Super Lawyer

Tag: Corporate

  • “In a country which is governed by a Constitution and which practices the Rule of Law, it is a privilege to serve the society as a lawyer”- Attreyi Mukherjee, General Counsel at Tata Industries Limited and a Published Author

    “In a country which is governed by a Constitution and which practices the Rule of Law, it is a privilege to serve the society as a lawyer”- Attreyi Mukherjee, General Counsel at Tata Industries Limited and a Published Author

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

    Can you share with us your journey into the field of law, from your early education to your current role as General Counsel of Tata Industries? What inspired you to pursue a career in law?

    From the early days of my education, I was a keen student of History and Political Science, finally graduating with Honours in History from Lady Shri Ram College for Women under Delhi University. At college I was enthused with the ideals of human rights, rule of law and gender equality. I was fortunate to be able to channelise my interests in my professional journey which started with my LL.B degree from Mumbai University and very recently been admitted as a Solicitor in England & Wales.

    With your experience spanning both law firms and in-house counsel roles, what differences do you find in the challenges and opportunities presented by each environment? How did these experiences shape your approach to legal practice?

    Practice of law remains constant in both these environments. Considering in-house counsels as ‘legal managers’ is a thing of the past. According to me, the key difference between the two is that in private practice, you work from transaction to transaction, whereas in an in-house role, you are much closer to the business and as such have greater ownership of the matters. In-house counsels are also expected to wear a business hat, by that I mean, having a business/strategic perspective.

    Transitioning from practicing at law firms to working as in-house counsel, what adjustments did you need to make in your approach to legal practice and stakeholder management? How do you balance the demands of providing legal advice while also understanding the business needs and goals of the organization?

    It is important to recognise the role of in-house counsel as a key risk manager for an organisation. This is something which sets apart an in-house role from that of private practice. But this does not translate to mean adversarial position with business. Legal must work with business to find the right synergistic solutions which serve the business needs while mitigating any legal exposure for the organisation. That is not to say that there are no situations where there would be a disagreement with your key business stakeholders, and these are precisely the situations where your mettle as the in-house counsel is tested. It is important to stand one’s ground and to find the appropriate approach to convincingly put the point across. Logical and persuasive arguments would always find takers.

    You’ve handled complex transactional matters, including domestic and cross-border M&As, JVs, and Technology Licensing deals. Could you walk us through a particularly challenging deal you’ve worked on and the key lessons you learned from it?

    I have experienced inflections in my learning curve when I have advised on the sell side, especially when the asset has been under stress. It requires enormous fortitude to get through the negotiations, to hold your ground and work towards the best outcome. The key practices which can help in such situations are (i) a thorough vendor diligence, which prepares you for the negotiations points you know might come up; (ii) alignment with management/client, so you know the redlines of your own business team; (iii) a clear strategy for the negotiations; and (iv) speed in execution.

    As the Co-Chair of the Legal Affairs and IPR Committee of the Bombay Chamber of Commerce and Industry, you’re involved in designing and speaking at seminars on diverse legal topics. How do you stay updated on the latest developments and trends in the legal landscape, especially in areas like Tech Laws, Data Privacy, and Gender Sensitivity?

    Thank you for the reference to my work at the Bombay Chamber. It has been my privilege to be associated with one of the oldest and well-respected industry associations of the country. As far as knowledge management is concerned, it is always easy to stay updated on the developments in areas which are of keen interest. I read a lot, both online and offline and also my interactions with peers and seniors enrich me. Ours is a knowledge-based industry and the only way to keep our skills relevant is by staying updated. This is especially important now, when the world is witnessing unprecedented social transformation and technological development, giving rise to whole new legal and regulatory paradigms.

    Your involvement in co-authoring editions of the Handbook on the Law on Sexual Harassment at Workplace demonstrates a commitment to promoting a safe and inclusive work environment. What motivated you to contribute to this important area of law, and what impact do you hope your work will have?

    I have always had an interest in human rights with a special focus on gender issues, more particularly issues around gender-based discrimination at the workplace. So, when India legislated the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, it was a welcome opportunity to dive into the research in this field and the result was the book which was first published in 2015 and remains the most detailed commentary on this subject to date. Since the publication, me and my co-author have received notes from many women around the world telling us about their experiences and it is humbling to learn how far we still have to go. It is important for organisations to understand that this has become a Board level issue and requires attention and investment at leadership level. I am frequently invited to hold lectures and training sessions at different forums on the subject and I sincerely hope that I have been able to contribute meaningfully to the cause.

    Given your extensive experience and achievements in the legal field, what advice would you offer to fresh graduates aspiring to pursue a career in law, especially those interested in business law and corporate governance?

    In a country which is governed by a Constitution and which practices the Rule of Law, it is a privilege to serve the society as a lawyer. For those who are aspiring to join the profession, I would say that there has been no better time. The new generation of lawyers will not only get to practice law but would also be an integral part of re-defining the legal landscape which is underfoot around the world. From laws on personal data protection, regulating artificial intelligence, new challenges to intellectual property rights, re-defining consumer protection rights, on the commercial side to securing individual rights, protecting those who identify beyond the gender binary, promoting safe workplaces, fighting against discrimination in all forms, there is so much and more which a fresh graduate can contribute towards. Those who wish to practice corporate law,  the increasing focus on governance through transparency would provide greater opportunities for research and practice and continuing economic growth would fuel transaction practice. Eventually, hard work, research, drafting skills and a strategic mind are the true assets of a successful lawyer.

    Get in touch with Attreyi Mukherjee-

  • “Every facet of what we do in the legal department has a key role to play in any decision making on the strategy of the organization”- Shalinee Kulshreshtha, General counsel, Dentsu International India

    “Every facet of what we do in the legal department has a key role to play in any decision making on the strategy of the organization”- Shalinee Kulshreshtha, General counsel, Dentsu International India

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

    Can you share with us your journey from practicing law at Daksh Law Firm to transitioning into the corporate sector with multinational corporations like DuPont, PricewaterhouseCoopers, and Honeywell? What motivated this shift, and how did your experiences shape your approach to legal matters in the corporate world?

    It was an interesting one. I had no clue that one can become a corporate lawyer too. Coming from a small town, I only knew about practicing in courts. Then, I started interacting with in house counsels of our clients and understood how much we could do as corporate lawyers. That triggered the interest in being one and I never felt like going back. In the corporate world, you are part of business so one has to own and live the legal advice provided unlike law firms where one can separate themselves from it.

    You’ve had extensive experience in handling various legal aspects such as litigation, contracts, mergers & acquisitions, and compliance across diverse industries. Could you elaborate on how your legal expertise intersects with your role as a business enabler within these industries?

    Every facet of what we do in the legal department has a key role to play in any decision making on the strategy of the organization. For instance, our learnings from a litigation or contract could play a key role in making a decision of what business could be good/ lucrative for the future of the company. Gone are the days when Legal was being consulted only when there was a dispute. These days, Legal plays a crucial role in enabling business and making it profitable.

    Being recognized as a leader with a strong ethos of collegiality and mutual respect, how do you foster a culture of integrity, compliance, and accountability within your organization, especially when dealing with complex business challenges?

    It starts from you. If you stick to integrity and compliance in the very turbulent and stressful situation, people see you as a role model. The cost of non-compliance could be super expensive. It’s not always pecuniary, sometimes it could lead to massive reputational damage. If you are able to show that to others, it’s not difficult to get them on your side.

    Throughout your career, you’ve worked with teams comprising members from different countries and industries. How do you navigate cultural and professional differences to ensure effective collaboration and achieve common business goals?

    I have gone through multiple cultural training sessions that have helped me understand the fundamentals of many cultures. It helps in customizing the messaging when working with people from different countries. The business goals are always the same. So, if you are able to convince others that we are working towards a common goal and how you are there to support and achieve that, it’s not difficult to resolve conflicts.

    Given your background in both law and business, how do you balance legal considerations with strategic business objectives, particularly when advising on high-stakes transactions or corporate governance matters?

    In my view, it acts as a plus. Good understanding of business and law helps strike the balance when working with stakeholders from different departments. You are able to appreciate their perspective and help them see yours.

    As someone who has been involved in multi-billion dollar transaction deals and has set precedents in legal matters, could you share some key insights or lessons learned from your most challenging cases or deals?

    It’s always easy to say “no” but your value is understood by Business when you say it rarely. No business is risk free. So, working towards minimizing the risks could lead to successful outcomes and relationships. There were times when in challenging negotiations, I asked other party questions till I understood the reason for their reluctance in agreeing to something. When I came back home, I did not know what the solution was but since I had understood the problem, it was not difficult to find an answer through some introspection and out of box thinking.

    With your extensive experience in areas such as data privacy, cyber laws, and competition law, how do you stay updated with evolving legal landscapes and ensure compliance with changing regulations, especially in the digital age?

    I spend dedicated time over weekends to study. I also attend conferences and round table discussions where I find topics of interest. Also, I organize monthly knowledge sessions by law firms on evolving subjects for my team to upgrade ourselves. Interactions with peers from industry also help stay updated. This also helps keep a tab on upcoming trends and it makes it easy to keep pace and stay compliant in the changing world.

    Your journey from being a top-performing student to receiving accolades such as the General Counsel of the Year reflects a remarkable career trajectory. What advice would you give to fresh graduates aspiring to pursue a similar path in law and business, especially in terms of navigating challenges and seizing opportunities in the professional world?

    Never compromise on your integrity, stay persistent, keep learning and think “out of box”

    Get in touch with Shalinee Kulshreshtha-

  • “As a commercial lawyer in order to maintain a strong track record of repeat clients it is necessary to delve into the nitty gritty of the technical and commercial aspects as the same is an intrinsic part of problem solving”- Priyanka Sinha, Co-Founder & Partner at A&P Partners

    “As a commercial lawyer in order to maintain a strong track record of repeat clients it is necessary to delve into the nitty gritty of the technical and commercial aspects as the same is an intrinsic part of problem solving”- Priyanka Sinha, Co-Founder & Partner at A&P Partners

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

    Can you share with us your journey into the field of law, particularly your decision to pursue it as a career path? What inspired or motivated you to become a lawyer?

    After my 12th standard, I was keen on taking up a professional course. I had not seen too many lawyers around me in my growing up years but I was intrigued to take up law as it had multiple disciplines. I had knowledge that during the 5 year course I would get an opportunity to explore the vastness that the law course would offer before treading my own career path. 

    With your extensive experience in handling both domestic and international matters, what challenges have you encountered in navigating different legal systems and cultures, and how have you overcome them?

    Whilst working on international disputes it is necessary to have a team of local councils who are not only a subject matter expert but have a strong understanding about the practices adopted in the particular territory. There is a departure in the practices adopted in different jurisdictions.  On one such instance whilst handling Insolvency matters in Germany it came to our knowledge that apart from preliminary insolvency and the final insolvency proceeding, there also exists a Pre-Insolvency Restructuring that takes place before occurrence of Insolvency. The Insolvency framework although stands structured in Germany but has many complexities which demands finer understanding of the legal aspects and applicability. Moreso, as per the German Insolvency laws it appears that the rights of an Insolvency Administrator is extensive as compared to the legal provisions provided in similar statutes of India. In another matter where a conviction order was passed by the French Court and we had to represent a reputed MultiNational Conglomerate and their officers, we discovered that there is a timeline of 5 days to file an Appeal in the Court of Cassation (The Supreme Court) from the Court of Appeal. We came across peculiarities where a matter of civil nature was transferred from a French commercial court to a French criminal court and subsequently a combined order was passed by both the Courts. These experiences are enriching as it gives a wide and holistic understanding of the subject matter. One feels elevated whilst handling these matters as you begin to appreciate and  engage in a comparative understanding of the practices, judicial precedents adopted/applicable in different jurisdictions. 

    As a trusted counsel to several large Multinational Companies, Indian Corporates, and High Net Worth Individuals, what strategies do you employ to build and maintain strong client relationships?

    We primarily focus on Partner availability for all our mandates as client satisfaction is the primary objective for us. We adopt a problem solving and solution-oriented approach which is ingrained in our Firm’s ethos and acted upon by the team. In today’s time and age with information being widely available, we have noticed that Clients are well read and aware of the legal provisions, however when they reach out to us and need us to handhold them on any particular issue, the same needs to be solution oriented. As a commercial lawyer in order to maintain a strong track record of repeat clients it is necessary to delve into the nitty gritty of the technical and commercial aspects as the same is an intrinsic part of problem solving.  We also adopt a Flexi Model with regard to billing which ranges from hourly billing/ lumpsum/ retainership fees which adds client’s convenience. We appreciate constructive feedback from our clients. For our MNC and corporate clients we are able to maintain a strong relationship with them as our advisory is not limited but it extends post closure of a transaction/ submission of a deliverable. We apprise them of the developments in the relevant sector, extend our support to navigate through concerns that may arise after execution of a contract. 

    You have a strong track record in successfully representing clients in litigation and dispute resolution. Can you share with us a particularly challenging case you’ve worked on and how you approached resolving it?

    Well, every case is challenging in its own respect, however there was a case where we represented the Petitioners (unmarried couple) before Hon’ble Bombay High Court wherein our clients sought to be appointed as the guardian of the minor child. Although the petitioners (both Hindus) were the biological parents of the minor child, the mother i.e. Petitioner No.1 was married to the Respondent (Muslim) when the child was born, therefore the Muslim Muslim personal laws were applicable to the child. It is a well settled position that the Muslim Personal law does not recognize legitimacy of the child and the mother as the natural guardian in such scenarios. However, the Court keeping the interest of the child as paramount consideration appointed and declared the Petitioners, though in a live-in relationship, were appointed as natural and legal guardians of the Minor child by virtue of being biological parents of the child. In the given scenario, apart from the other challenges we encountered the limitation with respect to carrying out a Paternity test in India and proving the Petitioner as the biological Father of the child.

    Given your expertise in various practice areas such as Construction, Corporate and Commercial, Media and Entertainment, and Insolvency and Bankruptcy Laws, what advice would you give to young lawyers who are looking to specialize in a specific area of law?

    In the current times there are multiple niche areas that are growing in the field of Law. An advice that I would like to give to young lawyers is that one should explore each and every area of law. These newer areas have ample opportunities that young lawyers can grab onto. Further, young lawyers need to be agile and take up work in different aspects of law rather than restricting their practice areas in the initial few years of their career. 

    You have been actively involved in mentoring entrepreneurs, startups, and MSMEs. What are some common legal challenges you’ve observed among these clients, and how do you assist them in overcoming these obstacles?

    Many cities in India have seen a growth of MSME’s. These MSME’s however are not familiar with the regulatory framework, and therefore a lacuna arises when they are unaware about certain aspects such as the recovery of dues and claims. For Startups and Entrepreneurs, I have seen Entrepreneurs appoint a lawyer only when there is a dispute or a situation that requires the presence of a lawyer. There are certain important aspects such as those of the regulatory nature and agreements that should be in place at the inception such as a co-founder agreement or a shareholder’s agreement that is ignored by many first time entrepreneurs. It is imperative for Startups to take legal advice during the lifecycle of the company in all its growth stages and not only at a firefighting stage. 

    Lastly, considering your wealth of experience and accomplishments in the legal field, what advice would you offer to fresh law graduates who are just starting their careers?

    As stated above, for fresh law graduates’ agility is one important personality trait that they should imbibe within themselves. Young lawyers need to be agile and should not limit their practice areas in the initial few years of their career. Also, a young lawyer should patiently take interest in understanding commercial and technical aspects whilst working on any mandate/matter.

    Get in touch with Priyanka Sinha-

    • “The best part about being a lawyer is that we can work in any industry”- Jahnavi Upadhyay, Corporate Investigation Counsel, Accenture

      “The best part about being a lawyer is that we can work in any industry”- Jahnavi Upadhyay, Corporate Investigation Counsel, Accenture

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

      Could you please share your journey of how you ventured into the legal field, especially considering your extensive experience in both litigation and corporate advisory roles?

      I again wanted to study after my divorce as I had the responsibility of a child. One of my seniors and guide introduced me to litigation. When I stepped in Delhi High Court for the first time, I knew this was it. I interned all throughout my LLB during free time and started my own firm after passing the BAR exam. Litigation has always been my passion and while I was in transactional profile for one of the organizations, I requested the organization to assign litigation to me.

      With over 14 years of experience in litigation, arbitration, and legal strategy, what significant lessons have you learned along the way that have shaped your approach to handling high-stakes legal matters?

      Legal profession is practice and not every day is the same, patience, perseverance and discipline are key to surviving and eventually succeeding. To manage high stake matters, one has to have an eye for detail, early stage risk evaluation is must, multiple scenarios have to be worked out and strategies have to be prepared for the same in advance.

      You’ve held various positions in both legal and entrepreneurial domains. How has your entrepreneurial experience influenced your perspective and approach as a legal expert?

      My entrepreneurial experience made me understand the actual difficulties of the businesses and business teams, which made me a solution finder. It’s a well-established fact and has been a matter of research that if a solution is not holistic it’s not a solution but a long-term liability. This understanding is an asset for me, that the solutions or negotiations can’t be one sided and has to be made basis keeping holistic business welfare/ organizational welfare in mind.

      As someone deeply involved in corporate advisory and transactions, could you elaborate on how you integrate legal strategies to mitigate risks for senior management within companies?

      Knowledge set enhancement by keeping an eye on latest developments in the field of law always helps, connecting with the peers in the industry helps, usage of right risk mitigations tools is key these days due to dynamic legal/ business environment and employee training are key.

      Your profile mentions expertise in stakeholder management at the company board level.     How do you navigate the complexities of legal matters while ensuring alignment with broader business objectives and stakeholder interests?

      I have managed stakeholders in regulated industries and across the industry and also at the internal company level. I would say 80% of any job done is people management and 20% is actual work, if you know people, their requirements and you can achieve it in a holistic manner. One should develop soft skills and enhance knowledge set to keep up with the stakeholders.

      Given your background in setting up legal teams and managing cross-functional collaborations, what key strategies do you employ to ensure legal objectives are met efficiently, both in terms of time and budget?

      While setting up the team, one must be mindful of the environment, policies and expectations of the organization. Right fit is difficult to find but it’s better to work hard in the beginning rather than struggling for long after a wrong person is hired. One has to have clear objectives, right partnerships with law firms/ other support organizations, ensuring budget is adhered to by having right contracts in place, evaluation of external counsels performance, etc are a few key aspects one has to keep in mind.

      Your experience spans across multiple industries, from aviation to fintech. How do you adapt your legal expertise to address the unique regulatory challenges and compliance requirements of different sectors?

      Fundamentals of law remain the same. As lawyers we are used to reading/ research and if one surrenders to learning, one can work in any domain. The best part about being a lawyer is that we can work in any industry. One should look at the right value, skills can be learnt.

      Lastly, drawing from your wealth of experience, what advice would you offer to fresh law graduates who are stepping into the legal profession, particularly in terms of navigating the complexities of litigation, corporate advisory, and stakeholder management.

      Focus on basics and fundamentals of law, be flexible, don’t let biases affect you. People see you as a success after hard work of 10+ years, till then it is tough for a first-generation lawyer. But if you follow the code, you will succeed, just believe in yourself.   Another thing I have always believed is that nothing is impossible and don’t follow the rigid thought process, be flexible in approach and strategies. I always wanted to experience all the fields of law, and thus, I ensured that I work in varied profiles and not stick to one stream. I am a generalist and I believe that as lawyers we can venture into any aspect of law as and when needed (litigation background helps here).

      Get in touch with Jahnavi Upadhyay-

    • “I strongly believe if you are clear on your fundamentals and have the right discipline, you can easily sail through different sectors and areas of practice”- Esha Chakravarty, Chief Compliance Officer and Group General Counsel Cloud4C/CtrlS

      “I strongly believe if you are clear on your fundamentals and have the right discipline, you can easily sail through different sectors and areas of practice”- Esha Chakravarty, Chief Compliance Officer and Group General Counsel Cloud4C/CtrlS

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

      Can you walk us through your journey from starting out as a lawyer to becoming the Chief Compliance Officer & Group General Counsel at CtrlS Datacenters & Cloud4C? What pivotal moments or experiences influenced your career trajectory?

      I am a first-generation common law jurisdiction qualified lawyer and my professional journey in the realm of corporate/commercial law and compliance domain commenced in the year 2008. I however started working practically full time whilst I was in my second year of the 5 years integrated LLB degree.  The actual reason why I decided to pursue law is because I wanted to appear for the civil service examination. However, once I started pursuing my degree, I decided to change course.  To be honest, law is one of the most nepotistic professions with a strong web of family legacy creating a launch pad for the next generation in their family. As is the case with any first-generation lawyer who does not have any legacy support in this profession, I did have my fair share of challenges, both academically as well as professionally, at the nascent stage of my career. Whilst it appears like an incident from another lifetime, during moot courts, I recall my fellow students having very well drafted and researched memorials using the resources, support and guidance of their parent’s chambers whilst me having to struggle in this front given the lack of support.  Likewise, for getting my first internship, given the fact that my college was new back then with no well established up and running placement committee, I recall several days of door to door walk-in interview attempts in the law firms based out of Fort Mumbai.  However, I finally did succeed in getting my first internship with Legal Pundits, a case law repository portal.  I was very active in my college and participated and won various intra as well as inter college debates, GDS, Moots including state levels. I strongly when one is determined and clear as regards one’s intent, guidance and support comes from unusual and unexpected quarters. 

      Whilst interning at Legal Pundits, I participated in an Exhibition where Legal Pundits had put up a promotional stall. Whilst participating in the stall, I happened to meet a solicitor who was kind enough to guide me to pursue my articles for the solicitor’s exam if I were serious about learning and building a career in this profession.  Post my short stint in Legal Pundits, I wanted to pursue a litigation-based internship opportunity. However, as luck would have it, I was guided by a Senior Counsel, Mr. Naveen Parekh, whom my father engaged in one of his matters. Mr. Parekh  guided me on the constraints inherent in litigation, both from timelines and financial standpoint and suggested that I must try getting into a corporate law firm given the potential and scope.  As luck would have it, there was a sole placement posting by DPA, a corporate law firm in my college. I got into DPA and signed up for a 3 year article ship. 

      The advantage of interning in a small firm is that you get to handle all kinds of work and get tremendous exposure in all domains, be it work or billing or relationship management. I worked in DPA whilst pursuing my law degree and whilst it was tough to juggle between academics and full time internship, the tenure at DPA and the rigorous training and work pressure laid the groundwork in shaping me as a professional in the realm of discipline, hard work, tenacity and proactive approach.  When you have limited choices, you learn to make the most of whatever comes your way. I appeared for the solicitor’s exam and cleared all my papers. I however missed my degree by 4 marks!

      After my stint at DPA, where I got exposure to general corporate, commercial contracts, PE deal and real estate, I joined Majumdar & Co., after graduating in 2008 where I worked with Mr. Neerav Merchant, a partner handling general corporate and real estate for over 3 years.  My stint at Majumdar & Partner has played a crucial role in my professional journey.  This is because the level of discipline, diligence and focus on quality of work, be it research, drafting or client relations at Majumdar helped me inculcate the right values professionally. 

      After working in law firms for over 7 years, I decided to move inhouse. Post my transition into Aegis, the ITES arm of Essar group, the journey has been upwards and onwards with amazing exposure to both IT and manufacturing sectors thanks to my stint at UPL, an agrochemical company, Datamatics, an IT/ITES company, Nuvoco Vistas Corp, a top tier cement manufacturing company and now finally in CtrlS Datacenters Ltd., and Cloud4C as CCO and Group GC. 

      With your diverse background spanning law firms and in-house roles across various industries, what motivated you to transition between different sectors and types of legal practice?

      Whilst I was working with the law firms, I got the opportunity to work on matters pertaining to different sectors, including IT/ITES, Pharmaceutical, Agro-Chemical, Heavy Industry i.e., coal and oil, Production Houses, FMCG. When you have clients from different domains and are working on different sets of issues, you invariably work on very stringent deadlines and have no choice but to acclimatize yourself as regards the relevant nuances, key variables and the sector specific issues that will have an impact on your advisory. This initial training helps you manage your time well, focus on what really matters to ensure quick turn-around and time bound support. At times whilst working as external consultant, the position adopted by in-house counsels that were not in sync with academic legal advice baffled me. I therefore was very keen to move in-house to get a well-rounded perspective and understand what are the factors that go into the decision-making process. My training and exposure in the law firms equipped me to handle and manage issues pertaining to different sectors with ease.  The motivation therefore to work for different sectors and areas of practice was the keen desire to learn, understand and eventually add value to whatever I sign up for. The different types of work also break the in-built monotony as you are always on your toes tackling new issues. 

      I strongly believe if you are clear on your fundamentals and have the right discipline, you can easily sail through different sectors and areas of practice. 

      Your expertise encompasses compliance risk management, corporate legal, and litigation domains. Could you share some key challenges you’ve faced in these areas throughout your career, and how you’ve addressed them?

      The mindset and the preparation that is needed in a corporate commercial domain as against litigation and compliance is different at many levels. However, there is a clear interdependence amongst various verticals. Whilst every role and stent had its own set of challenges, if I were to summarize the key challenge that has been common across various roles and sectors is getting your stakeholders and internal clients to appreciate your position and the rationale behind your advisory to ensure that the role of legal and compliance is not looked upon as a mere “paper pushing” activity and that cost and consequence of non-compliance is understood and factored in. Working on stringent timelines with quick turnaround time certainly cannot be labelled as a challenge but is a natural incidence of the profession and one has to make peace with it.  On some occasions, I did face mansplaining, gender and age based adverse presumption and the consequent loss of opportunities given the inherent bias. However, I could manage to overcome these roadblocks and I must acknowledge the support of all my mentors and seniors in my workspace who helped me navigate and sail through the various challenges. There are certain key non-negotiable parameters to tackle challenges. For me it was being highly proactive, taking total ownership of what you sign up for, being empathic and ensuring that folks can count upon and trust you in all your endeavors. 

      Given your extensive experience in compliance risk management, what strategies do you find most effective in developing and implementing compliance frameworks within organizations, particularly in multinational contexts?

      This is a very crucial question and goes to the heart of the inherent challenges in the risk and compliance domain. The most important strategy is to impress upon all the stakeholders that compliance is a necessary business cost and that you have to do things right the first time to set the right tone and context.  The function of compliance is very intense and all-encompassing from a process, protocol and implementation standpoint and the key strategy is to create a culture of compliance. Setting the right tone from the top is equally crucial.  Compliance is not a function in isolation and it certainly is not a one man show!  For me, as a part of effective compliance strategy, the key elements have been (a) Setting the right tone from the top; (b) Keeping abreast with the latest tools/tech and implementing the same to effectively monitor and reduce manual errors; (c) Robust training and awareness programs; (d) Continuous internal and external diligences; and (d) Ensuring that there are well defined consequences in place in case of non-compliance. 

      You’ve worked with top-tier international law firms as well as leading corporates and MNCs. How do you navigate the differences in culture, priorities, and working styles between law firms and in-house legal departments?

      With the increased focus on compliance, cost management and time bound advisory, the in-house role has become more all encompassing and challenging. I know of some of my friends who transited from top-tier law firms to in-house and were in for a rude shock. They presumed that after their stint in law firms, an in-house role would be a cake walk. Honestly, they were in for a rude shock.  In an in-house space, the buck does not stop with simply giving an opinion and/or representing and you have your skin in the game vis-à-vis ensuring that you make all the stakeholders understand the risk to effectively manage and ring fence the exposure. Also, on any given day, when you are leading the legal and compliance function, you navigate through multiple issues. For example, in a single day, you will have issues ranging from reviewing a high value contract, to advising on HR issues having legal implications, to working on a PE deal, to finalizing the pre-litigation strategy to ascertain gaps in compliance management, policy updates and on and on.  Whilst at in-house, your internal clients are lay man and they may have different levels of sensitivity and maturity vis-à-vis risk management.  Making them see through and appreciate your rationale is a challenge that is only there in the in-house domain. 

      Data protection laws and regulations, such as GDPR and the UK Data Protection Act, have become increasingly complex and stringent. How do you ensure that your organization stays compliant with these evolving standards, especially in the realm of cloud services?

      As I said, compliance and evolving regulation is a function of business and my job is to ensure that the operational and Infosec alignment are in place in sync with the ever-expanding requirement.  We do this via keeping ourselves abreast with the latest developments in law,  updating our policies, implementing necessary technical and organization measures, continuous training, and creating an ecosystem that has cross functional review and risk assessment measures in place. 

      In addition to your legal responsibilities, you’ve also managed various real estate, IPR, employee, and franchise-related matters. How do you balance the demands of these diverse legal areas while maintaining high standards of legal counsel?

      My initial training of around 7 years in the law firm where we catered to clients from different sectors and advised on different issues helped me develop the right base to work and manage a variety of issues.  However, it is also important to keep in mind that managing manifold matters is not a one man show. At a leadership level, finding the right resource and external advisors having the necessary subject matter expertise has also helped in tacking and managing issues effectively. 

      As someone with extensive experience and success in the legal field, what advice would you offer to fresh law graduates or aspiring legal professionals looking to build a successful career in today’s competitive legal landscape?

      My advice to fresh law graduates is that there is no short cut and instant gratification in this profession. You must sign up to be a lawyer if you are in for a long haul! There is no option but to be prepared for continuous hard work. You will have to be very patient and tenacious. If you do not like reading, do not even think about getting into law for reading and law goes hand in hand. It is imperative to bear in mind that given the nature of the profession, it is very important to remain objective and detached to manage stress better and do justice to the matters you are handling. This profession is very demanding and you will invariably have to invest long hours, work on the weekends and make many sacrifices at personal front. It is therefore important to have a good support system.  Focus on continuous learning and have an open mind. Ensure that you are dependable and can be trusted professionally. 

      Get in touch with Esha Chakravarty-

    • “I think it’s important to bear in mind that we always need to keep our clients’ interests paramount and advocate their cases accordingly, whether before a regulator or across counterparties in any deals”- Rohan Kumar, Partner at Quillon Partners

      “I think it’s important to bear in mind that we always need to keep our clients’ interests paramount and advocate their cases accordingly, whether before a regulator or across counterparties in any deals”- Rohan Kumar, Partner at Quillon Partners

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

      Can you share with us what initially sparked your interest in pursuing a career in law, especially in the field of corporate transactions and mergers and acquisitions?

      From my days in high school, when I needed to make a decision on my career, I was quite clear that I wanted to take up a career in law. I felt that a legal career would give me flexibility across other disciplines as well, such as journalism (which was my second option). While all my internships in law school were with litigators and litigation firms, I realised thereafter that my interest and skill sets were more suited to corporate transactions. Having said that, I still believe that all young lawyers should ideally start off with a litigation practice to gain an understanding of our courts system. Contracting, conveyancing and litigating in the courts (or in arbitration) are all inter-connected. If you look at any of the older generation of lawyers, they are equally comfortable in a court, arbitration process, or negotiating an M&A or financing deal.

      With over a decade of experience advising clients across various sectors, could you highlight a pivotal moment or experience that solidified your passion for corporate law?

      I don’t think I can highlight any one moment. It’s a gradual process. Certainly, after the initial 3-5 years of practice, I did see myself working as a lawyer long-term and I continue to enjoy my work. The regulatory developments and changing business requirements ensure that there’s always a challenge to confront.

      You’ve worked with esteemed law firms in India for several years before joining Quillon Partners. How did these early experiences shape your understanding of the legal profession and influence your career trajectory?

      Each experience was unique and fulfilling. I have been extremely lucky to always have worked with not just wonderful lawyers, but wonderful human beings. My early experiences taught me the value of attention to detail, hard work and the right attitude. The rest will fall in place.

      Your representative experience includes advising on significant transactions such as fundraise, investments, and mergers. Can you walk us through one of the most challenging projects you’ve tackled and the strategies you employed to navigate it successfully?

      I was advising a client on a fast-track merger sometime around 2017-2018, which is when the provisions had been recently introduced and notified. The process was getting delayed, impacting the companies’ operations. We didn’t really have a template process / precedent to follow, other than the merger approvals under the regular S.230-232 provisions. I decided to appear before the Regional Director’s office to allay their concerns, pointing out relevant precedents under the regular S.230-232 provisions and we managed to secure the approval shortly thereafter.

      Another challenging project was securing merger-control approval from the CCI back in 2013. It was one of the first merger-control filings our office was handling (the merger-control provisions had been notified a few years previously).

      I think it’s important to bear in mind that we always need to keep our clients’ interests paramount and advocate their cases accordingly, whether before a regulator or across counterparties in any deals.

      Having published articles on key reforms proposed by India’s capital markets regulator, could you discuss the importance of staying updated with regulatory changes in the legal field, especially in your area of expertise?

      I cannot overemphasise the importance of staying updated with regulatory changes and developments. This impacts the advice we give our clients on a daily basis, whether in terms of structuring transactions or negotiating an investment. It’s a key differentiator in providing high quality and effective advice.

      Transitioning from the Bangalore office to the Mumbai office of Quillon Partners, what factors contributed to this move, and how has it impacted your professional growth?

      It’s been a wonderful experience, with a new set of challenges. It’s really taken me out of my comfort zone, but I have enjoyed the transition. Of course, it’s helped that I continue to work out of both the Mumbai and Bangalore offices and get to enjoy the best of both worlds. As an M&A lawyer, it just made sense to make the move, but I also needed to be sure of working with the right set of people. In a world that’s increasingly interconnected and where physical boundaries no longer remain a challenge, I felt it shouldn’t really make a difference, whether I’m based out of Mumbai or London or Singapore.

      Drawing from your extensive experience, what advice would you offer to law graduates aspiring to specialize in transactional law and navigate the complex landscape of corporate transactions and mergers?

      Don’t stop learning. Whether we have completed 5 years or 15 years of post-qualification experience, we need to keep learning, given the demands of this profession. Don’t restrict yourself to strictly ‘legal’ knowledge. Expand your horizons of learning. Keep abreast with great cinema, the arts and culture. This better informs your skill sets, especially soft skills, which is invaluable as a lawyer.

      Get in touch with Rohan Kumar-

    • “As Inhouse counsel, I have learnt how to mitigate the Legal risk, and started thinking like a Business man so that transactions can be materialized in a legal framework, also Team handling is a major learnings which came over the period of time”- Akhilesh Kumar, General Counsel at MBD Group

      “As Inhouse counsel, I have learnt how to mitigate the Legal risk, and started thinking like a Business man so that transactions can be materialized in a legal framework, also Team handling is a major learnings which came over the period of time”- Akhilesh Kumar, General Counsel at MBD Group

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

      Can you share with us your journey into the field of law? What motivated you to pursue this career path, particularly focusing on corporate and securities laws?

      It was continuously new learning every day and at every stage of my journey in the field of Law. After my law college and enrolment at Bar Council my first Guru is Sr. Advocate Mr. Kamal Nayan Choubey. He is one of the best Sr lawyer and legal luminaries practicing at Patna High Court. I have learnt a lot from him. He taught me court crafting and also taught me how much dedication is required to practice the law. During Practice I have also worked as Advocate Member at Mobile Lok Adalat under Bihar Legal Services Authority, also while practicing as a junior advocate associates with Sr Advocate Mr. K.N. Choubey I was thinking and dreaming about the in-house counsel’s/Legal Managers role in the corporate houses who earns well and dresses well, although my senior K.N Choubey ji was not in favour me to join any corporate houses.. as he used to say and pass comments on me jokingly that what In house counsels earn monthly you can earn more than that daily. But I had decided to join corporate house so started as Legal Manager at Pacific Development Corp Limited (Pacific Group, Delhi),  then joined Treasure World Developers Pvt Ltd at Indore M.P, then returned to Delhi again and joined Omaxe Ltd. as Chief Manager Legal, then GM Legal as SGS Group and presently working as Head of Legal at a large conglomerate MBD Group, it is clarified here that while you work as Head of Legal team then you have to have good knowledge in all field of Law, not specific. However, during my journey additionally, I did LLM in Corporate and Securities Law, Diploma in Cyber Law, PG Diploma in Human Rights, which helps me while dealing with the matters pertaining to the respective laws.              

      With such a diverse educational background ranging from botany to law, how do you think your interdisciplinary knowledge has influenced your approach to legal practice, especially in the realms of corporate law and litigation management?

      In the initial days, after my 10th I wanted to become a Scientist who has knowledge of plants/medicines so that I can formulate life saving drugs and Plant tonics, hence in 12th course taken Biology and thereafter in graduation Botany Hons. However, a litigation in my family changed my journey from Scientist to Lawyer/In House Counsel. Certainly the knowledge of Science always helps me in thinking systematically and with utmost patience in finding the right solution to any situation, because study of science requires a systematic approach and patience for the end result.      

      You’ve worked with various esteemed organizations in different capacities such as GM-Legal, Corporate Counsel, and Chief Manager-Legal. Could you elaborate on how each role has contributed to your growth as a legal professional?

      Fortunately , I always got the lead role in the Legal Team in my past organizations since starting as Legal Manager in Pacific till Legal Head in MBD, but yes each role has contributed to my skills and experience whatever I have at present time. Every organization has its own working style/process and each organization teaches something new, Like, while I was appointed first time Legal Manager then I learnt how to work in the corporate culture which is altogether different from working with a law firm or designated Sr Advocate. Nature of work is also different. As inhouse counsel you work as a Client who knows the Law/court procedure and deals with the matter through external counsel. As Inhouse counsel, I have learnt how to mitigate the Legal risk, and started thinking like a Business man so that transactions can be materialized in a legal framework, also Team handling is a major learnings which came over the period of time.    

      Having handled litigations across a wide spectrum including commercial disputes, arbitration, consumer forums, and more, what do you consider as the most challenging aspect of litigation management, and how do you navigate through it effectively?

      I have learnt that for proper management of any litigation of any nature the main thing is the collating the documents and relevant information pertaining to the case, management of case files, means one should must have grip on the facts of the matter and complete documents handy in the court , what and when to be presented before the court that is called court crafting and handling of litigations. Proper management of facts and documents increase 80% chances of winning the case and 20% merit in the matter. You do not require to explain to the Court what is Law but require to present your matter/facts events wise with all the supporting documents/information.   

      Your expertise extends to drafting a myriad of legal documents and agreements. Could you walk us through your approach to drafting and vetting contracts, ensuring clarity and legal compliance?

      I personally enjoy drafting, vetting and negations on the terms of the Agreement and drafting/vetting of the Legal Documents. It is an art and comes gradually when you practice more and more. While drafting I start visualizing the events and consequences of the things not covered in your drafting. For example, if I draft any Construction Agreement on behalf of the Owner who desires to build a building on his plot, then I place myself in the place of Owner and think like Owner and start visualising the consequences of not covering in the Clause of the specific events which eventually shall take place.         

      As a legal head, you’ve been involved in mergers, acquisitions, and other corporate transactions. What strategies do you employ to ensure smooth legal processes in such complex endeavors?

      I try to understand the exact requirement of the Management/Stakeholders and then start collating the data/information and documents. Thereafter we make a team of professionals who shall perform the work in a legal framework and achieve the desired goal.        

      Over your 16+ years of experience, what have been the most significant shifts or developments in corporate law and litigation management, and how have you adapted to these changes?

      There are several changes taken place and still going on day by day, like some Acts/Law changed such as Company Law, amendments in Arbitration, RERA law introduced, forum changed like Company law board to NCLT,  new RERA and Tribunal introduced, also some new Acts introduced like Insolvency and Bankruptcy Code and for litigation management changed from manual management to digital management. Legal profession requires regular updates and demands one should be always adaptive with the changes either in law and technology.  

      Finally, considering your vast experience and achievements, what advice would you offer to fresh law graduates aspiring to embark on a similar career path in the legal field, particularly focusing on corporate law and litigation management?

      I would suggest being dedicated and focused on the subject, because it is not a part time job. He or she has to read apart from basic course materials all the subject related to corporate/commercial such as Company Law, Contract Act, Securities Law, SEBI Guidelines, Consumer Law, Arbitration, Competition law, IT Act, Data Protection Law, Cyber Laws, Partnership Act, Specific Relief Act, Bankruptcy & Insolvency Law, SARFAESI,  Tax Laws, Employment Laws, T.P Act, RERA, PMLA, etc.    It is also pertinent to mention herein that during study of law at least basic requirements of this profession should be well prepared.. such as command over the English language, knowledge of basic computer knowledge, knowledge of words, excel, power point, video conferencing ..means he or she should prepare him/herself to be well versed with the Technology/tools and systems used in the court proceedings.  Reading habits of Judgements/orders and case study shall help in increasing the understanding of the delivery of judgement/order and thinking of the court on the subject matter. One should also visit the court to understand the business of courts.    

      Get in touch with Akhilesh Kumar-

        

    • “The major problem that multi-million dollar companies face while entering India to expand is choosing the wrong shareholding structure and wrong business structure delaying the corporate compliances and inviting various penalties”- Nipun Khanna, Founder, Startup Solicitors LLP

      “The major problem that multi-million dollar companies face while entering India to expand is choosing the wrong shareholding structure and wrong business structure delaying the corporate compliances and inviting various penalties”- Nipun Khanna, Founder, Startup Solicitors LLP

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

      Can you share with us your journey into law? What motivated you to pursue both chartered accountancy and a bachelor’s degree in law?

      Since I was born in the family of lawyers, I would further like to say that both my grandfather and my father, who themselves were in the field of law as regular practitioners mainly in the state High Court & from them I was fully inspired to join the profession of law. My elder brother who already had preferred to join the same profession in the established law firm Khanna And Associates. Being fully inspired & encouraged joining the law firm passionately, & finding fully satisfied positively ensuring myself in choosing this right path into the profession of law. 

      It needs no mention to state that the repute and the status that this profession owed to our family is un parallel and being able to make an impact in the society by using the law in the best interest of the society is always the motivation behind pursuing the law

      Not to forget the black uniform, the British formalities, and being able to express yourself more profoundly seemed charming to the younger version of me back in the days of opting for law.

      I always wanted to work with big corporations shoulder to shoulder and thus law and chartered accountancy both has opened this gateway for me. 

      Your expertise lies in a diverse range of legal areas, from corporate compliance to taxation and intellectual property. How did you develop such a multifaceted skill set?

      When you plan to work in business law, you have to equip yourself with whatever it takes. There is no exception to that. As a corporate lawyer your job expects you to guide your client in all the aspects of law applicable to them and since your client is a corporate entity you have to equip yourself with all the laws applicable to the entity and such dynamics keep changing with the change of law or change of business circumstances.

      Your expertise has to vary in various areas of corporate/business law :

      1. Whether it is forming/incorporating a company in the best business structure for your clients business.
      2. Devising the best tax strategy, acting as their legal architect, formulation of a plan for them to execute their business or routing the funds by abiding the banking laws thus forcing you to become an expert in banking law as well.
      3. Once when the company is set up then you have to devise various internal controls for which you have to be well versed with various auditing procedures, practices and standards enabling you to guide your client entity to manage itself without disputes and with full transparency. Thus Auditing knowledge comes into picture and you are required to have the knowledge of this field.
      4. When your client starts recruiting employees then you are assumed to be a contractual law expert along with tax and employment laws as applicable to the respective industry.
      5. When your client begins operation/production you are expected to be an expert in seeking various licenses and IPR laws.
      6. Then finally after all this spade work you reach corporate advisory. Advising provisions as applicable to directors and KMP and the entity as well.

      Thus as a corporate lawyer you have to put your mind in various branches of law that offshoots from company law itself.

      As the founder of Startup Solicitors LLP, you’ve been deeply involved in helping startups navigate legal complexities. Could you tell us about a particularly challenging case or project you’ve worked on and how you tackled it?

      As a law firm we are more likely than not to face challenges in terms of legal complexities. The world is evolving with unprecedented pace and keeping up with the AI and Web3.0 hand in hand with legalities which are not adapting with the pace of technology.

      Though there are many challenging project that came before us, but one interesting project that I would like to draw your attention to would be is of a US client who is working in the blockchain technology and wanting to launch their cryptocurrency few years back when lawmakers did not inked a word on the legality of cryptocurrency. The challenges that we faced were many :-

      1. Whether the cryptocurrency can be tendered as a legal currency in India ?
      2. Whether Crypto mining is acceptable in India ?
      3. Can Cryptocurrency be listed in regulated markets in India ? If not can a Crypto exchange be formulated ?
      4. What is the Tax applicability on crypto transactions in India ?
      5. How to report cryptocurrency to the government Authorities in India ?
      6. Which country in the globe is most suitable for ICO launch and Crypto mining if not India?

      It took us a lot of research work in both the legal and geo political field in understanding the mindsets of various countries towards crypto currency acceptance enabling us to advise the client in choosing India vs Rest of the world for its multi-billion dollar idea. Helping him find the right country for setting up business, choosing the right country for its distinctive operations keeping in mind the future plans of our client.

      Today, we can see the global acceptance of crypto currency. The law remains in grey areas in various parts of the globe.

      With your experience in assisting multi-million dollar companies expand into India and serving on their boards, what are some common challenges these companies face when entering the Indian market, and how do you address them?

      The major problem that multi-million dollar companies face while entering India to expand is choosing the wrong shareholding structure and wrong business structure delaying the corporate compliances and inviting various penalties.

      We address the same by emulating a documentary check and analyzing the business structure comprehensively from all corners and creating timeline keeping in mind the MCA compliances, RBI Compliance, FRRO Compliances and tax laws prior to executing the incorporation process for setting up company in India

      You’ve been involved in setting up new businesses and handling legal and financial consultations. Could you walk us through the process of setting up a new business, highlighting the key legal considerations and steps involved?

      Setting up a new business involves several key legal considerations and steps. Here’s an outline of the process:

      1. Choose a Business Structure: Decide on the legal structure of your business. Common options include sole proprietorship, partnership, limited liability company (LLC), or corporation. Each structure has different legal and tax implications, so it’s essential to choose the one that best fits your needs.
      2. Register Your Business: Register your business name with the appropriate government authorities. This may involve registering a “Doing Business As” (DBA) name or incorporating your business with the state.
      3. Obtain Necessary Permits and Licenses: Depending on your industry and location, you may need to obtain specific permits or licenses to operate legally. Research the requirements in your area and ensure compliance.
      4. Secure Intellectual Property Rights: If your business involves unique products, services, or branding, consider securing intellectual property rights through patents, trademarks, or copyrights. This can help protect your business from infringement and establish your ownership of valuable assets.
      5. Set Up Taxation and Financial Systems: Obtain an Employer Identification Number (EIN) from the IRS if necessary. Set up accounting and financial systems to track income, expenses, and taxes. Consult with a tax advisor to ensure compliance with tax regulations.
      6. Draft Legal Documents: Create legal documents such as contracts, agreements, and terms of service. These documents define the rights and responsibilities of your business and its stakeholders, including customers, suppliers, and employees.
      7. Hire Employees: If you plan to hire employees, familiarize yourself with employment laws and regulations. Create employment contracts, establish payroll systems, and adhere to labor laws regarding wages, working hours, and workplace safety.
      8. Protect Your Business: Purchase insurance coverage to protect your business against potential risks such as property damage, liability claims, or employee injuries. Consider general liability insurance, professional liability insurance, and other relevant policies.
      9. Comply with Regulations: Stay informed about industry-specific regulations and compliance requirements. Depending on your business activities, you may need to adhere to environmental regulations, health and safety standards, or data protection laws.
      10. Create a Business Plan: Develop a comprehensive business plan outlining your goals, strategies, and financial projections. A well-crafted business plan can help attract investors, secure financing, and guide your business’s growth and development.
      11. Open a Business Bank Account: Separate your personal and business finances by opening a dedicated business bank account. This will simplify accounting, tax reporting, and financial management.
      12. Market Your Business: Develop a marketing plan to promote your products or services and attract customers. Consider online and offline marketing channels, such as websites, social media, advertising, and networking events.
      13. Stay Compliant and Adapt: Regularly review and update your business practices to ensure ongoing compliance with legal requirements and industry standards. Stay informed about changes in regulations or market conditions that may impact your business operations.

      Your background includes work with Forbes Asia Pacific Enlisted clients and conducting audits for various organizations. How do you maintain a high level of professionalism and attention to detail in your audit processes?

      That is just experience and practice. You learn every day, you evolve and you grow every day.

      Could you share a particularly rewarding moment in your career, where you felt your expertise made a significant impact on a client’s success or outcome?

      Well, there are many and I would like to share few:

      1. Standing shoulder to shoulder with my father and assisting him in arguing a matter in High Court, witnessing him argue with perfection and representing the client was not less than a reward for me in my early days of career.
      2. Now today as the time has passed since my inception in the field of law and finance I feel very happy seeing that we helped some European Jewelry companies and US based IT companies set up their base in India leading them to scale volumes and generate employment in INDIA.

      Lastly, considering your extensive experience and knowledge, what advice would you give to fresh graduates aspiring to enter the fields of law and finance? What key lessons have you learned throughout your career that you believe would benefit them?

      Be genuine. Be Honest with your client. Say no if he cannot win the case.

      Get in touch with Nipun Khanna-

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

      Get in touch with Nandini Nambiar-

    • “With dedication and active involvement, success in the legal profession is not only achievable but also immensely fulfilling”-Rajiv Mandal ,Senior Legal Counsel – Flipkart 

      “With dedication and active involvement, success in the legal profession is not only achievable but also immensely fulfilling”-Rajiv Mandal ,Senior Legal Counsel – Flipkart 

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

      Can you please share more about your upbringing in a rural village near the Parasnath Hills in Jharkhand? How did your family’s emphasis on education influence your decision to pursue a legal career?

      I was born in a remote village near the ‘Parasnath Hills’ in Giridih district of Jharkhand; I could never have imagined that one day I would call a bustling city like Bangalore my home. I was raised amidst a community where agriculture and daily wage labor were the primary means of sustenance. However, I was fortunate to be born into a family that placed great emphasis on education.  

      My father, a criminal lawyer, held firm to the belief that all his children should receive a proper education. Yet, in a middle-class joint family with my father as the sole breadwinner, this aspiration was not without its challenges. Consequently, to manage our agricultural responsibilities, my mother stayed back in the village while my father practiced law in Giridih town, thirty kilometers away.   

      Witnessing my father’s dedication to his legal practice from a young age deeply influenced my career aspirations. I admired his commitment to justice and the way he prepared for his cases. It ignited within me the desire to follow in his footsteps and pursue a career in law, a dream shared by both my father and myself.  

      Transitioning from a small Hindi-medium school to an English-medium institution like BNS DAV Public School must have presented its challenges. How did this transition impact your academic journey and your consideration of engineering as an alternative career option?

      Navigating through my educational journey posed its unique set of challenges, primarily stemming from financial constraints and the dynamics of belonging to a large joint family of twelve members. I commenced my schooling at a modest Hindi-medium institution nestled near my home in Giridih. There, I diligently pursued my studies up to the 7th grade before transitioning to Saraswati Shishu Vidya Mandir (SSVM), a semi-English medium school, in pursuit of a stronger command over the language. Adapting to SSVM initially proved to be a formidable task as I grappled with the linguistic transition across various subjects. However, through unwavering determination and continuous effort spanning three years from the 8th to the 10th grade, I gradually took hold of the curriculum and achieved good marks in my 10th-grade examinations.  

      Post my matriculation from SSVM, I earned admission to the esteemed ‘BNS DAV Public School’ located in the city, where I completed my 12th grade with a Science stream. Despite nurturing a longstanding aspiration to pursue a career in law, the academic environment at BNS DAV, coupled with the prevalent focus on engineering among my peers and even in two of my elder brothers, prompted me to momentarily entertain the idea of pursuing engineering. In alignment with this shift, I even applied for multiple engineering entrance examinations following the completion of my 12th grade.

      What motivated you to ultimately choose law over engineering, despite the prevailing enthusiasm for engineering studies during your time? 

      From a young age, I held onto a deep-seated desire to walk the path my father paved in the field of law, a dream we both cherished. However, amidst the prevailing fervor for engineering studies in 2009, swayed by the achievements of my peers and elder siblings in engineering, I found myself considering a different direction. I even went as far as clearing a few engineering entrance exams. Nevertheless, my childhood aspiration of becoming a lawyer remained steadfast. After extensive discussions with my father and thorough contemplation of various factors, I made the pivotal decision to pursue law.

      Opting for law over engineering was partly influenced by my struggles with mathematics. Recognizing my proficiency in literature, I believed law would better suit my strengths. Additionally, having my father, a seasoned lawyer, as a mentor was a compelling factor. His guidance and support would prove invaluable in navigating the complexities of legal studies and building a career in the field.

      In retrospect, choosing law has proven to be a wise decision. I flourished academically in my legal studies, reaffirming my passion for the subject matter. 

      Could you describe your experience studying law at M.S. Ramaiah College of Law in Bangalore? How did this experience prepare you for your career in the legal field? 

      Commencing my legal education journey in 2010 at M.S. Ramaiah College of Law (MSRCL) in Bangalore was a pivotal moment in my life. Transitioning from a quaint hometown to the bustling city of Bangalore and enrolling in such an esteemed institution like MSRCL brought forth its own set of challenges and opportunities.

      At MSRCL, I was immersed in a comprehensive legal education curriculum that not only familiarized me with various laws but also honed my presentation and negotiation skills. The college’s stringent academic standards, including mandatory attendance and adherence to proper uniform, instilled in me a sense of discipline and professionalism essential for the legal profession.

      Moreover, MSRCL provided a rich array of extracurricular activities such as moot courts, guest lectures, seminars, and legal aid clinics etc., which played a crucial role in shaping my overall personality and preparing me for a successful career in law.

      One particularly valuable aspect of the curriculum was the requirement for students to complete an internship at the end of each semester. These internships not only provided practical exposure to the legal field but also equipped me with invaluable hands-on experience that would prove instrumental in my future endeavors.

      Overall, my time at MSRCL was not only academically enriching but also personally transformative, laying a solid foundation for my journey as a legal professional. 

      You’ve had a diverse range of internships during your academic journey, including at Law Firms, NGO, MNCs, and even at the Karnataka High Court. How did these internships contribute to your understanding of the legal profession? 

      During my time at MSRCL, I found myself grappling with the decision of which career path to pursue: litigation, corporate law, or the judiciary. To gain practical insight and clarity, I embarked on a series of internships across various sectors. I sought experiences with NGOs, MNCs like Reliance, PSUs like SAIL, esteemed Law Firms like Lakshmi Kumaran & Sridharan Attorneys, and even had the privilege of interning at Karnataka High Court and  Giridih District Court. I also had an internship opportunity in the office of the Ex-Additional Solicitor General of India, Mr. K.V. Vishwanathan. Each internship revealed the distinct nature of legal practices, necessitating diverse skill sets and experiences. These internships proved invaluable, offering me first hand exposure to different legal domains and helping me align my interests with a suitable career path.  

      To support myself financially and further augment my practical legal skills, I actively sought out paid internships through our college placement cell. In my penultimate semester, I secured a position as a ‘Research Associate’ at a law firm in Bangalore, which I diligently balanced alongside my academic commitments. This experience proved pivotal in honing my research and analytical skills. This dedication ultimately led to a job offer from Wipro Ltd., secured through our college’s placement program in my final semester.

      Through this journey of internships, part-time roles, and academic pursuits, I have gained a comprehensive understanding of the legal landscape, allowing me to make informed decisions about my future career trajectory.  

      Joining Wipro’s legal team marked your entry into the corporate legal landscape. What were some of the initial challenges you faced in transitioning from academia to corporate practice? 

      Upon joining Wipro’s legal team, I initially grappled with uncertainties about my ability to thrive in the demanding corporate world, which values commitment, negotiation ability, effective communication, and a robust personality. Understanding the intricacies of Wipro’s diverse business operations, learning the drafting, contract negotiation skills, and mastering stakeholder management posed significant challenges at the onset. However, drawing from my past experiences and interactions with individuals from various backgrounds and cultures during my college years, I found myself adept at building relationships with diverse stakeholders, thereby enhancing stakeholder management. While my academic background provided a solid foundation in legal theory, it was immensely fulfilling and intellectually stimulating to witness how these theories seamlessly translated into real-world contract applications. Despite the initial challenges, I remained committed to my work, leveraging dedication and perseverance to excel in my role as a Corporate Lawyer/In-house Legal Counsel at Wipro. 

      As a Senior Legal Counsel at Flipkart, you’re responsible for a wide range of legal matters. Could you walk us through a typical day in your role and some of the key challenges you encounter.

      Working at Flipkart, a leading e-commerce giant in India, offers me a dynamic environment where I encounter fresh challenges and learning opportunities daily. My typical day revolves around the meticulous handling of drafting, reviewing, and negotiating a variety of contracts and legal documents. Additionally, I provide crucial legal advice across a range of matters of the company’s operations to safeguard its interests and mitigate potential risks effectively.   

      A significant aspect of my role involves navigating the intricacies of contract negotiation. This demands not only substantial effort but also a nuanced skill set to ensure that Flipkart operates within legal parameters while minimizing risk exposure. Given the diverse range of categories in which Flipkart operates, innovation is a constant endeavor. Thus, it’s imperative for me, as a Senior Legal Counsel, to stay abreast of evolving laws and regulations to ensure our compliance and guide the company effectively.

      Moreover, effective stakeholder management is also critical as I engage with stakeholders across various categories. This requires adept communication and negotiation skills to foster positive relationships while aligning with Flipkart’s objectives. In essence, my role extends beyond legal expertise; it entails strategic advice and proactive risk management to support Flipkart’s continued success in the dynamic e-commerce landscape.   

      Finally, based on your journey and experiences, what advice would you offer to law graduates aspiring to build successful careers in the legal profession, particularly in navigating the evolving landscape of business and compliance?     

      In the past, it was common for people to regard law as a secondary option for those who struggled academically. However, the modern business landscape highlights the paramount importance of legal compliance, elevating the demand for skilled legal professionals. 

      To law graduates, I offer this advice: Approach your studies with dedication and focus on understanding the core concepts of law rather than simply aiming for high grades. Regular and active participation in classes and extra-curricular activities are essential for success.  

      Furthermore, seek out diverse internship opportunities in areas such as NGOs, MNCs, PSUs, Courts, and Law firms. These experiences will help you discover your strengths and interests within the legal field.  

      Participation in extracurricular activities such as debate competitions, seminars, and moot courts is equally crucial. These engagements foster critical thinking, communication skills, and exposure to real-world legal scenarios. 

      My advice to law graduates echoes the sentiment that dedication and passion are the true determinants of success, regardless of one’s background. Reflecting on my own journey from a challenging rural upbringing to becoming a corporate lawyer in Bangalore, I can attest to the power of perseverance and dedication. Despite facing obstacles, I have been able to carve out a successful career path, working with prestigious organizations such as Wipro Ltd., Biocon Ltd., and Flipkart Internet Pvt. Ltd. 

      Therefore, I encourage law graduates to believe in themselves, seize every opportunity for growth, and pursue their aspirations with determination. With dedication and active involvement, success in the legal profession is not only achievable but also immensely fulfilling.   

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