Super Lawyer

Tag: Corporate Litigation

  • I feel that young professionals nowadays are very creative and confident, but along with that, I would say the ability to focus and be diligent with each assignment – however small or big it may be, is extremely important- Jacqueline Aikin, Partner at Solomon & Co.

    I feel that young professionals nowadays are very creative and confident, but along with that, I would say the ability to focus and be diligent with each assignment – however small or big it may be, is extremely important- Jacqueline Aikin, Partner at Solomon & Co.

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

    Ma’am, can you tell us about your journey and how you ended up pursuing a career in law, particularly in the corporate and commercial sector? 


    I was born and raised in Pune for the most part. Law just happened – I guess I owe it to the great institution in Pune – ILS Law College. I pursued CS and piano from Trinity College, London through school and college.   

    Through college years, I kept hearing that the legal profession is not for Pune, unless you know the local language well and want to pursue real estate law. I had an interest in business laws and had my eyes set on corporate. Bajaj Allianz was my first corporate job and after that, I moved to Suzlon Energy Limited at their corporate headquarters in Pune.  

    In the formative years of my career, I focussed on contracts, business risks and mitigation, and learnt that the key to understanding and working on a transaction is to “join the dots” factually and legally. Being in an in-house role, one can contribute effectively as a lawyer, once you understand the business. I worked extensively with cross functional teams and gained experience across the entire wind and solar industry value chain – right from IPR to supply chain management to project sales and execution, operations and maintenance. I also had the opportunity to work on some great corporate and cross border transactions and worked with some great professionals across the renewable industry as well as law firms. 

    With over 16 years of experience in law firms and in-house roles, what have been the highlights of your career so far? Could you share some key assignments or projects that you have worked on?

    Well, there are many such assignments, but to name a few that come to my mind right now  – once I was negotiating a supply contract with a supplier in Germany. Their lawyer refused to reason on any point, since he came with a “legal rule book”. There was no ability to negotiate with the lawyer at all, and the next round of negotiations happened with their business team – and we had very constructive discussions thereafter. This is why I always feel that we can’t just be lawyers without a business understanding, as it’s not efficient at all. I also enjoyed discussing litigation strategy with international counsels and negotiating settlements for the company. One of my most exciting negotiations was with a Spanish entity who didn’t understand a word of English. I was representing an entity that couldn’t fulfil their contractual obligations due to business constraints. We used a translator and hours of discussions later we settled a 12 Million Euro claim for a small percentage of it! I also enjoy working on renewable energy project contracts, as one has to factor in various dynamics of these vast projects, bearing in mind their long term impacts.

    You have cross-border exposure in various regions such as Europe, USA, UK, Brazil, Middle East, South Africa, Australia, Israel, and Southeast Asia. How has this global exposure influenced your approach to practicing law, and what challenges and opportunities have you encountered while working across different jurisdictions?

    Suzlon gave me a great global exposure, especially in dispute resolution and contract negotiations. It is important to understand the business dynamics, as it helps in negotiating contracts effectively as well as supporting  litigations wearing the business-legal hat. This also helped me to achieve many settlements of cross border disputes amicably.

    2 years into my professional career, I began travelling abroad and worked across Germany, Netherlands, Spain, UK, USA, Dubai and Singapore to negotiate transactions and support litigation, working with law firms across these regions. As a young lawyer this certainly does give you a high! Working with in-house counsels and law firms across the world also helped me improve my standards and quality of drafting and understanding of various cross border laws and their implications in the Indian context. I also really enjoyed traveling so there was overall learning and professional development on many fronts.

    What made you move from an in-house counsel to a law firm in Pune?

    Having worked for over 10 years as an in-house counsel, we would keep approaching laws firms outside of Pune for legal support. There seemed to be a void for good corporate law firms in Pune. Back in 2017, Pune corporates were expanding, the IT business was thriving, manufacturing set up was expanding in and around Pune, many foreign companies were setting up shop in Pune and the foreign investments were certainly boosting Pune’s economy. This is what made me explore opportunities to set up a law firm practice in Pune, and I soon joined Solomon & Co., to set up their Pune practice. 

    What according to you is the difference between an in-house legal role and law firm experience?

    Work wise, we had quite an extensive and in-depth approach to transactions even as an in-house counsel, so transitioning to a law firm wasn’t tough in that sense. What was challenging was developing the practice, in a city like Pune where people were either accustomed to not working with lawyers at all (unless there was a dispute) to only working with Tier A firms for corporate transactions.  

    Persistence paid and our first retainer mandate was a huge celebration indeed. The second biggest success was when we achieved our targets in Pune the first time.! It was indeed recognition for our hard work,  perseverance and the trust our valued clients had instilled in us. It has been over 5 years since we set up the Pune office, and I can say that I have been able to successfully develop a strong corporate and commercial practice in Pune, focusing on corporate advisory, M&A, private equity, joint ventures, collaborations, inbound and outbound investments and commercial contracts. Additionally, as a renewable energy lawyer, I have been supporting several renewable energy companies for Project contracts, procurement and consultancy agreements and technology collaborations for wind and solar energy. So, while we don’t focus on any particular industry as such, being in Pune I have been able to develop a strong practice in the renewable energy and automotive sector, and have been working closely with several renowned corporates in Pune. 

    As a result-driven individual with strong interpersonal skills, communication abilities, and positive work ethics, how do these qualities contribute to your success as a lawyer? How do you leverage these skills to build relationships with clients and achieve their objectives effectively?

    I would say that these qualities are very important to be a sound professional. While building the practice in Pune, as much as I was representing the brand of the law firm, I was also representing myself as a brand. This meant that only did I have to go all out to pitch for work, but follow it up by delivering a good work product. I have been consistently supported by a great team of talented lawyers here in Pune, and have tried to imbibe similar qualities in each of them. After all, if the quality of your work is good, you build credibility with your clients, and build your practice at a consistent pace. I guess this has been the driving force behind our growth story!

    Lastly, based on your experience and insights gained throughout your career, what advice would you give to fresh graduates or aspiring lawyers who are just starting their journey in the legal field, especially in the corporate and commercial sector? 

    I feel that young professionals nowadays are very creative and confident, but along with that, I would say the ability to focus and be diligent with each assignment – however small or big it may be, is extremely important. Additionally, for lawyers, the way to provide sound legal advice to my mind is – reading every contract, case or transaction document in detail along with the law and business requirements. 

    My dad is a retired army officer and he taught me the “never say never attitude”. I learnt from him that hard work and maintaining relationships and goodwill is the key to success! And my mum taught me the important quality of “humility”. These value systems have guided me throughout my career, to tell a tale of perseverance, patience and hard work. My professional stints have been long term and stable, as success to me is beyond the numbers. 

    To the young ones, I’d finally say that the number game is definitely tempting, but it all falls in place at the right time if you have a diligent and persevering outlook. Like they say, “great things come from hard work and perseverance”. There are no shortcuts to success!

    Get in touch with Jacqueline Aikin-

  • I would strongly suggest my peers and other senior colleagues to dedicate some time every month to speak to some law students/younger lawyers and address their queries/concerns. Trust me, you will get more than you will give- Suadat Ahmad Kirmani, Partner, IndusLaw

    I would strongly suggest my peers and other senior colleagues to dedicate some time every month to speak to some law students/younger lawyers and address their queries/concerns. Trust me, you will get more than you will give- Suadat Ahmad Kirmani, Partner, IndusLaw

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

    Sir, please tell us about your journey and how you ended up pursuing a career in law, specifically in the field of dispute resolution and advisory services?

    Law was not something that I planned to pursue. In fact, when I was in school, I wanted to join the Air Force and hence took up Physics, Chemistry and Mathematics as my subjects. However, I could not pursue that. Then the obvious choice was engineering, given my PCM background although I was not excited about the same. Having been an avid debater in school with a flair for writing, my friends and family used to joke about me becoming a lawyer someday. After a few discussions with my family, I decided to study law. 

    The journey has been full of ups and downs as with most of us. However, I have had the privilege of working with some fantastic lawyers who mentored me and helped me learn the ropes. I started back home in Srinagar in the trial courts which is the bedrock that I have built my career on. After spending little over a year in Srinagar, I moved to New Delhi and took up a corporate job. This was for two reasons – one was to get a flavor of something different than litigation and secondly, to be able to support myself while I found a decent chamber/firm which would take me. My focus, though, was always dispute resolution. In fact, in my college years, I interned only with Disputes teams. I have always loved litigation and arbitration right from my college days and that is where I always wanted to be. Further a lot of the clients that I represent include public sector undertakings which, apart from regular litigation and arbitration work, rely a lot on us to guide them in contract management and claims management which form a part of the advisory services. Advisory is not limited to only providing legal opinions but has many facets like analysing the merits of the case before initiating any form of Dispute Resolution mechanism, and sometimes dispute avoidance advisory etc. In fact, nowadays, advisory has become an important part of our work which no lawyer can escape from.

    With over 11 years of experience in arbitration, construction disputes, civil commercial litigation, and other areas of law, what initially attracted you to these areas of specialization?

    While I always knew that I wanted to be a litigation lawyer, I did not think of any specialisations. In fact, I still don’t think I have ‘specialised’ in any one stream of Dispute Resolution but certainly have done some types of matters more than others. The process of getting involved in arbitrations and construction disputes was very organic though unplanned. The team that I was a part of was involved in many high-stake construction arbitrations and that’s how I was introduced to this area of law. I was intrigued by the techno-legal aspects of these disputes which developed my interest further.

    As a highly experienced legal professional, you have represented a wide range of domestic and multinational clients in various courts, tribunals, and arbitrations. Could you share some notable cases or experiences that have shaped your career?

    Each case has taught me something new which had a huge impact on my career. However, there were few cases which were more challenging than others and required not only law related solutions but grasp of technical aspects as well. In this context, I would share the first case that I worked on where we were representing a very important Public Sector Undertaking which was tasked with developing the test tracks and related facilities in India. This case was unique for many reasons but most importantly this kind of work was being executed for the first time in India and the contractors had no prior experience in executing such contracts. Therefore, there were many issues ranging from scope of work to procurement to civil works etc and the claim amount was also huge. At the beginning, I had no clue about anything but as the time went on, I picked up things including the technical ones. I had a very supportive Partner that I was working with, and the clients were there to answer my queries as well. This was the case that drifted me towards infrastructure disputes and rest, as they say, is history. After observing my work for a couple of years, I was nominated by the Firm, that I was a part of at that time, to undertake a course on construction project management from RICS Academy which was very helpful in further understanding the deeper concepts of infrastructure projects.

    You have advised foreign companies on their projects in India and represented them before arbitral tribunals and courts. What unique challenges or considerations arise when working with international clients and navigating cross-border legal disputes?

    Advising international clients is always a different experience and comes with its own set of challenges. For example, when I was part of the China Desk at one of my previous offices, one of the major issues was the language barrier. It can be more challenging than we think. Then comes the difference in legal systems. It becomes difficult to explain how the courts work in India. Further, managing expectations is also a challenge like when they bring the knowledge of their legal systems and try to implement that in our system. One incident I remember is while I was advising a Chinese company in a case for recovery of some dues from an Indian company, the client asked if I could file an application seeking directions from the court that the debtor company’s promoter cannot fly business class, go to expensive restaurants or party in high end clubs until he has cleared his debts. It took a lot to explain to him that we do not file such applications in India. I must add that cross border arbitrations are smoother than litigation matters though. However, I strongly suggest that whenever an opportunity to work on a cross border dispute is presented, lawyers must take it up. This will give you an insight into the foreign legal systems as well as provide valuable experience of working with international clients which nowadays is required as the world continues to shrink into a global village.

    In addition to your legal practice, you have also been actively involved in speaking at conferences, delivering lectures, and co-authoring legal publications. How do these activities contribute to your professional growth, and why is it important for you to share your knowledge with others in the legal community?

    I believe it is imperative for all of us to share our knowledge with the younger generation of lawyers. Personally, I enjoy speaking to young minds at colleges and younger lawyers. They are full of energy and have so much to offer and the sheer passion in them is inspiring. They have a lot of brilliant ideas but lack the experience which is where an experienced professional can contribute to their growth. This also helps me in keeping up with what is happening in their world which enables me to be a better colleague specially to my younger colleagues. I also believe it is my way of giving back to the legal community, be it in the form of speaking at seminars, conferences or writing articles. I would strongly suggest my peers and other senior colleagues to dedicate some time every month to speak to some law students/younger lawyers and address their queries/concerns. Trust me, you will get more than you will give. 

    As a partner in IndusLaw, one of India’s premier law firms, could you tell us about your current role and responsibilities? What are some of the key aspects of your work that you find most fulfilling or challenging?

    Response: Being a part of the Disputes team, my day is like that of any Disputes lawyer, i.e., courts, conferences, meetings, reviewing of drafts etc. Apart from the regular court work, as a Partner, you lead a team which looks up to you for your experience and guidance. So, guiding the team, helping them out and the overall management of the team form an essential part of the work. Different members of the team come with different experiences and skill set. So as a Partner, I must be conscious of the same and ensure that we take everyone along and provide proper guidance and help to the team members. 

    I think what I find most challenging and fulfilling at the same time is the work we do. When you help a client in resolving their issues, it is extremely fulfilling. I also feel happy when I see my younger colleagues taking on more responsibilities and doing well in the courts. The challenges aren’t different from what you would face at a chamber, for example., ensuring quality work while meeting the committed timelines. 

    Throughout your career, you have worked on a wide range of legal matters, from commercial litigation to mergers and amalgamations, infrastructure projects, and white-collar crimes. How do you manage such diverse areas of practice, and what skills or qualities do you believe are crucial for success in handling such complex cases?

    Response: There is no shortcut or a fixed formula to be able to work on such diverse areas of practice. One of the most important virtues that one must inculcate is patience. It is not possible to achieve everything at the same time. Give it time. Take up one thing at a time. Give it your best and master it. Law practice is like a marathon and not a sprint. The required skills are, of course, the knowledge of relevant laws, ability to research and formulate the points in a cohesive and easy-to-understand manner, and good drafting skills. The good thing is that these skills are coachable, and you will have a lot of help to learn these skills. However, what you must have in addition to these skills are certain qualities, i.e., ability to work hard, integrity, and honesty. If you lack these, no amount of skill or knowledge would come to your rescue. 

    Given your experience in the legal field and your involvement in the Young IAMC Steering Committee, what advice would you give to fresh law graduates who are starting their careers? Are there any specific skills or areas of focus that you believe would be beneficial for them to develop?

    ADR mechanisms like arbitration and mediation are now preferred modes of dispute resolution. However, there is a huge dearth of professional mediation practitioners in India as well as subject matter expert arbitrators which means that there are ample opportunities for the upcoming lawyers to take up these areas and eventually become experts in them. Mediation is different from litigation as well as arbitration as it requires shunning the rigid ‘win or lose’ mentality which the younger lawyers who have a very fertile and open mind can do quicker as compared to lawyers like me who have been in the profession for some time now. My advice would be to take these subjects seriously in college, go for training wherever possible, take up internships which focus on ADR mechanisms, write papers which would help them understand the subject better. 

    Like I said earlier, law practice is like a marathon and not a sprint, so do not get disheartened if you don’t have a certain number of internships, paper publications, moots, MUNs etc on your CV. Work hard and be honest. Be critical of yourself but don’t be harsh on yourself. Also, please reach out to your family, friends, and mentors to discuss your concerns. Sometimes, the problems facing us seem big only because we perceive them as such. Therefore, it is necessary to communicate regularly and not the pressure of finding a job, getting a PPO etc get better of you. I understand these things are extremely important but your health – both mental and physical – comes first.

    Thank you once again for giving me this opportunity to share my thoughts with your readers. I wish the SuperLawyer team the very best.

  • The initial years shape your personality as a lawyer and it goes a long way in creating an impression on others- Akshay Pathak, Principal Associate at Cyril Amarchand Mangaldas

    The initial years shape your personality as a lawyer and it goes a long way in creating an impression on others- Akshay Pathak, Principal Associate at Cyril Amarchand Mangaldas

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

    Sir, our audience would like to know about your journey before you joined Cyril Amarchand Mangaldas

    I was born and brought up in Patna and did my schooling from Patna (Don Bosco Academy and St Michael’s High School). Just like any other middle class household, focus of my parents had always been on education. During school and even college I had just been an ‘above average student’. Whilst I was never the batch topper, from as long back as I can remember, I always wanted to actively participate in any event that came my way, which was related to public speaking. This was maybe the decisive factor in me opting for law. I completed BA LLB (Hons) from GGSIPU, Delhi in 2016. Before joining Cyril Amarchand Mangaldas, I have worked with Shardul Amarchand Mangaldas and briefly with Dentons Link Legal, Delhi office (Link legal was a campus placement). During my law school tenure, I had the opportunity to work as an intern under the able guidance of excellent general corporate teams of some of the best law firms in the country. I am currently working as a Principal Associate with Cyril Amarchand Mangaldas. My practice area primarily includes domestic and cross-border M&A transactions, and general corporate matters including restructurings.

    How were your initial years as a junior associate?

    There is a general perception that the initial years are tough if you are working with a law firm. Irrespective of whether you are working with a law firm or working with a senior in a chamber etc. you need to work really hard as a junior. This is inevitable and every fresher has to face this, and even I was no exception. The fear of the unknown, fear of making a mistake used to be perpetually there. As a fresher everything you are doing is new to you. There is a huge gap between theoretical knowledge and its practical application.  Hence, a junior has to spend more hours and there is no short cut to that. The initial years shape your personality as a lawyer and it goes a long way in creating an impression on others. This profession demands hard work (irrespective of the designation) and the sooner you accept this the better it is.

    Hard work and sincerity will always be given preference over just intelligence. Infact I firmly believe that if the initial years are too comfortable (in terms of work quality, number of hours etc.) it will in some way or the other adversely impact your professional growth. I was fortunate to start my journey under the guidance of some of the finest corporate lawyers of the country. If you have good seniors, you feel motivated to push yourself and give your best. Hence, I believe that role of a senior is also crucial for the growth of a fresher. People mostly quit bad seniors and not the organization or the work. A lot has been written and said about having a ‘work life balance’. This is something very subjective. Someone may get free at 7 in the evening and may feel the lack of motivation to pursue any other hobby, while the other may get free at 10 in the night and may be able to pursue a rejuvenating hobby.

    What is your take on the on-going discussions in relation to mental health issues being faced by young lawyers?

    Each of us may have issues which we may not be able to or be willing to share with everyone (specially office peers). Waking up every morning, separating your personal and professional life and going out, giving your 100 percent is never easy, in such a situation. Mental health should be taken very seriously by each individual and by peers as well. Specially in a profession like ours where you need to always give your 100 percent, not just to thrive but even to survive. It is nearly impossible to work efficiently if there are things effecting your mental well being (reasons could be personal or professional). Allowing your peers and team members that space to open up, talk about such issues can go a long way in not only increasing overall work efficiency but also in building strong bond between the team members.

    Sir, you have carved out a career in one of the best law firms in India. What were the things you did right (and wrong) in your journey so far?

    I would break this answer into two halves- one being the time spent in law school and the other half being the time spent as an associate in law firms.

    During law school, specially during the 4th and 5th year, I realized the importance of internships. If you are not from the top 5-6 national law schools, there is no other way to start working with good law firms. An internship gives you an excellent opportunity to show case your hard work and sincerity, and I believe every law student should take up internships very seriously and never intern merely for a certificate or just to fill up CV. I personally took my internships very seriously and tried to make the most out of them. Infact the team I have been working with from the past 6 and half years is the same team I interned with in my final year in law school.

    Once you start working, the first thing which you should do is try to develop dependency, and learn to be accountable for your work. ‘Being available to help’ and ‘working hard’ are the two most important attributes. You may not be the smartest one in the room, but you can work harder than the majority. That is totally under your control. Every criticism should be accepted with a positive frame of mind. As a junior one is bound to make mistakes. The most important thing is how you outgrow your insecurities and learn from your mistakes. One should never try to settle for less, specially during the formative years as a lawyer and try to always push your limits. If you start giving too much importance to work life balance in the initial stage of your career, some way or the other your professional growth may get hampered. However, I see this as a choice- one may prioritize work life balance coupled with gradual and slow growth over sharp growth over a short span. Hence, it should always be a personal decision. 

    The major part of your career revolves around corporate law. Which aspect of this thrills you the most?

    Every aspect of my work thrills me to be honest. If you don’t love what you are doing, there is something wrong with either what you are doing, or your career choice. As a corporate lawyer you get to work on some of the biggest M&A deals happening in the country. You get to engage with, work with some of the sharpest minds across various sectors. You grow not just professionally but also personally. That I believe is the most satisfying aspect of the work I majorly do.  For students / professionals who want to work with law firms, the motivating factor should always be good quality of work, better learning curve, experienced seniors to work with. One should never get carried away by hearsay negative feedback about an organization or law firms in general. At the same time never get carried away by the ‘Harvey Specter’ effect where you get enticed by other lesser relevant factors (clothes, cars, money). In long run everything follows if you are motivated and willing to work hard. ‘Overnight success’ doesn’t exist. Each day counts.

    You have effectively facilitated some major Mergers and Acquisitions. What are your key learnings while dealing with those cases?

    In my limited experience what I have understood and learnt so far is that working hard, staying updated and on your toes, are not just the only areas where you need to be good at. In addition to the above, meeting client expectations and being able to meet deadlines (internal as well as external) is something which is very important. All the hard work, sincerity is of no use if you fail to meet expectations of your senior or the client. I believe majority of the success one attains in one’s professional journey comes from being able to ‘understand and deliver as per the expectations’. Efforts which are channelled always meet better results. Hence, before working on any deliverable, understanding expectations of your client / senior is of utmost importance. 

    Internships in Tier-1 firms have been the hardest yet most desired by budding law graduates. Can you share a few suggestions which could help them to materialize the same?

    Networking and visibility is the key. Law students, specially from tier 2 and tier 3 law colleges should make it a point to mark their presence both physically and virtually in legal space. This can be by way of being physically present for seminars and conferences and being active on Linkedin. Students should keep themselves updated and actively write articles/ papers/ blogs on legal issues and changes. One cannot expect approaching anyone directly without any prior interaction, and getting an internship at one go. Students should follow a two way approach for getting internships – (1) applying well in advance (6-7 months atleast) to atleast 30-40 law firms and following up regularly (sending just 1 email for internship is as good as not applying for an internship) ; (2) building a strong presence of Linkedin by way of writing articles/ blogs, getting in touch with seniors, alumni, sharing your work with them on a regular basis, and then approaching them for internship.

    What do you think is the best for a law student to do with respect to internships? Short-term internships over several genres of law or long-term internships in a specific field of law?

    Interning multiple times with the same organization, in the same practice area with the same team preferably is better than interning 10 times with 10 different firms across different practice areas. Interning in the same practice area multiple times helps you to hone your skills and build your knowledge base in that specific practice area.

    Do non-NLU graduates stand a chance as freshers with Top notch law firms?

    Yes, absolutely. As I said earlier, internships are the best way to showcase your hard work and sincerity. If you meet the basic threshold set by a team for a fresher, and are able to demonstrate the hunger to work hard, learn and grow, college will not matter. I am also not from any NLU for that matter.

    Sir, you have a myriad of journal publications under your name. How important do you think publications are for a law graduate, both as a student and as a professional?

    Research papers become a talking point in your interview. No law firm will hire you just because you have 5 good publications. However, it does demonstrate that you have good research skills and that you were able to analyse a legal point. In an interview if you are able to substantiate on that legal issue, it can go a long way in creating a positive impression in the mind of the recruiter.

    What is the importance of moot court competitions in a CV?

    Just like a paper publication, no moot court competition can get you a job. Even if you end up winning 5 moots, no law firm will hire you solely on that ground. Participation/ winning a moot court competition demonstrates that you have good research skills and again it would be a talking point in your interview. However, I would encourage all law students to actively participate in moot court competitions and write research papers. In law school you would get to learn application of law mostly by way of your participation in co-curricular activities. 

    Lastly, what advice would you like to give to Non-NLU graduates who have big aims to get into prominent tier-1 law firms? 

    With my limited experience in legal space, the only advice I can give to anyone is to have faith in hard work, and sincerity. Hard work and sincerity would always be preferred over intelligence. Have short term goals for each semester and decide how many papers you want to write, where do you want to intern, how many research papers you wish to publish and then act accordingly. Belief in hard work more than destiny should be the mantra.

    Get in touch with Akshay Pathak-

  • We all lawyers are fortunate that ‘skill’ is paramount and most valuable factor to be successful and survive in the legal industry- Ambuj Sonal, M&A, PE & VC, IBLJ Future Legal Leader, Forbes Legal Powerlist ,Next Generation Partner-The Legal 500, Associate Partner at Link Legal

    We all lawyers are fortunate that ‘skill’ is paramount and most valuable factor to be successful and survive in the legal industry- Ambuj Sonal, M&A, PE & VC, IBLJ Future Legal Leader, Forbes Legal Powerlist ,Next Generation Partner-The Legal 500, Associate Partner at Link Legal

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

    How did you end up pursuing a career in law, and what inspired you to specialize in corporate and commercial law, M&A, joint ventures, private equity, exchange control and foreign investment?

    I completed my schooling from a very small town, Bokaro in Jharkhand. I was a science student until my 12th Board, however, I did not find interest in continuing with science and was hoping to change my stream. I started applying for journalism courses in Delhi and thought that this career path is the most suitable for me. I came to know about National Law Schools through my brother and decided to explore both journalism as well as law. I got selected for both, however decided to opt for law.

    I was selected for an internship in 2011 with DH Law (which merged its practices with Link Legal in 2016). During this internship, I worked on a lot of assignments relating to M&A, joint ventures and researched a lot on companies, businesses and regulatory issues. This created a vast interest in continuing in the same field and I was fortunate to receive a job offer from DH Law, Mumbai, post completion of my B.A. LL.B.(Hons.) in 2012. While I was ready to start my career in any given practice area, I found interest in this particular area after I was involved in all the stages of an acquisition deal in 2013. Thereafter, I decided to continue this area of practice.

    Can you walk us through your experience working as an Associate at DH Law Associates and Senior Associate at Link Legal, Mumbai? What were some of the challenges you faced, and how did you overcome them?

    I started with DH Law as an Associate in 2012. It was a smaller set up with great mentors. I had an opportunity to work on various assignments including deals, international arbitration, litigation as well as advisory. The challenge at the initial stage was to learn by yourself and deliver in time. As a fresh graduate, who had no experience of even an internship in a bigger law firm, the major challenge was to meet the quality of deliverables with market standards. With the guidance of the partners of DH Law coupled with my own passion and hard work, I think I was able to meet the required deliverables. Once a law student is required to work as a qualified lawyer, the main challenge is to understand the right issue involved in any assignment. Framing of the right issue is challenging initially, however, if you learn that art, you will succeed in profession.

    DH Law merged its practices with Link Legal in 2016 and I also became a part of Link Legal and worked as a Senior Associate. The main challenge of a Senior Associate is to own the assignment, lead the transaction and simultaneously start training the juniors in the team. Delegation is the key when you take up major responsibilities. There are always late working hours depending upon the work load, however, you need to put that extra effort and concentrate on your value addition on the entire transaction.  

    As the Deputy General Manager (Legal) at Lodha Group, how did you manage to handle the legal responsibilities for one of India’s largest real estate developers? What were some of the significant projects you worked on, and how did you add value to the company?

    The decision to move to Lodha Group came after a lot of thought where I wished to experience the challenges of an in-house counsel. I would say that the legal team in Lodha Group consisted of one of the bests lawyers whose professional approach was top notch. As an in-house counsel there are several challenges with more accountability on whatever you advise and strategies for the company. Lodha Group is one of the largest developers and were in the phase of expansion which required a lot of investments, joint ventures and commercial arrangements with big real estate funds, investors and banks. During my time at Lodha Group, I worked on assignments including setting up of infrastructure park, structured financing deals, debt investment assignments and joint ventures on regular basis. I think my transactional experience working with DH Law and Link Legal helped me to add value in these transactions and achieve the objectives of my team in timely manner.

    You have been recognized among the top individual lawyers for corporate and commercial law in the Forbes India Legal Power List 2021. How did you achieve this recognition, and what advice would you give to young lawyers aspiring to follow in your footsteps?

    I felt delighted and humbled after being recognized by Forbes India amongst the top lawyers (less than 10 years’ experience).  There was no planning to achieve this, frankly, it happened due to the visibility and experience you gain in the market. The client’s feedback is of utmost importance in any feet you achieve. Post this recognition, in 2022, I have also been named as a ‘Future Legal Leader’ by India Business Law Journal and as a ‘next generation partner’ by Legal 500. All these recognitions come only when you are recommended by your clients which means that you have to give your hundred percent on whatever assignments you are working on. A piece of advice to the younger lawyers would be to focus on quality of your deliverables and automatically your visibility and client recommendations will increase.  

    Can you describe your role as an Associate Partner at Link Legal, Mumbai, and the most exciting projects you have worked on in this capacity?

    As an Associate Partner at Link Legal, Mumbai, my role is to work as a leader of assignments within the team, be responsible for client deliverables, business development, managing your resources and work allocation. Some of the exciting transactions that I have worked in this capacity are –

    • Advised Auctus Advisors and its shareholders on its acquisition by YCP Solidiance International, a subsidiary of YCP Holdings, which is a company listed on the Tokyo Stock Exchange.
    • Advised JSW Foundation in setting up of the Skill India Impact Bond, a first of its kind and India’s largest impact bond, launched by the National Skill Development Corporation (NSDC). The other funding members of the SIIB includes, British Asian Trust, the Michael & Susan Dell Foundation, the Children’s Investment Fund Foundation, HSBC India and Dubai Cares, with FCDO (UK Government) & USAID as technical partners.
    • Advised Doncasters Group of Companies in relation to the Indian element of its global acquisition of Uni-Pol Group of Companies.
    • Advised Howen International Fund SPC, a Cayman Island fund, in its pre-series A investment in Sundaravijayam Automobiles Services Private Limited (known as Ready Assist).
    • Advised Almas Global Opportunity Fund SPC, a Cayman Islands based fund, in its investment of approximately USD 4 (Four) Million through primary and secondary investment in Jupitice Justice Technologies Private Limited, a justice technology company based in Chandigarh, India.

    How do you keep up with the constantly evolving legal landscape, and what resources do you rely on to stay informed about the latest developments in your field?

    There are several ways to keep yourself updated. The first and foremost is to read the newspapers every morning. Newspapers capturing the business updates are very crucial and reading articles provides you with the sectoral knowledge and the relevant updates. As a transactional lawyer, you need to religiously start your day by visiting three important websites of the regulators – Ministry of Corporate Affairs, Securities and Exchange Board of India and The Reserve Bank of India. This habit will keep you updated in this constantly evolving legal landscape.

    What advice would you give to the young professionals who are at the struggling phase of their respective careers?

    It is important for young professional in this field to learn as much as they can and develop their skills as a lawyer. We all lawyers are fortunate that ‘skill’ is paramount and most valuable factor to be successful and survive in the legal industry. This is a knowledge-based industry and if you have the knowledge, you will keep getting the work and keep growing in the legal industry, irrespective of your personal/professional background.

    Get in touch with Ambuj Sonal-

  • Struggle is a constant phenomenon and there is no escaping it- Shreya Sircar, Partner at Luthra and Luthra Law Offices

    Struggle is a constant phenomenon and there is no escaping it- Shreya Sircar, Partner at Luthra and Luthra Law Offices

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

    To give this conversation a start, can you tell us about your background and how you became a multi-disciplinary dispute resolution practitioner and an experienced litigator?

    After my bachelor’s degree from Lady Shri Ram College, I pursued Law from Faculty of Law University of Delhi and master’s from New York University School of Law. I started my career with the Chamber of Ms. Geeta Luthra, Senior Advocate, and had the good fortune of working with the office of Mr. Lalit Bhasin, Amarchand Mangaldas Suresh A. Shroff & Co., SAM Co., and Bharucha & Partners. Presently, I am a dispute resolution practitioner and Partner at Luthra & Luthra Law Offices.

    About a decade & more ago, dispute resolution practice was more of a generalist stream where clients approached civil lawyers for any commercial dispute that needed resolution. As a corollary, being multi-disciplinary was the norm and less of a calculated choice. Specialized practice areas/verticals and boutique firms are a relatively recent phenomenon.

    As for your question of being an ‘experienced litigator’, a lawyer practicing dispute resolution, ought to be a litigator who can ably put forth the client’s case before Court and safeguard client’s best interests.

    What are some of the industries you have worked with, and how have you helped them navigate through regulatory and compliance matters?

    My industry experience includes infrastructure, construction, manufacturing, oil & natural gas, the rolling stock industry, engineering equipment, and hydropower projects, amongst others. I, along with my team assist clients to steer a mandate from start to finish. This involves advising and representing clients on all ancillary aspects including advisory, regulatory approvals, and on-going compliance matters. We adopt an integrated approach, working with multiple practice experts to identify the optimal strategy and structure for a client.

    You specialize in shareholder disputes and contractual claims. Could you please tell us more about the challenges of working on these types of cases, and how you overcome them?

    One of the challenges in handling shareholders or contractual disputes is to mitigate the risk of negative impact on performance, operation, and the business of the company. Occasionally, these disputes can also cause reputational loss, consequently, impacting its profitability and growth.

    I routinely advise clients to ensure that agreements are well drafted to narrow the scope for future disputes. Expressly written, unambiguous contractual clauses are essential to ensure that shareholder and contractual disputes are timely managed and effectively resolved, with minimal adverse effect on the business. The aim is to device strategies to prevent potential disputes while balancing shareholder interests.

    Another aspect to consider especially in shareholder disputes is to set out the mechanism for treatment of individual shares in case of a deadlock. This enables shareholders to offer to buy shares of another shareholder at a determined rate or sell shares to the other shareholders, thereby ensuring that conflicting shareholders exit the company without causing undue harm either to the shareholders’ or the company’s interest. 

    You have represented clients in various courts and tribunals, including quasi-judicial authorities and commissions. Can you share with us a particularly challenging case you worked on, and how you managed to achieve a favorable outcome?

    One of my most challenging cases has been the one that was easiest on facts and merits. While there were excellent supporting documents and what seemed like a straightforward case in our favour, took years and several rounds of litigation to conclude. This was primarily because we were opposing a party in person. Such cases become challenging as they are largely driven by emotions and less by logic, facts, and law. Be that as it may, ultimately court orders and outcomes of cases are premised on evidence and correct application of the extant law and that held us in good stead.

    What are some of the emerging trends in dispute resolution and arbitration that you think will shape the industry in the coming years?

    Use of technology and increased digitisation have permeated most aspects of life and dispute resolution is no exception to it. There are some developing trends even in dispute resolution, with one such trend being, electronic discovery of documents and records. With many businesses being conducted digitally, the process of collecting and reviewing digital data in litigation and arbitration has increased manifold. Our courts are also increasingly relying on technology such as video conferencing, e-filing systems, live streaming of cases etc., to improve efficiency and ensure greater accessibility to the legal system.

    More particularly, in consumer transactions and services, we have witnessed an increase in class actions. Groups of people with similar claims are increasingly joining hands to consolidate their bargaining power to initiate legal action against bigwigs.

    I have also noticed a shift in the volume of work that was previously outsourced to law firms, as opposed to how much is now being accomplished in-house. While there may have been a reduction in the quantum of work being outsourced, dispute resolution practitioners are now also being approached for their expertise in evolving strategies for pre-litigation risk mitigation & related advisory.

    Can you tell us about an experience that had an impact on your career as a lawyer?

    Every case has taught me something new, but this question particularly reminds of an incident in my initial days as a litigator. I was assisting my senior on a matter and during the hearing, I found myself miserably underprepared. After the hearing, I received a well-deserved dressing down from my senior. That episode was my first and last, at being unprepared for a matter. I have since then, been extra cautious at being prepared for a day in Court. I learnt that as a litigator, preparation is the key. While one may develop court craft and gain confidence over the years, one needs to know one’s files thoroughly, from day one.

    Could you please tell us about your future plans, and how do you see your practice evolving in the future?

    The plan is to keep working now, and in the future; try to tap into opportunities of good civil commercial work and strive to get better at it. That is career progression as I see it.

    Lastly, what would you like to say to all the legal professionals out there who are struggling in their initial years?

    Struggle is a constant phenomenon and there is no escaping it. Only the nature and magnitude of struggle change with each career milestone. That said, my two pence worth of advice to young professionals is to keep working hard with utmost integrity, and in these times of instant gratification, give oneself time to progress, because progress takes time. There is no instant switch to success, which term itself, is relative.

    Get in touch with Shreya Sircar-

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    Get in touch with Neela Badami-

  • Over the years, access to justice has seen a sea change- Ankit Swarup, Advocate-on-Record

    Over the years, access to justice has seen a sea change- Ankit Swarup, Advocate-on-Record

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

    To start the conversation, please tell us how you ended up pursuing law. 

    Even as a child, the legal field excited me, though at the same time I could see the uphill battle that it is. My father being a practising advocate, I had seen his long hours of reading and his associates staying in the office till late hours doing drafting. However, when he would share stories of the day of interesting courtroom experiences at dinner time, those discussions would have me hooked for hours. My interest in the field started developing and I started wondering if I could pursue law as a career. I enrolled myself for law entrance coaching for 2 month – crash course, gave my entrance exams, cleared it and joined NALSAR in 2004.

    Please tell us how our judicial system has evolved over the years. 

    During my internship days, the physical access to courts was more. Interns could witness the Supreme Court proceedings and learn. Further, the clients/ litigants did not have to go through such lengthy procedures to obtain court pass. None of the advocates needed a proximity card but of course, this had to be balanced with rising security concerns. Virtual hearings today, are balancing as well as playing their part in increasing efficiency and transparency in court proceedings. It took some efforts to overcome infrastructural and connection issues but it was handled well. Supreme Court has also introduced judgments in vernacular languages to make judgments accessible to more and more people. Recently, the Constitutional Bench of the Supreme Court began live streaming of its hearings which gives an opportunity to law students as well as citizens to virtually observe the approach that the Apex Court is adopting. Efforts by the Supreme Court for e-filing and soft petitions have been environment conscious steps. Over the years, access to justice has seen a sea change.

    When it comes to the pendency of cases, the Supreme Court, by making some procedural changes to disposal of cases, took the bull by its horns. The common man has its hope resting on the judiciary. The court has attempted to reign the contents and limits of PIL in order to avoid frivolous PILs. Further the Supreme Court has been giving many landmark judgments such as lifting of the ban on women’s entry to Sabarimala temple, Section 377 IPC decriminalization; recognizing individual rights thereby ushering an era of social transformation. However, judiciary should also take steps to achieve greater transparency and providing access to justice and to maintain the independence of the judiciary.

    Given a very busy schedule, please tell us about how do you maintain a work life balance. 

    This profession is invariably demanding. Running from one court to the other, endlessly waiting for the matters, research, drafting and client dealings starting mostly in the third quarter of the day, every day brings its own challenges which takes up most of your time.

    I believe that a fit body is key to an active mind, which is the greatest asset of a lawyer. Apart from law, I love spending time with my family and my dog or watching sports and I try to ensure that I take an hour or so out to do these things every day. It helps me start the day with full enthusiasm. Also, I love to travel both within and outside the country. Take frequent breaks, relax, rejuvenate and re-energize to be back at work or else stress could burn you out.  

    What skills do you think one must possess in order to draft effectively? 

    Drafting is very important in a case, it is a winner or a buster.

    Firstly, one has to develop the skill of reading the case papers in depth in order to have every detail needed to draft and marshall the facts. Secondly, proper research of the law and applicable case laws. Thirdly, have a structure including a sequence of happenings and not being repetitive, keeping it crisp, to the point and use of unambiguous language. Lastly, we have to keep in mind the prayer that we are going to make even at the time of drafting the pleadings.

    We would like to know about that one case you will always remember. 

    This is a difficult one. Law is dynamic, and every case brings with itself a whole new gamut of challenges, and with that comes new possibilities. I remember this case where a higher judiciary officer’s promotion and annual grading were in question. The opposite counsel was certain of his win (as he was usually winning these cases representing the high court), and overlooked placing some vital documents before the court, and that went in our favour. From this I learnt that no matter where you are in your career, how cast iron your case is, one should never be over-confidant.

    Please tell us about the struggles you face during your initial years of practice and how has it changed for you now?

    I had taken the plunge of becoming a litigator, and it is tough. Waiting for clients, long hours of research in the Supreme Court library, filing of matters without the help of any clerk. I worked hard to meet the clients’ expectations and make a mark with my arguments on points of law. But the most difficult task was to make the clients pay the fees, obviously.

    As years go by, you mature into a wiser, more informed counsel, the clients rely on you and so does the court. Being an AOR also contributes in establishing your name as a regular practitioner.

    How far does being a fair counsel take you?

    It is very important to be fair to the opposite side and not to try to mislead the court. Concealment of facts that are prejudicial to your client will not benefit anybody. Maintaining your integrity is imperative. The judges should have absolute faith in the assistance provided by the counsel. That a goes a long way in establishing your practice. In Supreme Court when one appears for the AOR exam, he/she has to also study professional ethics. That provides you with an insight with respect to the importance of ethical practice and its positive impact in your relationship with all the stakeholders including your colleagues, clients and the judges.

    How do you keep up with the recent developments in your field?

    I update myself with legal digests and journals and keep a tab on the online legal news portals. With the emerging legal events in our country, it has become essential to keep yourself informed about the developments which always gives you an edge while strategizing and preparing arguments in the matter.  

    Could you please give some advice to the young legal professionals who are looking forward to start their practice?

    What is constant in this profession is learning and hard work. Perseverance is the mantra. Being only in my 14th year of practice, still one thing that I have learnt and would like to share is that never take your losses to heart and success to mind and do not keep measuring your efforts in terms of the outcomes. As long as you’ve provided the Client and the Court with your best assistance, you should move on. Also, don’t compare yourself to others, everyone has his/her own journey and trajectory. Further, time management is very important and to always be prepared, each time you step in the courtroom. As far as Supreme Court practice is concerned one has to identify the question of law which would get the judges interested in your matter and present it to be easily comprehensible and in least possible time.

    Get in touch with Ankit Swarup-

  • Perseverance and a strong dedication to expanding one’s knowledge base are essential for success in the field of law- Foram Shah, Partner, King Stubb & Kasiva, Advocates & Attorneys

    Perseverance and a strong dedication to expanding one’s knowledge base are essential for success in the field of law- Foram Shah, Partner, King Stubb & Kasiva, Advocates & Attorneys

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

    Ma’am, please tell us about your decision to pursue law.

    During my preparation for the final year of my Economics Honors degree, I made the decision to pursue a career in law.

    Please tell us about  the hardships that you faced by you in your 18 years of experience in corporate laws and how you overcame them.

    Certainly, as someone with 18 years of experience in corporate law, I can attest that there are many challenges one can face in this field. However, I firmly believe that these initial hurdles can ultimately make you stronger.

    One common challenge for lawyers is obtaining good, high-quality work. In order to overcome this challenge, I have found that knowledge is absolutely crucial to advancing your career. Even during years when I didn’t have many quality clients, I never gave up on my belief in myself. Instead, I focused on continually educating myself by staying up-to-date on new regulations, revised and amended acts impacting corporates, and reading orders. By doing so, I was able to prepare myself to help corporates face new challenges in regulations and compliances.

    In short, perseverance and a strong dedication to expanding one’s knowledge base are essential for success in the field of law.

    Please elucidate about your international experience as a lawyer.

    I have been fortunate to have numerous opportunities to work on international transactions throughout my career. I have been involved in setting up companies and joint ventures in various parts of the world, as well as working on the acquisition of companies in Africa, Far East Asia, Europe, and beyond. In the course of these experiences, I have had the opportunity to work closely with local counsels and legal experts in each respective country, allowing me to gain a deep understanding of their unique internal laws and regulations.

    I consider my international experience to be an invaluable asset to my career in law. It has broadened my perspective and provided me with a wealth of knowledge and expertise that I can draw upon in a wide range of legal matters.

    We would like to know more about the  masters which you pursued from NLSIU in Business Laws and in what ways it has helped you in your corporate career.

    NLSIU Bangalore is a pioneer in offering Master’s program in Business Laws. It provides a comprehensive understanding of the various legal frameworks that are essential for businesses to operate successfully. Moreover, the program is designed in such a way that it not only imparts knowledge on laws but also focuses on developing essential commercial skills. This includes aspects such as understanding businesses of clients, commercial awareness, and negotiation skills.

    The program has certainly helped me in my corporate career by giving me a well-rounded perspective on how businesses operate in the legal sphere. Through this program, I have gained a deep understanding of various legal aspects related to businesses, such as regulatory compliance, corporate governance, and contract law, among others. Furthermore, the commercial skills that I have developed have been instrumental in understanding the businesses of my clients and working with them to achieve their goals.

    In short, pursuing a Master’s in Business Laws from NLSIU Bangalore has been an immensely valuable experience for me, providing me with a strong foundation of knowledge and skills that have helped me succeed in my corporate legal career.

    You have also advised on Data Protection policy and GDPR policy. Please explain your experience. 

    Perceiving the current scenario, the data protection policies in India are still in the phase of the Personal Data Protection Bill, which was introduced in Parliament in 2019. The bill aims to provide a comprehensive framework for the processing of personal data in India, including provisions for data protection, individual rights, and obligations for data processors and controllers. The bill is currently under review and is expected to be amended to address concerns raised by various stakeholders. Once the bill is passed, it will become a law, and all organizations operating in India will be required to comply with its provisions.

    At present, in India, we do not have any strict guidelines; however, industries and companies have started preparing to implement the terms of new guidelines, which are expected to be introduced in the near future. As a partner handling several data protection mandates at King Stubb & Kasiva, my team and I are helping our clients and their departments to ensure that they are compliant with the guidelines from day one.

    On the other hand, GDPR (General Data Protection Regulation) is a comprehensive data protection law that came into effect in the European Union in May 2018. The law applies to all organizations that process personal data of EU citizens, regardless of where the organization is based.

    GDPR has several key provisions, including requirements for data protection impact assessments, the appointment of data protection officers, and the reporting of data breaches. The law also provides individuals with several rights, including the right to access their personal data, the right to request erasure of their data, and the right to data portability.

    Our team at King Stubb & Kasiva has worked extensively with Indian companies having a presence in Europe to comply with GDPR by formulating policies for them and ensuring that our clients comply with all aspects of GDPR. The team is well-versed in the requirements of GDPR, and we help our clients to navigate the complexities of the regulation to ensure that their businesses are fully compliant with the law.

    Apart from working, what do you prefer in your free time? 

    In my free time, I enjoy exploring rural areas and helping out in schools or medical facilities. I also like to spend time gardening and listening to music.

    Lastly, what kept you going on in all these years?

    What has kept me going in all these years in the field of law is my passion for the profession and my desire to continuously learn and grow with always motivated and enthusiastic team at King Stubb & Kasiva. I am constantly inspired by the challenges and complexities of legal issues and the opportunities to help clients achieve their goals. Additionally, I am motivated by the positive impact that my work can have on businesses and individuals, and the satisfaction that comes with contributing to the greater good. 

    Get in touch with Foram Shah –

  • “Law firms are not be all and end all for a law graduate – there are a lot of career choices you can adopt”- Somdutta Bhattacharyya,Partner at Argus Partners

    “Law firms are not be all and end all for a law graduate – there are a lot of career choices you can adopt”- Somdutta Bhattacharyya,Partner at Argus Partners

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

    Tell us what inclined you to pursue law as a profession?

    Well there is no inspiring story here unfortunately. I did choose science as my study stream for my plus two boards, but that was because my parents initially wanted me to become a doctor. Law happened pretty accidentally actually! It was more like law chose me. My uncle, who is a lawyer at the Calcutta High Court, told me at that time of the emergence of the national law schools across the country and the bright, young graduates these institutions were producing and suggested I should try taking the exams for these law schools. I only took the exam for WBNUJS, Kolkata (ours was the last batch who took individual law school exams instead of the CLAT) after preparing for about a month. The results came out about two weeks before the boards and I was very happy to find that I had gotten through. I decided that this was what I was going to pursue and make a career out of. And that is how it happened.   

    Do you have any mentors so far that helped you so far in this journey, and how far do you consider the role of mentors crucial in the industry?

    Yes of course. You cannot grow as a professional in the legal industry (or for that matter any industry) without the help of your mentors. A good mentor will teach you so much especially as a litigating lawyer – the art of a good draft, how much to say and what not to say in Court, how to strategize a matter etc. Whatever little I am today I am because of some excellent mentors I have had in the industry.

    Why does Corporate law attract so much attention? What makes it so unique?

    Well it would be easy to say that it attracts the attention of young graduates because of the money on offer, but that would be a shallow perspective. If you do not like and enjoy what you do on a daily basis, you will not stick around or grow, no matter the money on offer. This is why you see attrition rates are so high in the bigger law firms. However, if you like what you do, then the sky is the limit. Speaking personally, as a Disputes lawyer, I love the challenges of my job day in and day out. I have to keep our clients happy and they must feel comfortable to repose their trust in their high stakes, valuable matters in me. I have to advise them correctly, guide them down the right path, put every ounce of research and knowledge into these matters so that their chances of success are enhanced and they know that they are in safe hands – it is a challenge I am up for every day of the week.

    How do you manage your time schedule on a daily basis and what drives you to be consistent?

    I would not lie, law firm life can be pretty demanding – whether you are an A-1 level associate or a partner, every day brings its own challenges which consume most of your time. I have varied interests apart from law – I love reading fiction, watching sports especially football, spending time with my family and my dog. While most of my time is taken up by my work, I ensure that at the end of the day (no matter how late it is) I am taking an hour or two out to do these things I love – read a bit, maybe watch a film or a game of football, take the dog out for a walk, maybe go for a run or a long drive sometimes. It rejuvenates me and helps me face the next day with the same enthusiasm again.

    What differences have you noticed in international arbitration and national arbitration, I mean what’s more challenging amongst both?

    Both bring their own challenges to be honest. In an international arbitration, you are bound by the procedure of the institution under whose aegis the arbitration is happening – SIAC, ICC, LCIA etc. and the procedure is much more streamlined as opposed to domestic ad hoc arbitrations. Also, in international arbitrations you often have to work in close collaboration with foreign lawyers or law firms, and therefore seamless execution of the work can be a challenge as well as a learning experience at the same time. On the other hand, in domestic arbitrations, especially ad hoc ones, arbitrators adopt their own procedures and therefore the same may be different from one arbitration to another, and you are constantly adapting as a lawyer to make the best case for your client. However, arbitration in India has been developing at a fast rate, and amendments to the statute in 2015 and 2019 have ensured shortening of timelines and streamlining of overall procedure, and I believe the future of arbitration in India is very bright.

    Do you believe that AI will lead to data breach and violation of privacy, if yes, how can it be mitigated?

    I am not a data privacy lawyer and therefore I am ill-equipped to answer this question. My opinions on AI and data breach are based on what I have read in popular media, and I do not want to adopt a conspiratorial tone for your readers without in-depth familiarity with the issue myself.

    Few tips for our readers that helped you as well in this journey?

    First of all, you must decide what you want to do. Law firms are not be all and end all for a law graduate – there are a lot of career choices you can adopt – you can be a corporate lawyer, a litigating lawyer, an independent practitioner, an academic or venture into public policy. Do not follow the herd- look into your heart and see what you really want. As I said before, if you are not finding what you are doing everyday exciting or challenging, there is no point doing it. Also, no matter which path you choose, there is only one mantra of success for all of them – read. You have to read constantly as a lawyer, you have to keep updating yourself. Law evolves constantly, you can never be a good lawyer if you are not evolving with the law as well. That would be my two pennies for your readers.

    Get in touch with Somdutta Bhattacharyya-

  • Jyoti Kapoor, Senior Manager (Legal Counsel) at Diageo, In a Discussion With SuperLawyer On Unconventional Career Options In Law

    Jyoti Kapoor, Senior Manager (Legal Counsel) at Diageo, In a Discussion With SuperLawyer On Unconventional Career Options In Law

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

    What motivated you to choose law as a career? And how has been the journey so far for you?

    While growing up, I remember my mother telling me that she always wanted to be an advocate. However, since she came from a humble background, she could not pursue it.

    As they say, “When it comes to life, we spin our own yarn, and where we end up is really, in fact, where we always intended to be”, somewhere, I believe that destiny had a major role to play while I chose to study law and pursue it as my career since I was very inclined to pursue fashion designing.

    God has been very kind to me, I have met some wonderful mentors during my journey who have constantly guided me through. It has been an eventful journey, very rich in terms of learning, not monotonous. I feel that I am fortunate to have discovered on how to be assertive and support the business while not losing my own ground. That’s the best part, isn’t it?

    What were the challenges that you faced in the beginning of your career?

    I moved out of the ‘city of dreams’ after pursuing law from Government Law College, while I had a PPO in my hand just to feed my own curiosity of what’s in store for me in a new city, in a new role? I just wanted to understand how a company works and what role does a lawyer play in building it. Many of my friends chose to work in law firms but somewhere I was determined to pursue an in-house role in real estate.

    I am a very passionate human being and an extrovert as well, and I feel that it somewhere affected my first promotion. Early on, I remember when I got rejected for this promotion, I felt devastated. It undoubtedly was one of the first failures which I had tasted. I had been an academically bright student who predominantly scored well and therefore, it took a lot of time for me to heal.

    During this phase, while I was trying to find job opportunities and relocate myself to Bombay, I largely faced rejections. I remember, feeling miserable about myself and questioning my own skills and choices. I held my patience and kept myself motivated and as they say “Tough Times Never Last, but Tough People Do!” and some fantastic opportunities came my way.

    As I progressed in my professional journey as an inhouse counsel, I learnt a little later in life that you need to be very solution driven towards the business. A strict ‘no’ to a business proposal even with a solid rationale is something that may not work.

    Among all the specializations, i.e., drafting, vetting, due diligence, risk mitigation, which area of law is the most interesting to you and why?

    Risk mitigation to me is the most interesting. I believe that this exercise teaches you to research the moot points, evaluate and assess the business proposal accordingly. Alongside this, it also makes me build and present the best and worst business case for my stakeholders.

    Having said that, doing due diligence and creating an title trail as a real estate lawyer is also challenging and interesting at the same time. As you may know that the land laws are very region specific and even consist of cryptic language, hence to derive and create a title trail is both complex and absorbing.

    Jyoti, how do you balance your work and personal life effectively?

    I believe that I am organised when it comes to my work and personal life both, which makes it very easy for me to balance both effectively. I love to travel which means I take frequent breaks and therefore planning is the key. I often try to work backwards which gives me immense time to think, strategize and plan my work and life, both. By following this thumb rule, I do not procrastinate and stress myself. I believe that work is an integral part of my life but not my whole life.

    What can be some of the toughest considerations while someone from a non-legal background has to see before opting law as a career?

    I do not see it challenging if someone from a non- legal background starts one’s journey as a lawyer. Having said that, the choice of a law school is very integral. I am proud to be a GLC’ite. As a student of GLC, I had the freedom to explore different fields of law by interning with law firms/ companies, senior counsels, or maybe just venture into a different horizon altogether. It essentially gave me time to introspect and perspective on who I want to become and most importantly how I want to be.

    I am a first generation lawyer and feel that I have an advantage here, as I have the freedom to make mistakes without feeling any threat of being judged. With each mistake that I have committed, I have learnt to be wiser. All of our journeys are different and they can be absorbing yet very fulfilling, if we see from the right lens. We just have to dive in deep and we shall definitely find our way, the perspective has to be right.

    What is a typical day like for you?

    I am an early riser and start my work day usually around 9-9:30AM by checking/ replying to emails and messages. I, then write my to do list (and sometimes also get overwhelmed with the tasks that I have put down for myself to be completed in a day!) and then get started with the projects that have my top priority. I find that I am most productive during the day, hence I try to read as much as I can so as to advise my stakeholders on their business proposals or build strategies to move ahead before I start to jump into meetings and commence the contracting work. Before ending my work day I mostly look back and assess what’s one new thing which I learnt today. This is one of the ways which helps me to be grateful to the job that I do.

    Jyoti, could you highlight some of your success habits that enable you to meet your goal?

    The most important success habit which has always helped me to achieve results is discipline. I live by the principle that “discipline is the bridge between goals and accomplishments”. Discipline helps me in taking charge of my own life be it professional or personal; it also helps me to train myself much ahead in time.

    I also feel that performing yoga consistently, pursuing my hobby alongside work and travelling has helped me to largely reduce work fatigue.

    Last but not the least, I feel that we must trust our leaders, mentors, team and colleagues. I fully echo the thought that together we can do so much, togetherness comes with a team and teamwork begins by building trust. With my own experiences, identifying and trusting my mentor/ leader and building a team has helped me in facilitating my accomplishments much earlier.

    Lastly, what advice would you give to someone starting out?

    For someone dreaming to choose law as their career, I believe that you should first assess if you are passionate towards pursuing it. One must be brave and also wise to assess what is the right thing to do. You also have to be patient in this journey and not fear to evaluate yourselves in different fields of law. To conclude, I feel that one must believe in oneself, have faith and make your own country proud.

    “Every accomplishment starts with a decision to try”.

    -JYOTI KAPOOR

    Get in touch with Jyoti Kapoor-