession the zeal to take it heads on and impress your boss! Fortunately, or unfortunately, I had a tough boss- but with his guidance, I was able to grasp onto stuff fast and then one fine day he walked up to my workstation and said that I will have to go for negotiations on the matter to Bangalore alone. I did not know what hit me at that time- I completely blanked out. Just the thought of sharing space with the GC, counterparty and its advisors was scary. But somewhere I was thrilled too– I had earned his confidence in a short span. The negotiations stretched for almost a week, besides legal issues the exposure to commercial/ business issues was great. Honestly, not everyone gets this kind of exposure at such an early stage. We signed and closed in record time. This was the most remarkable experience ever! And reaffirmed my passion for corporate law.

    Before joining DMD Advocates, you worked with prestigious firms like Trilegal, AZB, and JSA. How did these experiences shape your legal career and the way you approach your work today?

    Each of the firms I have been with has helped me grow as a professional. Trilegal was the first. When you are just out of law school what really helps is finding the right mentor and platform to realise your potential. Trilegal offered both. Working with one of the founders from the start, getting that first-hand experience and exposure is rare. My stint at Trilegal laid the foundation of my knowledge of law. All the seniors I worked with at Trilegal were extremely helpful but there was no nepotism. We all learnt it the hard way and I think that’s the best way! AZB was no different – challenging work, high stake transactions, excellent exposure, no spoon feeding and an amazing boss. I think these initial 5-6 years shaped most of me. JSA – my longest stint, offered the platform required to excel and develop the required skill set. 

    One of your notable deals was advising Prestige Estates Projects Limited on the sale of a $1.5 billion real estate portfolio to Blackstone. Can you share some insights into the complexities of that transaction and how you navigated them?

    Due to confidentiality reasons I can’t divulge much, all I can say it was one of the largest real estate portfolio transactions ever done in the country, both in terms of number of assets and deal value. It was quite a complex deal in terms of structuring, kinds of instruments that were issued, and ensuring foreign direct investment and corporate law compliances. CCI approvals were obtained, hold backs structured around NCLT approvals etc. The transaction lasted over a year and the deal size was approx. USD 1.5 billion

    In your career, you’ve advised a diverse range of companies, from online exam preparation platforms to hospitality chains. How do you approach legal challenges in different industry sectors, and what skills do you find most valuable for adapting to various clients’ needs?

    Advising clients can be very challenging as there is a lot at stake when you are working on transactions. Like I mentioned earlier, each mandate I worked on taught me something new and different. Even if you do repeat transactions, they come with their own set of nuances. Managing expectations, value add, in depth knowledge of the subject, bringing on the table that expertise and maturity are some of the key skills required. 

    Initially, when we all start our careers, we are very head strong – want to prove our point and in the bargain rationalising becomes difficult. One thing I have learnt over the years is to keep your calm during negotiations- don’t let things get out of control. I know it’s easier said than done- but it is important to get this sorted in initial stages of growth, else it can become a roadblock.

    Know when to stop speaking, be patient and focus on your growth. 

    Like the famous saying goes “It is better to be unique than the best. Because, being the best makes you the number one, but being unique makes you the only one.”  

    As a final question, what advice would you like to give to fresh graduates or young professionals entering the legal field today? What qualities or strategies should they focus on to succeed and make a positive impact?

    There is enough of this advice out there. I would just say stay focused on GROWTH: 

    G- Gain practical experience;

    R- Resilience is the key;

    O- Objective approach at all times;

    W- Wisdom plays an important role;

    T- Teamwork and time management will take you a long way;

    H- Happiness is a choice, make the right one.

    Get in touch with Pallavi Puri-

  • The intersection of technology and law has been a recurring theme in my career, and it’s a space that continues to excite and challenge me- G.V. Anand Bhushan, Founder, Bhushan Rajaram, Advocates & Consultants

    The intersection of technology and law has been a recurring theme in my career, and it’s a space that continues to excite and challenge me- G.V. Anand Bhushan, Founder, Bhushan Rajaram, Advocates & Consultants

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

    Sir, could you please share with our listeners what initially inspired you to pursue a career in law and how you navigated your way to specializing in Corporate, Intellectual Property, Technology, Litigation, and Real Estate laws?

    Certainly, the journey to a legal career is often as varied as the individuals who undertake it. In my case, I stumbled upon the field of law somewhat serendipitously. Like many young lawyers of my generation, I wasn’t particularly inclined towards math or science. However, I had a deep-rooted fascination with technology—I even built my own computers and was an avid proponent of open-source platforms, particularly Linux.

    As fate would have it, my graduation coincided with two significant developments in the Indian tech landscape: the enactment of the Information Technology Act and the onset of a multi-decade growth spurt in the Indian technology industry. These events were not just pivotal for the sector but also set the stage for my own career trajectory.

    The legal challenges posed by the burgeoning tech industry were both complex and novel, offering a fertile ground for specialization. My affinity for technology naturally led me to focus on Corporate, Intellectual Property, and Technology laws. Over time, as I gained more experience and exposure, I expanded my practice areas to include Litigation and Real Estate laws as well.

    While my entry into the legal profession may have been somewhat accidental, the path I’ve carved within it has been intentional and guided by a combination of personal interests and market opportunities. The intersection of technology and law has been a recurring theme in my career, and it’s a space that continues to excite and challenge me.

    Over your impressive 20-year career, you’ve gained extensive experience in General Corporate, Projects, Technology, and Dispute Resolution. Could you highlight some of the key milestones or projects that have played a pivotal role in shaping your expertise and career trajectory?

    One must always remember that competition is fierce. There is terrific talent in the market in the next generation of lawyers. There’s a saying in private practise “You are only as good as your last deal”. Lol, I remember being quite taken aback as a young lawyer when I first heard that! But if you understand that in this economy you always need to upskill to stay relevant and competent, you will be able to thrive. For me, that meant things like pursuing my master’s as a Fulbright scholar and exploring both opportunities in-house and as a Partner in Shardul Amarchand. For example, in Cognizant I was the lawyer hired to set up both the India and the wider Asia Pacific teams as General Counsel. At Shardul Amarchand, I was given the opportunity to start our Chennai office. That kind of entrepreneurial journey is something that I will always cherish. 

    You’ve held significant roles such as General Counsel and Board Member of Cognizant Technology Solutions Asia Pacific. Could you tell us about the challenges and rewards of managing diverse practice areas, resolving complex disputes, and advising on multi-million dollar technology deals?

    The scale of operations at Cognizant, one of the fastest-growing Fortune 500 companies, meant that even seemingly routine matters like EULAs, Labour issues or client Master Service Agreements (MSAs) involved high-stakes financial implications, often running into tens of millions of dollars. The urgency was palpable, and the need for effective prioritization and execution across diverse geographies in the Asia-Pacific region was paramount.

    My experience in private practice at Shardul Amarchand was marked by an intense performance culture. Clients often presented us with complex, unprecedented challenges. It’s worth noting that most large clients have highly sophisticated in-house teams, so when they seek external counsel, it’s typically for issues that are both novel and intricate. This necessitates original research and innovative problem-solving, skills that are indispensable in the legal landscape. Our office of 4 partners advised on Tech, Corporate, M&A, Real Estate and litigation matters. 

    The common thread between these diverse roles has been the critical importance of a strong, well-trained team. Whether it was navigating the complexities of multi-million dollar technology deals, resolving intricate disputes, or advising on regulatory compliance, the strength of the team was often the determining factor in the successful outcome of these endeavors. I’ve been fortunate to work with exceptional teams both at Cognizant and in private practice, and their contributions cannot be overstated.

    Throughout your journey, you’ve been hailed as a trusted legal advisor. What do you believe sets you apart in terms of building strong client relationships and delivering effective legal counsel?

    What distinguishes my approach in building robust client relationships and offering effective legal counsel boils down to two key elements: trust and capability.

    In today’s fast-paced business environment, clients are inundated with challenges and operate under immense pressure. They aren’t seeking a legal lecture; they’re in search of actionable solutions, a quantifiable assessment of risks, and a straightforward strategy for compliance. To earn their trust, it’s imperative to communicate in a clear and direct manner that aligns with their commercial objectives.

    The legal industry often falls into the trap of obscuring advice with layers of disclaimers and complex jargon. This not only dilutes the impact of our counsel but also hampers the decision-making process for the client. My focus is on cutting through the noise to deliver advice that is both clear and actionable.

    Consistency is the final, yet crucial, ingredient in this equation. Trust isn’t built overnight or through a single transaction; it’s cultivated over years of reliable and consistent service. The ability to consistently identify and mitigate client risks transforms a transactional relationship into a long-term partnership.

    You’ve received recognition from esteemed publications like Legal 500, Chambers, and Asian Legal Business. How has this recognition influenced your approach to your work, and what does it mean to you to be acknowledged by your peers in the legal industry?

    Recognition from esteemed platforms is an honor. I’m deeply grateful for it. In a competitive market where credibility is often scrutinized, these accolades serve as a valuable endorsement. Operating under my own name, Bhushan Rajaram, these recognitions act as a seal of approval, opening doors that might otherwise remain closed.

    However, it’s crucial to understand that these accolades are essentially a foot in the door, not a guarantee of sustained success. Clients today are incredibly savvy. They have a keen eye for expertise and can quickly discern whether an advisor possesses the depth of knowledge required to address their unique challenges. So, while the recognition is validating, it’s merely the starting line, not the finish.

    Lastly, could you leave our listeners with a piece of wisdom or a mantra that has guided you through your remarkable legal journey, and which you believe can resonate with those embarking on their own paths in the legal profession?

    Before we conclude, I’d like to share a guiding principle that has been invaluable to me on my legal journey—a piece of wisdom from my father that I believe will resonate with many of you.

    We live in a time where ambition and intelligence are in abundance, especially among young professionals. The drive to reach significant milestones—like making partner, buying a home, or achieving financial independence—often takes center stage. My father, however, offered a different perspective: “Life is not a checklist but a journey.”

    The relationships you cultivate, particularly with your life partner during these formative years, are incredibly enriching. These bonds are built on shared struggles and triumphs, and they often become your most reliable support system.

    So, as you ascend the ranks in the legal field, by all means, be ambitious and aim high. But also remember to live your life fully. The journey itself is just as important as the destination, and the relationships you form along the way make the journey all the more rewarding.

    Get in touch with G.V Anand Bhushan-

  • When one puts their thoughts into words, it unlocks additional dimensions of knowledge-Dr. Sudhir Raja Ravindran, Founder, Altacit Global

    When one puts their thoughts into words, it unlocks additional dimensions of knowledge-Dr. Sudhir Raja Ravindran, Founder, Altacit Global

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

    Could you please share your journey and how you ended up pursuing a career in law after obtaining degrees in both engineering and law?

    I developed an interest in law while pursuing a Master’s Degree in Engineering from the Warwick Manufacturing Group at the University of Warwick. I was studying regulations relating to automobiles and how they affect innovation, which instilled in me an interest in further exploring and understanding the functioning of legal systems through academic pursuits.

    How do you believe your background in engineering complements your expertise in law, particularly in the realm of intellectual property?

    The diverse educational backgrounds in the fields of Engineering and Law contributed to bring about a range of perspectives in the practice and application of law. This amalgamation of knowledge facilitated the development of a systematic problem-solving approach, nurtured critical thinking skills, and enhanced the ability to provide adept counsel to clients across various industries. It does also help in understanding technology and innovations and their protection under the Intellectual Property regime. 

    As the founder of Altacit Global, a leading Indian law firm, could you tell us about the key factors that led you to establish your own firm and what unique challenges you faced as an entrepreneur in the legal industry?

    The founding impetus behind the establishment of Altacit Global was to create a firm capable of delivering international-caliber services to Indian clients, while fostering a culture of ethical practices. The foremost challenge at hand was to ensure the provision of consistent services on a considerable scale and across diverse geographic locations. This challenge extended to attracting and retaining premier talent, as well as establishing a platform that could foster and acknowledge excellence within a professional work environment. By embracing technology early on and maintaining a commitment to best practices, we have successfully positioned ourselves at the forefront of the spectrum, enabling us to serve esteemed clients.

    You are a regular speaker at universities and national and international conferences. How do you balance your professional commitments with your passion for sharing knowledge and insights with others?

    Professionals in all fields amass a wealth of experience and exposure to diverse facets and issues. This knowledge typically remains within an individual and is seldom shared unless direct interaction occurs through internships, apprenticeships or employment, reminiscent of the ancient gurukul systems. The act of imparting knowledge and contributing to the society from which we have gained is the principal impetus behind authoring articles, publishing books, and speaking. Furthermore, when one puts their thoughts into words, it unlocks additional dimensions of knowledge.

    Your achievements are truly commendable, and you have been recognized as one of the 100 legal luminaries of India and top 100 IP leaders of India. 

    When someone is passionate about their pursuits and excels in them, recognition will inevitably follow. Such recognition serves as a motivating force, propelling individuals to push their boundaries and embark on unprecedented journeys, ultimately leading to a profound sense of satisfaction.

    Your book “Intellectual Property Risk Management” delves into the process of identifying, assessing, and evaluating risks associated with intellectual property. What are some common misconceptions about IP risk management, and how can organizations better understand and address these risks?

    Law is an evolving domain that continuously adapts to the prevailing social, economic, political, and technological developments. The publications “Intellectual Property and Taxation” and “IP Acquisition in India – Tax & Legal Aspects” include chapters authored by various subject matter experts, serving as quick-reference guides and starting points for navigating the intricate landscape of law and its implications on the commercial aspects of intellectual property. The intangible nature of intellectual property poses challenges for all stakeholders within the intellectual property regime. Ensuring appropriate value derivation from intellectual property requires careful attention, distinct from other forms of property.

    The publication “Intellectual Property Risk Management” aimed to elucidate the inherent risks associated with intellectual property and strategies for their mitigation. However, the time has come to release updated versions of these publications to bridge recent developments.

    Lastly, with your extensive experience in the legal and intellectual property domain, what advice would you give to fresh graduates who aspire to make a mark in the legal field and potentially pursue a career in intellectual property law?

    It is of utmost importance for lawyers to remain abreast of developments, encompassing not only the legal field but also various aspects of life, such as technology, social dynamics, economic trends, and more. Grasping the implications of the law and effectively harmonizing economic interests with those of humanity holds immense significance.

    When the process of learning comes to a halt, the growth of the lawyer also stagnates. For law students aspiring to build a career in the realm of intellectual property, which resides at the intersection of technology, law, and economics, a preparedness for perpetual and lifelong learning is imperative.

    Get in touch with Dr. Sudhir Raja Ravindran-

  • Fostering a collaborative and productive work environment is important for keeping the teams motivated, interested and invested in their work, take ownership of the work and contribute positively to the firm- Akshat Pande, Partner and Head-Corporate Practice at Fox & Mandal Solicitors and Advocates

    Fostering a collaborative and productive work environment is important for keeping the teams motivated, interested and invested in their work, take ownership of the work and contribute positively to the firm- Akshat Pande, Partner and Head-Corporate Practice at Fox & Mandal Solicitors and Advocates

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

    Can you share with us your journey and how you ended up pursuing a career in law? What inspired you to choose this path?

    After completing School, I chose to appear for CS and CA foundation exams. Since CS foundation results are released before CA foundation results, I qualified and got through CS, although I had appeared for CA foundation also and passed both of them. While studying for CS exams, I got keenly interested in law as a subject. My curiosity for law increased and I would often find myself dedicating hours to reading law books and cases. I found it extremely interesting and intellectually fulfilling and fell in love with law. After completion of CS, I enrolled myself for LLB with Delhi University. I am a first-generation lawyer in my family and I thank my stars to have landed in a profession that I like.  

    With over 18 years of experience in corporate and commercial law, you must have encountered various challenges and rewarding moments. Can you share one of your most memorable cases or experiences in your legal career so far?

    Quoting a single example from work is difficult as there have been many instances which were challenging in the beginning and rewarding when I got done with them. One of the most profoundly rewarding experiences in my career was setting up Alpha Partners in 2012. As a first-generation lawyer, my passion for creating something extraordinary from scratch fuelled my drive. However, it also presented an immense challenge—bootstrapping a startup law firm. From its inception until our merger with Fox & Mandal, I continuously grappled with the hurdle of elevating the firm to the next level, hiring talent, and enhancing practice verticals in the firm with new partners. For first-generation lawyers like me, to scale law firms to the next level without any avenues to raise finances to fund talent acquisition has been the biggest challenge

    As the Partner and Head of the Corporate Practice at Fox & Mandal, Delhi, you lead a team of more than 10 lawyers. What strategies do you employ to foster a collaborative and productive work environment within your team?

    Fostering a collaborative and productive work environment is important for keeping the teams motivated, interested and invested in their work, take ownership of the work and contribute positively to the firm. Few basic tenets like effective communication, clear goals, trust and collaboration, rewarding and recognising good work, encouraging learning and performance evaluation are most important and should be kept in mind by any team leader. 

    In order to instill the above in young associates, I follow Dr. House’s methods. Every assignment or transaction is discussed threadbare with the full team working on it in a 1-2 hour session so that no aspect is left out to be discussed. Such sessions are not a monologue by me but everyone is supposed to give their inputs and ask questions. Sometimes, these sessions happen in two sittings if something has to be researched and then discussed. At the end of the session, each member of the team is given a particular aspect of the assignment to complete but the team is supposed to coordinate amongst themselves and not work in silos, such as drafting is done by someone, research by others, compliances by third etc. Each one is also given a deadline also. The Senior Associate involved in the assignment is supposed to supervise and check on the work so that it is done in a timely manner. Once this delegation is over, I step aside and let the team work on the assignment. Thereafter before the deadline, an update meeting is done and questions if any are answered. Final review of the deliverables is done in a joint meeting of the team.  

    I am of the firm view that delegation is extremely important to make a strong team of good corporate lawyers. If the lawyers are not given room, they will never grow professionally and that will affect the overall efficiency and performance of the firm. It also enables them to work as a team and collaborate with each other rather than against each other. I also make sure that in every assignment, the roles of the team members are reversed so that no monotony sets in and each lawyer is getting trained in each aspect.            

    Your areas of expertise include private equity, venture capital, M&A, joint ventures, and more. Could you highlight a particularly complex or intricate deal you’ve been involved in and explain how you navigated its challenges?

    There are many such instances where deals were particularly complicated and required structuring to achieve efficiency and commercial feasibility. Typically exits become complicated, especially when it is a strategic buyout of the company through which exit is being given to investors. A lot of interests need to be balanced. Once such deal involved around 20 institutional and individual investors who were getting shares in the acquirer’s entity and the investors were sitting in an externalised holdco structure. In other M&A transactions, exits or JVs that I have handled, more than legal issues, it is the balancing of the interests of various stakeholders which requires delicate handling. Also, in case of cross border joint ventures, it is extremely important to understand cultural differences and business practices of the partners who are coming together to form the joint venture as most issues arise because things are handled differently by people from different countries and neither one is incorrect.   

    You have extensive experience in assisting multinational companies doing business in India and the UAE/MENA region. What are some unique legal considerations or cultural aspects that companies need to be mindful of when operating in these diverse jurisdictions?

    UAE is an extremely interesting jurisdiction. I have been working closely with UAE firms and clients and the experience has been extremely enriching. UAE is not very different from India culturally because of the historic cultural and business ties as well as the fact that both the jurisdictions have been influenced by the British common law system. UAE has modernised itself in its systems, processes and government dealings and there is a huge emphasis on use of technology in every aspect of governance and in general life. UAE is welcoming investors both at entity and individual level and has all necessary elements of a modern and business friendly country with congenial living standards. 

    In your experience, what are the key factors that contribute to a successful commercial transaction or project? How do you ensure that all parties involved are aligned and satisfied with the outcomes?

    As a lawyer, it is my job to protect my client’s interest to the best possible extent and so are the counsels of the other side. I believe that if all parties involved are adequately represented by lawyers, the alignment and balancing is more or less achieved. It is imperative for all types of clients to be adequately represented in this present day and age when contracts and compliances are getting more complicated and intricate. Corporate lawyers are not merely “punctuation correctors” but play an extremely important and strategic role in transactions and ensuring that clients are legally compliant, which collectively contributes to better corporate discipline, governance and makes our government’s job easier to govern.   

    With a background in advising clients across various sectors, such as healthcare, hospitality, e-commerce, and technology, how do you stay up-to-date with the latest industry trends and legal developments that may impact your clients?

    Read, read and read more. There is no replacement for reading for lawyers and there is no other secret sauce. If in today’s time and age someone says that “I didn’t know” about something, that means she/he has not made an effort to read about it because information is freely available everywhere and you cannot have an excuse that something was not out there. 

    Other than reading, one should also be connected with relevant stakeholders, in-house lawyers, chartered accountants, CS’s and more importantly lawyers from other law firms and keep exchanging ideas, information and must have discussions on legal issues. In fact, I believe that corporate lawyers should make legal discussions part of their social lives so that nothing is missed out. Information monopolies have been broken down by the internet and now is the era of sharing more and more information rather than keeping it with oneself. 

    Throughout your career, you’ve been involved in assisting government organizations with real estate and infrastructure projects. What are some of the challenges and rewards that come with working on projects of such scale and importance?

    Working on government projects presents unique challenges and rewards. While the commercial compensation for lawyers may sometimes be limited and/or delayed, the experience is truly exhilarating.

    Typically the real estate and infrastructure projects that we have undertaken are large scale projects involving multiple legal, commercial and strategic issues. The tussle between remaining fair and just which is a requirement for government instrumentalities and at the same time ensure that the projects are commercially successful for them is something which needs intricate balancing. Also, the commercial expectations of the government from a particular project needs to be balanced against market realities.   

    As a prominent figure in the legal industry, you were recognized in the Forbes Legal Powerlist as one of the top 100 individual lawyers in 2022. What does this recognition mean to you, and how do you continue to strive for excellence in your profession?

    Any recognition is a validation for one’s hard work and receiving such accolades is humbling. At the same time, I guess every day is a new day of learning and one should endeavour that each day is better than the previous one. 

    Considering your diverse background in law and business, what advice would you give to fresh law graduates who are just starting their legal careers? What skills or qualities do you believe are essential for success in today’s legal landscape?

    I have few tips which may be relevant for fresh graduates:

    1. It’s not a job, it’s a profession. So treat it likewise and train yourself for that;
    2. Read, read and read. If reading makes you tired, you are in the wrong place;
    3. Have a problem solving attitude. Not creating, not fixing, but solving a problem is what is required.
    4. Go for post-graduation only when you have identified a particular area or areas of law in which you are confident you can work for long term;
    5. Do not depend on anyone else’s version of research, not articles, blogs, not even chatGPT. Find your own answers to a problem and don’t stop till you do or understand it entirely. Read, discuss, read, repeat. 
    6. Be very clear about how much money you want from your employer/firm. There is no market standard and your peers or consultants don’t decide what you get, you do. Remember, working for less is more important than asking more and not working. 
    7. Become a generalist but grab one area of expertise or industry or niche practice area and try becoming best in that. Prioritise this over money or any other alternate career options.
    8. Don’t take it too seriously if things don’t work out. Its OK not to be the best.   

    Finally, looking back on your journey and achievements, is there any specific piece of advice or life lesson that has had a profound impact on you, personally or professionally, that you’d like to share with our audience?

    Someone once told me “Be sincere, not serious’ ‘. I guess that was the most useful advice I got which I have used in my life.  

    Get in touch with Akshat Pande-

  • One of the key aspects in arbitrations is to  read and decipher the terms of the contract-Abhay Itagi, Partner at MV Kini Law Firm

    One of the key aspects in arbitrations is to read and decipher the terms of the contract-Abhay Itagi, Partner at MV Kini Law Firm

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

    Can you tell us about your journey and how you ended up pursuing a career in law, particularly  in litigation and arbitration? 

    Being born to a leading lawyer in a tier-2 city, the choice was clear with limited options to  embark and explore. My interest in litigation developed in law school, primarily by participation  in Moot Courts, while I took interest in arbitration in my 5th year of law school.  

    You have experience as lead counsel in domestic and international ad hoc arbitrations. Could  you share with us a notable case or experience from your arbitration practice that was particularly  challenging or memorable? 

    Arbitrations are born out of commercial contracts. One of the key aspects in arbitrations is to  read and decipher the terms of the contract. The more prudent reading of the contract is expected  to prevail. Recently, we successfully defended a claim of damages of Rs.350 crores against our  Client POSCO-Steel. The terms of the contract appeared to be skewed but on threadbare reading  the reciprocal obligations were found to be not fully filled. As a lawyer, every case is challenging  and an add-on to one’s memory and of course makes the journey memorable.  

    As part of your role, you draft various legal documents such as pleadings, written submissions,  and petitions. What are some key considerations you keep in mind when preparing these  documents for arbitration cases or other litigation matters? 

    Every lawyer enjoys freedom to present the case. Speaking for myself, I prefer to keep my  pleadings to the material facts and not dump voluminous bald statements or documents. Material  facts are to be carved out by marshalling the facts, as presented by the Client. One of the cardinal  principles that I follow is to not plead the law in the pleadings. Secondly, it is of paramount  importance to not suppress the facts or documents even if they are not in favour of your client.  Lastly, ensure that the client has disclosed all the facts without any judgment of relevance on such  facts. 

    You have appeared before various tribunals and courts, including the National Company Law  Tribunal, Bombay High Court, and National Green Tribunal. How do these appearances differ in  terms of the skills and strategies required

    The fundamental difference between different fora is the law under which a person  approaches. One of the aspects that I found was the lingo, language and communication to be  different. The fora that you mentioned, in ordinary course, do not conduct full-fledged trials but are  summary proceedings, so in that sense these fora are different from civil or commercial courts.  Secondly, the time available to a lawyer to present his case in these fora is limited as compared to  trial courts, therefore, precision is key. As a matter of skill and strategy, the stage of recording of 

    evidence is absent in these fora and the matters argued and decided on the basis of facts, as  presented and the documents that are relied upon.  

    In addition to your contentious work, you also have experience in non-contentious matters  such as providing strategy advisory and legal opinions. How does your approach differ when  working on non-contentious matters compared to litigation and arbitration? 

    Non-contentious matters are not limited to advisories and opinions, it can include drafting of  agreements, liasoning and compliance with regulatory authorities. The approach while drafting a  strategy or an opinion, the primary focus is on the business of the client and to the extent possible,  avoid potential litigation or non-compliance. Whereas, in arbitration the focus is on the claims  already raised either to seek or defend depending upon which side one represents.  

    During your time at Reliance ADA Group, you were involved in strategic planning of litigation  matters across the group’s businesses. Could you share an example of how you approached  strategic planning and mitigating legal risks for a complex business case? 

    Litigations are planned sounds like cases are filed with malice, which is incorrect. Secondly,  I was one of the juniors in the team of the General Counsel, and as a junior your role is to follow  the orders. But I must say that I did get opportunities to be part of the team engaged in drafting  Share Purchase Agreements, Shareholder’s Agreement. The exercise was to modify the corporate  structure in compliance with regulatory requirements. One such work which I found interesting  was to draft an Agreement of Sale for a yacht, for which I was exposed to a completely new  regulatory and review Charter Agreements.  

    You’ve also worked as Counsel for Tata Consultancy Services in New York, primarily  focusing on contract negotiation and drafting. What are some key challenges or considerations that  arise when dealing with IT contracts, IT infrastructure, and BPO contracts? 

    IT contracts revolve around a variety of intellectual property and intellectual property rights (IPR). The challenge is always to ensure assignment of IPR that may be required and to put or  negotiate a value. The second aspect is flexibility in licensing. The software is made available on  license basis and to ascertain the limitations on the usage of the software under the license. During  my time, the concept of SaaS i.e. software as a service was developing, but back to back service  level agreements would provide uptime and backups in case of a glitch. Therefore, clauses in  respect of indemnity and liability had to be drafted carefully.  

    As a foreign associate at Translegal LLP in Washington DC, you advised U.S. clients on  investments in India and provided opinions on multinational business transactions. What were some of the unique challenges or cultural differences you encountered while working with  international clients and navigating cross-border transactions? 

    I took up the engagement right out of college to understand and acclimatize the nature of  transactions between business entities in India and the USA. One of the aspects that I observed was that the decision making process is completely different. US businesses go back to the drawing board  only in case of a deviation or an addition, whereas Indian businesses go back to seek approval.  When the transactions are both inbound and outbound, the time spent on the decision making  process becomes vital.  

    With your educational background in litigation and international dispute resolution, how have  your studies influenced your approach to resolving disputes and handling international cases? 

    The fundamental qualification of LL.B is the only requirement whether you are a lawyer or  judge of the Apex Court. The other qualifications are only to accentuate one’s understanding of  law or out of academic interest. Fortunately, for me, I pursued my post-graduate studies with  emphasis particularly on litigation and international dispute resolution. During my LL.M, I got an  opportunity to work as an intern on a case involving a ship that was registered in the Cayman  Islands, fitted with a German engine that got spoiled during its voyage in Norway, and had a Chinese crew. The ship was insured by a US Company. I can only say this to convey the complexity of  various entities. But as a student, I could observe how the approach to a dispute varies depending on the party making the claim.  

    Lastly, based on your extensive experience in the legal field, what advice would you give to  fresh law graduates who are starting their careers or considering a specialization in litigation and  arbitration? 

    I don’t claim expertise in my field except to continue to remain a student. My suggestion to  my friends is that the key to flourish is to read. When I say read, I mean books that may or may not be  related to law. During my consistent interaction with current law students, one of the dangerous  trends that has crept in is to read and borrow mostly incorrect information from substandard books.  This practice has to be curbed. Another aspect is to always, as much as possible, be aware of the  developments that are taking place at the local and the policy level and form opinions and debate. 

    Get in touch with Abhay Itagi-

  • Professional growth comes each day with experience and time spent on matters- Orijit Chatterjee, Partner at Fox Mandal & Associates

    Professional growth comes each day with experience and time spent on matters- Orijit Chatterjee, Partner at Fox Mandal & Associates

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

    Could you please tell us how you ended up pursuing a career in law? Was it something you always aspired to do, or did you discover your interest in the field later on?

    Initially I was very interested and curious about matters relating to science. I passed out of school with the aptitude of pursuing science and research. Long story short, after graduating with a BSc(Hons) Degree I happened to visit law firms with my father for a few of his professional matters. The intrigue of a law firm and the challenge of each assignment attracted me towards the legal profession and I decided to pursue a career in law.

    Were there any specific events, experiences, or individuals that played a significant role in shaping your decision to pursue law as a career?

    The decision to pursue law as a career was in particular largely influenced by my Late father, Bireswar Chatterjee and my father figure Late Dinabandhu Mandal, who was the Senior most partner at Fox & Mandal. While my father was always confident that the legal profession was to be my destiny, Late Dinabandhu Mandal came across in my life as a Godman and unparalleled goliath who I was in awe of since the very first day. A larger than life figure who was respected by all around. Once embraced by him into the legal profession I could only be on the path he showed. 

    Could you share with us your educational journey and the steps you took to become a lawyer? What were some of the challenges you faced during this process?

    My educational journey started with Lamartiniere, Kolkata. I was always keen to be on the sports field and tried by hand and foot at Cricket, Football, Hockey and Athletics. This was the most important part of learning at Lamartiniere. I learnt to live life, enjoy, struggle, fight, compete, laugh, cry and make friends through extra curriculars in this institution. Studying was the next part. I completed my class 12 with an ISC degree and went on to complete my graduation with Bsc (Hons) from Scottish Church College. Lamartiniere however always stayed in my soul and continues till date. After graduating I met my Godman, Late Dinabandhu Mandal on a career defining day and decided to pursue legal studies from Hooghly Mohsin College which was offering a 3 year law course to graduates. So much was the passion then, I decided to join Fox & Mandal in my first year of law itself as a half day intern and used to slowly learn the practical application of law and study case files under the guidance of Seniors in the firm and the magnanimous shadow of Late Dinabandhu Mandal. Though Late Dinabandhu Mandal is no more, there will be no one quite like him in the firm and the legal fraternity for a very long time. The challenge was to make a mark in this legal arena which had very little room for first generation novices. I was also told by a few during those days as to why I was here in this legal profession at all and that I should move towards other pastures or perish. It was demotivating and depressing on occasions but I survived.

    What were your early experiences like as a law professional? Could you highlight some key milestones or memorable moments that helped shape your career trajectory?

    Just like any lawyer during the early 2000s trying to make a mark in Kolkata I started as a Junior assisting Mr. Shuva Mandal (currently the Managing Partner of Fox Mandal & Associates) in civil and commercial litigation cases. I always had an affinity towards company law related matters and got the opportunity of watching stalwarts such as P.C. Sen and B.K. Bachawat (to name a few) prepare and argue for matters. As time went on I found an interest in transaction documents and started honing my skills at drafting transactional documents. The most memorable assignments which I worked during those days were an infringement action against the makers of the T.V. Series “Karishma” and by first Admiralty Matter relating to the arrest of a vessel named “M.V. Stella Th”. An assignment involving setting up of the “Kolkata West International City” project also was extremely challenging and memorable. After an initial year or so with Mr. Shuva Mandal I worked with Mr. Kaushik Mandal and thereafter with Mr. Shourya Mandal (currently Co-Managing Partner of Fox Mandal & Associates). Mr. Shourya Mandal reposed utmost trust and faith in my abilities and provided the support and encouragement to achieve where I stand today. His contribution and guidance is a continuing process till date. 

    It would be incomplete if I did not mention the knowledge I acquired from two Senior Counsels of Calcutta High Court, Late Pratap Chatterjee and Mr. Ranjan Bachawat in course of the innumerable matters I had the good fortune to work with. They always took the effort to explain, reach and reprimand me. I thank them for the affection and time they contributed through their busy schedules in shaping my growth. Though Late Pratap Chatterjee is no more, all like me who happened to have the good fortune of working with him shall miss his presence for the rest of our lives.

    What drives your passion for the field of law? What aspects of the profession do you find most fulfilling?

    The passion for law is the biggest mystery for most lawyers which cannot be deciphered and /or reasoned. Maybe it is the uncertainty of things and outcome which attracts. It is a relentless drive forward to learn, practise and achieve greater milestones each day. Even the sky probably would not be the limit of this drive. The most fulfilling aspect of the profession is the scope to be innovative on the application of law and strategy. There is nothing sweeter and satisfying than the closure of a hard worked on transaction or a toughly fought and contested litigation ending in your client’s favour. The comradery and respect among colleagues, juniors and seniors is also overwhelming. Being a part of the vast legal community has always been like being part of a mammoth family which in a very unique way assures you that you belong here and that there is scope to learn and improve every day. 

    What are your primary practice areas within the field of law? Could you briefly explain what each area entails and why you chose to specialize in those particular areas?

    The primary practice areas are Corporate Law and related dispute resolution including Arbitration. Civil Commercial Litigation and Insolvency. Company Law was a subject and continues to be a subject which I have always been attracted to. The flow of events from the shaping of a transaction / deal to the situation where occasionally parties to a transaction, in course of time, fall apart for various unprecedented reasons leading to a situation of dispute resolution or litigation require parties to avail legal services. I would simply say that I find myself most comfortable and can express myself best in these situations and hence specialization to me in these verticals came quite naturally.

    Throughout your career, what are some of the most valuable lessons you’ve learned as a lawyer? Are there any specific cases or experiences that had a profound impact on your professional growth?

    The legal profession is definitely a marathon which spares no one. It takes a “lambi race ka ghora” to make the most of what this profession offers and succeed here.  The important lessons learnt are to respect colleagues and seniors, be patient, value time and the importance to develop a disciplined and methodical work approach. It is also essential to learn and improve from your experiences each day. Professional growth comes each day with experience and time spent on matters. However, there have been a few cases involving personalities and complex situations which have made a difference. In recent times the resolution of Rohit FerroTech Limited by Tata Steel under the Insolvency and Bankruptcy Code was an assignment which was satisfying. Another recent matter involving resolution of disputes between promoters of Switz Foods and other shareholders was nice experience.

    What advice would you give to individuals who are considering a career in law? Are there any misconceptions about the profession that you would like to address?

    A career in law is to be chosen out of passion and the will to be a part of the large legal fraternity. Accumulation of wealth by seeing the success of established individuals should never be the criteria, they can only be an inspiration to fuel one’s desires to succeed and become better lawyers. I believe that there are no shortcuts to long lasting success here in the legal profession and people must have the aptitude for taking the grind for the long haul. Every aspiring individual considering a career in law must have patience and the will to sacrifice their time spent on recreation, friends, relations and relatives and pursue their passion of making a place in this vast legal fraternity by devoting all his mind, heart, body and soul to this noble profession. Patience coupled with the ability to sacrifice along with the will to survive and put all that one can to the demands of the legal professional is extremely essential for making a career. 

    Lastly, what advice would you like to give to fresh graduates who are entering the legal profession? What key skills or qualities should they focus on developing, and what strategies can they employ to succeed in their early years as lawyers?

    Fresh graduates need to choose where they want to be and what they want to achieve wisely. They should in today’s times dig / see deep within themselves and decide whether they have the aptitude for practising as a legal counsel at the various courts and tribunals comprising the framework of the judiciary or should they join a law firm for practising in a vertical of their choice such as Corporate law, Real Estate, Banking & Finance, Dispute Resolution etc. Some may even opt to make a career in a Corporate House as legal assistants and become a General Counsel with time.

    As for strategies irrespective of where one is and which vertical one opts for, success comes for the ones who have the will to passionately and diligently meet the requirements and demands of their profession. The passion and will to succeed must burn under all circumstances and be backed up by disciplined and consistent hard work. The ability to work and adjust with a team, various people and going forward build a team is also extremely essential. It is also an appreciated quality and essential to be ethical in practices adopted with clients, colleagues, seniors, juniors and other people associated with the legal fraternity. 

    Get in touch with Orijit Chatterjee-

  • Upholding professionalism and ethical standards is essential for a successful legal career- Vinay Butani, Partner at Economic Laws Practice (ELP)

    Upholding professionalism and ethical standards is essential for a successful legal career- Vinay Butani, Partner at Economic Laws Practice (ELP)

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

    Sir, please  you tell us about your journey and how you ended up practicing law, specifically in the field of Corporate & Commercial, Private Equity & Venture Capital?

    Before deciding to specialize in of corporate and commercial law, I embarked on a journey that involved several internships and experiences in various legal fields. These experiences allowed me to explore different areas of law and gain valuable insights into the legal profession.  As I progressed through my studies, I continued to seek internships that aligned with my evolving interests. By my fourth year, I had gained substantial exposure to corporate law through internships in law firms specializing in corporate and commercial matters. These experiences allowed me to work closely with experienced lawyers and professionals in the field, exposing me to the intricacies of corporate transactions. Throughout these internships, I found myself captivated by the fast-paced and dynamic nature of Corporate & Commercial law. I was drawn to the complex challenges and strategic considerations involved in advising businesses and facilitating transactions. The opportunity to work closely with brilliant seniors who advised entrepreneurs and established companies in their pursuit of growth and success appealed to me greatly.

    You have worked on various corporate and commercial transactional matters across sectors such as healthcare, media, and fintech. Can you share some notable experiences or cases that have shaped your expertise in these areas?

    Throughout my career, I have had the privilege of working on a diverse range of corporate and commercial transactional matters across sectors such as healthcare, media, and fintech. Each transaction has presented unique challenges and opportunities, and I have gained valuable expertise through these experiences.

    One notable experience that comes to mind is a healthcare transaction where I represented a medical technology company in its acquisition of a smaller healthcare startup. This transaction involved intricate negotiations, due diligence, and regulatory considerations. It was a complex process that required a deep understanding of the healthcare industry, as well as expertise in drafting and negotiating the acquisition agreement. During this transaction, I had the opportunity to work closely with both the acquiring company and the startup. I had to balance the interests of my client, who sought to expand its product portfolio, with the concerns and objectives of the startup’s founders. Through careful negotiation and creative problem-solving, we were able to structure a deal that satisfied both parties and facilitated a successful acquisition.

    In the fintech sector, I had the opportunity to work on a venture capital investment deal for a promising startup that aimed to revolutionize payment processing. This transaction involved multiple rounds of funding, negotiations with venture capital firms, and extensive due diligence. It was crucial to ensure compliance with regulatory requirements and address investor concerns while protecting the interests of the startup. Throughout this transaction, I learned the importance of meticulous due diligence and effective communication among all parties involved. By thoroughly analyzing the legal and financial aspects of the startup, we were able to identify potential risks and develop strategies to mitigate them. The end result was a successful investment deal that provided the startup with the necessary funds for growth and the investors with an opportunity for significant returns.

    These notable experiences, along with numerous other transactions, have shaped my expertise in corporate and commercial law. Each transaction has been a learning experience, allowing me to develop a deep understanding of the sectors I work in and refine my negotiation and problem-solving skills. My approach has always been solution-oriented, aiming to find mutually beneficial outcomes for both sides of the parties involved, while ensuring legal compliance and protecting my client’s interests.

    Your work includes advising Fortune 500 companies on corporate and commercial transactions. What are some of the key challenges or considerations when dealing with domestic and cross-border collaborations in India?

    When dealing with domestic and cross-border collaborations in India, there are several key challenges and considerations that arise. These challenges stem from the unique legal, regulatory, cultural, and business landscape in India. India has a complex regulatory framework, and it is crucial to navigate various laws, regulations, and policies to ensure compliance. Key areas of consideration include foreign exchange regulations, company law,  taxation and sector-specific regulations. Understanding and adhering to these regulations is vital for a successful collaboration.

    How has being featured in ALB India Rising Stars 2023 impacted your career and professional growth?

    On a personal level, being featured in this distinguished list has provided validation and motivation. It is a testament to the hard work, dedication, and passion I have invested in my legal career and the faith that the organization (ELP) has on me. The recognition has reinforced my belief in my abilities and has inspired me to continue striving for excellence and making significant contributions to the legal profession.

    In your experience, what are some of the key factors that contribute to a successful joint venture or strategic alliance between companies, both domestically and internationally?

    As a general thumb rule – a successful joint venture or strategic alliance between companies (domestically or internationally) require the parties to have a shared understanding of their objectives and a clear vision for the partnership. This includes identifying the specific goals, synergies, and benefits that each party expects to achieve. Ensuring alignment at the outset minimizes potential conflicts and sets the stage for a successful collaboration.  Once the objectives are clear, establishing a robust governance framework is crucial for effective decision-making and conflict resolution. Clearly defining the decision-making process, roles, and responsibilities of each party ensures efficient management of the joint venture or alliance. Finally, tailoring the agreement based on the above is crucial to avoid ambiguity and potential conflicts.

    As a lawyer practicing in the corporate and commercial sector, what are some common legal challenges or issues that businesses face when entering the Indian market?

    Key areas of consideration that generally need to analyze are foreign exchange regulations, company law,  taxation and sector-specific regulations. Understanding and adhering to these regulations is vital for a successful collaboration. However – despite these areas of consideration, India presents numerous opportunities for businesses looking to invest and expand. With its large consumer base, emerging sectors, and government initiatives, India continues to attract companies seeking growth. By addressing these legal challenges and working closely with legal professionals who are well-versed in Indian laws and regulations, businesses can navigate the Indian market successfully and unlock its vast potential.

    Lastly, based on your experience and expertise, what advice would you give to fresh law graduates who are aspiring to build a successful career in the field of corporate and commercial law, particularly in India?

    If I must chronologically respond to the above Seek Mentorship: 

    • Find mentors who have excelled in the field of corporate and commercial law. Their guidance, support, and insights can be invaluable in navigating your career path, understanding industry nuances, and making informed decisions. Learn the good, ignore the rest.  Remember, the legal fraternity is very small – people will always remember how you are to others.

    • Cultivate Professionalism and Ethical Standards: Upholding professionalism and ethical standards is essential for a successful legal career. Maintain integrity and develop effective communication and interpersonal skills to establish trust and build strong professional relationships.

    • Gain Practical Experience: Seek out internships and practical experiences in law firms, corporate legal departments, or relevant organizations. Practical exposure will provide you with invaluable insights into the field, help you understand the real-world application of legal principles, and develop essential skills .Specialize and Continuously Learn: Corporate and commercial law is a vast and dynamic field. Consider specializing in specific areas such as mergers and acquisitions, contracts, intellectual property, or securities law. Continuously update your knowledge and stay informed about changes in laws, regulations, and industry practices through seminars, workshops, professional development programs, and legal publications.

    • Develop Business Acumen: Understanding the business context is crucial for corporate and commercial lawyers. Gain a solid understanding of business fundamentals, financial statements, market trends, and industry-specific knowledge. This knowledge will enable you to provide practical and commercially viable legal advice to clients and contribute to their overall business objectives.

    • Develop Strong Legal Research and Drafting Skills: Corporate and commercial law requires excellent research and drafting skills. Practice conducting thorough legal research, analyzing case law, and applying legal principles to complex situations. Hone your drafting skills by preparing well-structured and concise legal documents, contracts, and agreements.

    • Embrace Technology and Innovation: The legal industry is evolving, and technology is playing an increasingly significant role. Familiarize yourself with legal tech tools, research databases, document management systems, and other technology solutions that can streamline legal processes and enhance efficiency. Embracing technology and innovation will make you a valuable asset in the evolving legal landscape.

    • Be Resilient and Adapt to Change: The legal profession can be demanding and challenging. Cultivate resilience, the ability to adapt to change, and a growth mindset. Embrace new challenges, learn from setbacks, and continuously seek opportunities to expand your knowledge and skills.

    Remember, building a successful career takes time and dedication. Be patient, embrace opportunities for growth, and stay passionate about your chosen field. With perseverance, continuous learning, and a proactive approach, you can forge a rewarding and successful career in corporate and commercial law in India.

    Get in touch with Vinay Butani-

  • In law, never comes a day, when you can say ‘I know it all’ – and so is probably in every field, so keep learning everyday and keep updating yourselves- Vidya Sunderam, Principal Associate at Cyril Amarchand Mangaldas

    In law, never comes a day, when you can say ‘I know it all’ – and so is probably in every field, so keep learning everyday and keep updating yourselves- Vidya Sunderam, Principal Associate at Cyril Amarchand Mangaldas

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

    Ma’am, please tell us about your journey and how you ended up pursuing a career in law? What motivated you to choose this profession?

    I come from a non-lawyer background. After finishing school, I was almost about to join Delhi University for a degree in economics when my mother suggested me to attempt giving entrance for law. I went ahead, gave a few entrance exams (no CLAT back then), got admission in a couple of law schools and joined Amity Law School (GGSIP University) as it was in my hometown Delhi. It took a few semesters to know ‘law’ as a subject and then internships to know how it is practiced. Back in law school my subjects of interest were company law and IP, and when I started writing blogs while in law school, I started enjoying these subjects so much so I pursued corporate laws since then, with an inclination towards commercial contracts. 

    Your field of practice includes general corporate, M&A, and corporate advisory. Can you explain your role and core practice areas in more detail? What kind of work do you typically handle within these areas?

    General corporate as a practice area is vast. My core practice areas are handling acquisition transactions, domestic as well as cross border, both from sell side and buy side – this would include conducting due diligence (on the target or a vendor diligence), handling transaction documentation; handling disinvestment transactions; advisory and structuring foreign investments; advisory on a wide range of corporate and commercial law matters for listed and private companies, including company law and SEBI regulations with core focus on regulations on listing, insider trading, and takeovers.

    Transaction structuring and drafting transaction documentation seem to be a significant part of your expertise. Could you elaborate on the types of agreements and documents you typically deal with?

    Each transaction involves detailed structuring, which depends on a lot of factors such as the objective of the transaction, funding methodology, residency status of parties, legal restrictions including permits from regulatory authorities, tax implications etc. Once the transaction framework is finalised, parties proceed to execute the transaction documents (commonly referred as definitive agreements). It is preferable to first negotiate and execute a term sheet wherein the parties agree broadly on the terms and conditions, and follow up the same with detailed definitive agreements. The type of definitive agreements to be executed depends on the transaction – whether a share transfer, share subscription, asset transfer, business transfer, merger, demerger etc. I primarily handle transaction documentation for acquisitions and restructuring, for listed and private companies, and have also handled prominent disinvestment deals involving public sector companies. Transaction documents I usually draft include share purchase agreements, share subscription agreements, asset purchase agreements, business transfer agreements, joint venture agreements, business cooperation agreements, framework agreements etc., along with several ancillary documentation. The drafting style varies based on who you are representing, the objective, facts and circumstances of the matter, and seek protective provisions accordingly. 

     Due diligence is an essential task when evaluating a transaction. Which sectors have you conducted due diligence reviews for, and what are the key aspects you look for during the process?

    Yes, due diligence is an essential part of an M&A transaction and is highly recommended. It is only when a due diligence review is conducted, that an investor gets to know the target closely and can help negotiate the deal and include protective measures in the transaction documents. I have conducted diligence review on several companies engaged in sectors such as manufacturing, power, healthcare, FMCG; services; hospitality; IT etc. A legal diligence report is an encyclopaedia on the target’s legal compliance status, and typically involves a review of the target’s corporate compliance, contracts, licenses, employees, properties, intellectual property, litigations etc. Transaction document negotiations depend a lot on the outcome of the diligence. In a diligence, one highlights to the client any risks they may face if they into the transaction. It is very important to highlight solutions/ mitigation for each risk highlighted in the report without which the report is certainly incomplete. It is also necessary to ensure that diligence is completed in a time bound manner so that the definitive agreements are negotiated and executed taking into account any risks. 

    What advice would you give to fresh law graduates who are just starting their careers? What are some key qualities or skills they should focus on developing?

    Fresh law graduates must remember that first and foremost it is important to be and remain focused. Spend the initial years of your career in developing a deep understanding of your practice area and the laws relating to it. I know that in the initial few years, there are many lawyers who get confused on which practice area to choose. Now here comes the role of your seniors and also your patience. Be willing to explore, but be patient to learn and put in 100% effort. If you still think you need a change, do that, provided you again put in 100% effort. In law, never comes a day, when you can say ‘I know it all’ – and so is probably in every field, so keep learning everyday and keep updating yourselves. What is also important is to never get disappointed. It is a long journey and there is space for all. Some key qualities or skills if you ask me are: discipline, willingness to learn, updating yourself every day, hard work (also smartwork), being a team player, and time management. To all the fresh law graduates – keep up the enthusiasm and yes, you have chosen a great profession and you are going to get into a great professional journey.

  • The quality of the legal profession is that you face new challenges in every matter and you never feel monotonous-Varun S. Ahuja,Partner at Ahuja Law Offices

    The quality of the legal profession is that you face new challenges in every matter and you never feel monotonous-Varun S. Ahuja,Partner at Ahuja Law Offices

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

    My father is a practicing lawyer who had an established legal practice. From early age when I used to visit my father’s office, I used to see the respect, which my father commanded. So, from my child hood I aspired to be a lawyer.

    You have obtained a Bachelor’s degree in law from I.P. University and completed your Masters at George Washington University. How have these educational experiences shaped your understanding of the legal field and influenced your career?

    The mode and technique of teaching law of both the universities is completely different. In my case, I can say that both of them complemented each other. While in IP University it was more of bookish knowledge in George Washington University it was more research-based knowledge. In IP University I studied keeping exams in mind, which was usually when exams were approaching. Whereas in George Washington University I had to study before each and every lecture and used to end up spending double the time of lecture to prepare for class. If you don’t study before the lecture you are not able to understand the lecture. In George Washington University they encourage you to ask questions and method of teaching is more interactive.

    You have extensive experience in commercial dispute resolution, arbitration, and corporate advisory. Could you tell us about some of the high-profile cases you have been involved in? What were the challenges you faced, and how did you navigate them?

    The firm is handling work of about 25 corporate clients. There are multiple high profile matters our firms are handling. I will share about one matter before NCLT Mumbai in this matter director ship of a director was cancelled on account of non-compliance of certain provision of Registrar of Companies. The said director took an interim injunction from NCLT regarding his expulsion from Board of Directors as the said director held a significant minority shareholding. We took up the matter on behalf of the company and presented before the court as to how our act is influenced by directives of Registrar of companies and was justified in the circumstances and it was not a case of suppression of minority shareholder. The Hon’ble court was pleased to vacate the injunction order and had decided the matter in our favour.  

    You have authored several articles on various legal topics. Could you give us an overview of some of the key subjects you have covered in your articles? Why did you choose to write on these specific topics, and what impact do you hope they have on the legal community?

    Most our articles have been on Arbitration, Contracts, Commercial Laws and Company Law These topics were chosen keeping in mind that they are my strength area with objective to make people and in-house counsel enlightened about the legal nuances of these subject. At Ahuja Law Offices we believe that knowledge increases by sharing and when we write on a subject the subject attains more clarity in our own mind.

    In your experience, what are the essential qualities and skills that a successful advocate should possess? How have you cultivated these qualities throughout your career?

    An advocate should always post questions and find answers. One needs to develop an analytical bent of mind and logical thinking. Reading and research is essential in legal profession. One should not forget that law is based on logic and necessity. One has to think out of the box to get relief for their clients. You have to give advice to your clients based on what is in best interest of your client and have to win the client’s trust.

    The legal landscape is constantly evolving. How do you stay updated with the latest developments and changes in the field? Are there any specific resources or strategies you would recommend to aspiring lawyers?

    One has to keep oneself updated with regard to legal and economic developments in his field of practice. For commercial litigation one should go through business newspapers and magazines to understand new issues that are arising in the business field and should work on solution for the same.

    Can you share a memorable case or moment from your career that has had a significant impact on you personally or professionally? How did it shape your approach to practicing law?

    Every matter has its own importance and you learn new things from each and every matter. The quality of the legal profession is that you face new challenges in every matter and you never feel monotonous. In my collage days I was interning with Mr. Sidharth Luthra, Senior Advocate, at that time Mr. Luthra was handling matter on behalf of Facebook. In that matter I learnt on what arguments a lawyer should focus and how a lawyer has to cover the weaknesses of the case, while arguing a matter before court.

    Based on your knowledge and experience, what advice would you give to fresh law graduates who are just starting their careers? What are some important factors they should consider as they enter the legal profession?

    They should understand that there are no short cuts to success in legal profession. For first few years a budding lawyer should concentrate on learning work and developing skills. When they know the work money will start flowing automatically. If they will focus on money part in the initial years then they will not make the progress in the profession they deserve.

    Gin touch with Varun S Ahuja-

  • The legal field is going to be challenging in the start no matter what one may choose to be their practice area- Divya Hazra, International Corporate Lawyer and Co-Founder, Esplora Consulting Law Firm

    The legal field is going to be challenging in the start no matter what one may choose to be their practice area- Divya Hazra, International Corporate Lawyer and Co-Founder, Esplora Consulting Law Firm

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

    Ma’am, can you please tell us about your educational background and how you ended up pursuing law at Columbia Law School?

    I moved to Mumbai in 2008 to pursue my bachelors in law degree from Government Law College (GLC). After graduating from GLC Mumbai I started my career in the real estate team of the law firm Wadia Gandhy & Co. post which I joined the real estate team at JSA during the course of which I also got the opportunity to work on a few corporate deals. It is during this transition that I realised that I truly enjoy corporate law. To further hone my skills in corporate law, I decided to pursue my masters at Columbia Law School, New York where my course work was focused on corporate law.

    You co-founded a boutique law firm in Shanghai tailored to serve Indian multinational companies. What motivated you to establish this firm, and what challenges did you face in the process?

    When I moved to China, I got the opportunity to engage in a lot of business development activities. It is at this stage that I realised that along with being a lawyer I thoroughly enjoyed being an entrepreneur as well which made me want to explore the business side of the legal industry more. This is what motivated me to establish a firm along with my partners from Central Asia and China. 

    The legal industry is extremely competitive as there are so many players in the market. Considering my firm is relatively new in the market, we always have to go the extra mile to gain the trust of our clients to get more engagements from them. This continues to be a challenge but at the same time motivates my whole team to deliver better results.

    During the course of your career, you have had the opportunity to represent large private equity funds, corporations, and banks in domestic and cross-border transactions across China, India and USA. Could you share some of the most memorable or impactful transactions you’ve worked on and the lessons you’ve learned from them?

    While I was working at Trilegal, we represented the Edelweiss Group on an investment of USD 75 Million from Kora Management. This transaction till date has been the most challenging yet impactful transaction for me so far as this investment was spread across multiple business lines under the Edelweiss Group and some being in the financial sector was heavily regulated. The timeline for this deal was also very short which added to the complexity. Despite these challenges, I learnt how to manage strict deadlines and drafted complex deal documents which helped me grow as a corporate lawyer. 

    As for China, my whole experience has been a huge learning curve. Not only does language add a challenge but also having to learn the nuisances of practicing law in a civil law country has been extremely challenging yet exciting at the same time.

    You have been recognized as one of the “Top 10 Women Leaders from China” by Women Entrepreneur Magazine in India. Can you tell us about your experience as a female leader in the legal field and any challenges you have faced?

    Being in an industry which is primarily male dominated is challenging as there are some unconscious bias which exist. However, I think I have been fortunate to have worked with the right people and right team who have always seen the value I can bring to the table despite being of the opposite gender. That being said in a few instances where I have felt that bias, I have not shied away from being outspoken and standing up for what I am deserving of. 

    Lastly, based on your experiences and success in the legal field, what advice would you give to fresh graduates who are considering a career in law?

    The legal field is going to be challenging in the start no matter what one may choose to be their practice area. It is however through consistency and hard work that you can excel in the field of law. Like they say “there are no short cuts to success” and in my experience this is particularly true if one is considering a career in law.